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1000-63.-1-10 (4/2010)
21 B Street EBI �o nls u I t' n Burlington, M 01803 _ 173-2500 YEARS Fax: (781)273-3311 AA, environmental I engineering due diligence %98a=ora www.ebiconsulting.com October 2, 20141 \�� Southold Planning Department c/o Ms. Heather,M. Lanza, Director Town Hall Annex Building 54375 Route 25 OCT 0 6 2014 P.O. Box 1179 Southold, NY 11971 ioutitoia ioNr Planning Bo= Subject: Invitation to Comment -m-1 1-1=1-025 0�4 f3 Norton Lan Southold, Suffolk County, NY EBI Project#61148320 Dear Ms. Lanza: Pursuant to Section 106 of the National Historic Preservation Act,the regulations promulgated thereunder and interagency agreements developed thereto, EBI Consulting, Inc. on behalf of AT&T Mobility provides this notice of a proposed telecommunications facility installation at the address listed above. EBI would like to inquire if you would be interested in commenting on this proposed project. Please refer to the attached project plans for complete details regarding this proposed project. Please note that we are requesting your review of the attached information as part of the Section 106 process only and not as part of the local zoning process. We are only seeking comments related to the proposed project's potential effect to historic properties. Please submit your comments regarding the proposed project's potential effect on historic properties to EBI Consulting, to my attention at 21 B Street, Burlington, MA 01803 or contact me via telephone at the number listed below. Please reference the EBI project number. We would appreciate your comments as soonas as possible within the next 30 days. Please do not hesitate to contact me if you have any questions or concerns about the proposed project. Respectfully Submitted, Ms.Alexis Godat Senior Architectural Historian agodat@ebiconsulting.com T(585) 815-3290 F (781) 425-5167 Attachments- Figures, Drawings, and Maps ENVIROBUSINESS,INC.LOCATIONS I ATLANTA,GA I BALTIMORE, MDI BURLINGTON,MA CHICAGO,IL CRANSTON, RI DALLAS,TX I DENVER,CO I EXETER,NH I HOUSTON,TX I LOS ANGELES,CA NEW YORK,NY PHOENIX,AZ I PORTLAND,OR I SAN FRANCISCO,CA I SEATTLE,WA YORK,PA 6t`ote pc o m o. 2 40 s � PW � ♦ oa � � wo R pPio c� \ 9 S/!moi \ d �n�`QYs 'did Farma ♦ 4 a �ry ' 'vc ♦ U cn rn a 9�0 ♦ a Ul i � n p jasmine n~ O N vz 3 A � a eek pr �a 1 kepi pohdC ,00keY;Cr v / I Source:Selected data from Legend ESRI,EBI&USGS :J N Project Site o Site Radius at 250', 500', 1000' and '/2 mile Date:10/1/2014 Figure 1: Site Location Map 0 500 1,000 2,000 3,000 Feet LI-1025 1040-B HORTON LANE SOUTHOLD, NY 11971 EBI Consulting PN:81148320 environmental I engineering I due diligence � � f AL s i y1'`�:, it --�=.' `� .rr !tf°9 `� - •.. _ ii 1z W; ''-^�7^�.. 1 y lF d� 5¢ �"r� r �• l\1 ti1� f��.•^�'"�'"•�• '� 1 IS 400 �! •t f fr { vi � t5 f'`JC�C.,•_� ,• r r.��T.� r,.. wry + .9,' �- s4 t .,.• �• ff / {' ..J 5 Aa ♦i ;F tit b5 w+! p40 ,'� - y. ,Fd �1•'+ t 4/"C"._ .c�`O f $�y•a ,` 5 , of ♦, :.y ° 4\• 4Q�, d I +w +r•'w i [3� '+gyp g 5! { \,'. 4�`' '_!�;\ Ax 4 V IQ l�ff gr ! ra ,v 1 ,,•• `� I! J �• $'':��$ ,�,�', � r,.. � 4• 0 Zr` .J{ u` -%','a-• ��� t`� /6�•�♦ti`� �4 i �.' r� � \�tw�_.��' 1f�y'��,{{w �; 10 < 9' 1 w t rs4$ bio Srj 4` I^ if ptt�6 '.ir k'l ~` ;. - I J i!r�.i�� *:.% „�y•.. i 41 m- '•+ �� il'� c � Y t .�".. /r 1- � ¢ "„r" �.,,. -.••. ((ice+ '�.Q'r t-•-' a' a�'."�- s +°'if `f.r't�. '�.'� `�.._�' � t o � r.+-�---��.•..,.,/ �� � `�- - =� s; T�`��BI GI,S Legend Source:Selected data from ESRI,EBI&USGS N * Project Site ® � Site Rad iusat 250', 500', 1000' and 1/2 mile USGS 24K Quad:Southold,NY 1960 ® e - Date:10/1/2014 Figure 2 - Topographic Map o 500 1,000 2,000 3,000 Feet LI-1025 1040-B HORTON LANE SOUTHOLD, NY 11971 PN:61148320 EBI Consulting environmental[engineering I due diligence 77 N f NI I's I `'�-•_ f l i f ♦ ' 1• _ t ' `' r'�'I `` +. • + . lam`, r�t+4� �**`«l�\ `j � � i= -•F ��. �`.`�I +trt r � 7� / eft y` �„tb:`,� � �f\, ¢ t \1.i�� �; d. r �A", •1 £.Qt *syf -moo. 1�' Mme``',. iu ;�-• 1, t*t'� • it �t '�°"�+ $ff���`'`• ,� �•{a's �., >j ., y n C+`s5 ��•` ` .` 1 �.� 'L • . Yr t",.� a" 'ti`�f y.'"'^^ �wUF' Q' i� r `r ti � ` rJ Z� �to � *r. � � �• � / � ,; a a k���. lAr 1 1 1. 1 i ► �.�e r Z- 3 t + ti y ! t �v ijj` 1 r 111 5 ! ! F 5 4166 YN. �, r `i „� s: s .J r,.•� �;;��s,,�'' .� �//gY;,4 EBhGI,S Legend Source:Selected data from ESRI,EBI&USGS N Project Site Site Radiusat 250 , 500 , 1000 and 2,mile USGS 24K Quad:Southold,NY 1980 r Date:10/1/2014 Figure 2 - Topographic Map 0 500 1,000 2,000' 3,000 Feet LI-1025 1040-B HORTON LANE SOUTHOLD, NY 11971l/,�] PN:61148320 pi. E B I Co n 5 U l t i n�/ environmental I engineering I due diligence Lam. NOTFEDERAL AND STATE LANDMARKS Nlli r r-- OR SCENIC BYWAYS ARE LOCATED WITHIN 11{{..117114300'OF THE SUBJECT PARCEL. MallcdScherer, PC. C Penyville 111 Corporate Center my 53 Frontage Road,Suite 260 ection:63.02 ❑ / ve Block: 1 Hamplon,NJ0662T Ph 908.537.1300 Faz 906.537.1396 37 �VO www.mallckantlscherer.com ecGonV 63.01 H Dnm_Iu \ \ - 810 k: 1 a„�. C 1 //3R -4 1 O al 1GLENNJ.SCHERER ° ` °��'7� , NYPROFESSIONAL ENGINEERNM70 / Lam'— J N 9.1 11 \ UNLESS ACPNG UNDEER RIE DIRELYIONOFPALGI NRE MD OT ENGINEER TER DOCUMENT IN MY SIGNAPPLICANT: �O ! Section: 61 7.1 11 11 Block: 1 R ���� HB 11 1 '� 25.4 I 1`i /////iiiiiii///!/7,�p///iiii/// /// Od 1 A , // 3.2 9.3 1 1 / ;;; ////////, ;, 0 \ 1 13:2 "' ///// / YA¢ ///////� 2.2 Vacant Lantl 0 1 "v, ,. 1 R SITE ///// / Vacant Lan Wrrw`u""�ro-ii�c`i a`osvcua�'ar�msws lz m 1 1 R /!///// / / //i//////// /i/// `/ , 11 CLIENTCOMMENTS L"r 07118/14 SK I 10 07/10114 CA 11 Q t0 NEAR LSNE7 i'iii / �< Y ///// LI /// / I C ISSUED ///// 1A/ / //// V CONSTRUCTION 113.1 2f5 PRpPE JY/////////// � .. 3'1 I 9ATTORNEY 07101/14 TC ZONE BOUNDARY LINE (TYP) 1 R � NOTES: 1. SITE PLAN AND PROPERTY LINE DATA SHOWN WAS TAKEN FROM ,A SITE PLAN ENTITLED "FINAL TOPO SURVEY"PERFORMED BYD.W.HANNIG L.S.,P.C.RECERTIFIED ON MAY 1,2014.THIS DRAWING DOESM�s NOTCONSTITUTE A BOUNDARY SURVEY. 2. THE PROPOSED USE OF THE DEVELOPMENT IS FOR AN 57743,30.,E [),ed peed THE AFACDI WIRELESS NOT BE COMMUNICATION ED FUL1L1 ME. IT WILL BE VISITED 12, Plane FOR MAINTENANCE APPROXIMATELY ONCE PER MONTH. ,E stateTECHNICIAN MAY PARK NEAR COMPOUND ON TECHNICIAN MalickgScherer, PC, 530'06 PARKING AREA a,,.awn„ye„y;,,ate-cmrcem,rnms3ams,,,�er.>rs 3. .NO SANITARY OR WATER FACILITIES ARE REQUIRED. Perryville 111 Corporate Center ELECTRIC AND TELEPHONE ARE THE ONLY UTILITIES THAT` S3Fronle9e Road,Sulte260 ARE REQUIRED.UTILITY SERVICE WILL BE PROVIDED FROM UTILITY POLE AS SHOWN. . pton,NJ 081127 HamHem300 Fax 908.537.1398 _ 4. NO WATER COURSE OR FLOOD PLAINS WILL BE EFFECTED BY Ph 90 63 1 THIS DEVELOPMENT. www.mallckandscherer.com Section, 1 \ 5. ACCESS TO THE SITE WILL BE VIA EXISTING HORTONS LANE. •' I Block' LL TRAFFIC IMPACTS WILL BE NEGLIGIBLE,SINCE THE SITE IS UNMANNED. Lol'. 10 Use 6. NO TREES/SHRUBS WILL BE AFFECTED BY THIS CONSTRUCTION. \ Building 8 Comrnercloly Z 7. NO SITE LIGHTING IS PROPOSED. •\ 150' FALL ZONEL4+Ar Acres FL p o B. THE CONTRACTOR SHALL ABIDE BY ALL CURRENT LOCAL, o STATE,AND NATIONAL CODES THAT ARE APPLICABLE. 6481+� Sq' to ° 9. THE CONTRACTOR SHALL COORDINATE WITH UTILITY GLENNJ.SGHERER \ 302• COMPANIES AND MEET ALL CURRENT UTILITY COMPANY NY PROFEESIONAL ENGINEER WIM76 REQUIREMENTS AND SPECIFICATIONS. Ir ISA NG NDER THE IAw PORANYPER"^•' \ > \ 10. RE CHANCE IN EXISTING DRAINAGE PATTERNS WILL uNUY INEE&NaunoERWE WISOIREGnoN INAUI 6)AT&T PANEL Builtlin A p ENGINEER.TOALTERn930 DUNI_TINANY' U' T INNTO INSTALLED 9 RESULT FROM THIS PROPOSAL, s1cNAruRErwosEU Norvnu0 uxless oRll Z \ F WITHIN TOP TWO RF COMPATIBLE o 11. NO TRASH DISPOSAL L TIOUIRED IN CONNECTION WITH � BRICK PLANTER AT BASE OF CYLINDERS OF PROPOSED UNIPOLE � THE PROPOSED INSTALLATION. APPLICANT: \FLAG POLE (TO BE RESTORED 1 - - on AFTER INSTALLATION > CPS DEVICE ATTACHED - 2 SITE PLAN NOTES _ \ OF PROPOSED Nip E) ' TO NEW LIN POLE Building C �( o SEE DETAIL 3/A03 o 1 y J 11.17 SCALE:NTS 22x34 SCALE:NTS ?' ma...\•,� \ 18.9 a o EXISTING FLAG POLE TO IE;7GVA1Y OE °' LI District REQUIRED EXISTING PROPOSED at&t .AND REPLACED WITH NEW �� ov UNIPOLE ON 1' HIGHCAISSON ABOVE 74'-9" 1 °,'� o GROUND LEVEL (75'OVERALL HEIGHT) N:o Min Lot Size 40,000 SF 302,481 SF No Change _ ni Building D I g r" m \ i Building E i `�n Min Lot Width 100' 351.93' No Change16 0 y09� i' ;4J o U1 Min Lot Depth 150' 403.65' No Change 11 CLIENTC0MMENTS.r 07118114 SK o AT&T CABLING TRENCHED UNDERGROUND WITHIN u: U, 296.2' (F) ISSUED FOR o Min Front Yard 100' 69.0' 10 07/10/14 CA UN 6"PVC SLEEVES FROM EQUIPMENT ROOM TO 257.9' (G) CONSTRUCTION \ _ REQUIRE.SAW CUT ASPHALT PARKING LOT AS REQUIRED. REPAIR PARKING LOT TO MATCH _ ATTORNEY _ 9 07/01/14 TC EXISTING CON.ID�ITII�O-INS��,1S"E'E�IDETAIL 1/A03 AND d 209.0' (F) COMMENTS Property Line) \ \\ tNOTE BELOW 1 I 1 ' I II ,P1ope 261.23. Dee Min Side Yard 20' 30.02' 1290• (G) 8 'ATTORNEY 05122114 LM TECHNICIAN --"11 PARKING SPOT5tate peed Min Both Side qD' 60.04' 627.9' COMMENTS ELECTRIC AND TELCO CONDUITS ATTACHED TO PROPOSED CONCRETEPOSED AT&T DIESEL BACKUP EPAD T0� 1431.gg22"W 19'22'40 W Yards 7 CLIENT COMMENTS 05/06/14 LL TRENCHED UNDERGROUND FROM SEE DETAIL 6 A03 245.9' (F) .-" \ / JJ Min Rear Yard 70' 50.76' SOURCE TO EQUIPMENT ROOM IN \ 1 I I I {-1 % Distance Fraon Unnlpeale to Existing 267.4' (G) Structures Pr t BUILDING E.SAW CUT ASPHALT _ AT&T 300 S.F. EQUIPMENT I 6 CLIENT COMMENTS 04123/14 SK PARKING LOT AS REQUIRED. ROOM IN BUILDING E. UTILIZING •�, Building A: 308.2' Min LAneoscaped 25% 15% No Change REPAIR PARKING LOT O MATCH UNITS 703, 704 771 AND 772 a Building B: 144.8' EXISTING CONDITIONS SEE DETAIL 1/A04 9 Max Lot NO. ISSUE OR REVISION DATE BY SEE DETAIL 2/A03 AND NOTE R2 w.- Building C: 199.1' Coverage 307, 23.287 23.297 \ m Office for PROJECT TITLE: v 1 ^'- Building D: 74.7' Mo,H Building 35' 24' 75' Lawn Mower 1 U-Store-Ileight Repair Shop - Building E:75.2' o n. \ (k N g Max Number 2 1 N/A CONSTRUCTION DOM UMEh-"- ,I N Building F: 180.8' of Stories SITE#:LI-1025 w v1 bo Building C: 181.3' 0o w I rn SITE ADDRESS: 1 SITE Porkina Soaces 1040-B HORTONS LANE N� •� I CE _ L- h 2 Handicap Spaces Wireless REQUIRED EXISTING PROPOSED SOUTHOLD,NY 11971 Existing Meter - _ Telecommunications n o 9 __.- 84 Regular Parking Spaces and Disconnects _ - DISTRICT:BLOCK: SECTION:63 Z� 1 ___ �-4-• - 1'47 O W �.- 1 Technician Parking Space Max Tower Height 80' N/A 75' BL0CK:I L0T:10 Lone NOTE: 87 Total Parking Spaces Tower Setback: ZONE:LI-LIGHT INDUSTRIAL NEW CSC CABINET TO BE Horton Anvar_cs1 Nearest Dwelling Unit N6A' N/A 276.7' INSTALLED BY SERVICE LPubk suea-w CONTRACTOR TO VERIFY ALL UNDERGROUND UTILITIES Nearest Res. Prop. Line 5060' N A 209.0' MBS PROJECT#:148EC001 PROVIDER PROPOSED METER AND DISCONNECT AND SEWERS BEFORE THE START OF CONSTRUCTION. Min Lot Area 40,000 SF 302,481 SF No Change SCALE:AS NOTED DATE:01/21/10 ATTACHED TO BUILDING EXTERIOR. IF ANY DISCREPANCIES FROM THESE PLANS ARISE. TELCO CONDUIT TRENCHED COORDINATE WITH UTILITY COMPANY CONTACT THE ENGINEER(M&S) IMMEDIATELY. FROM UTILITY POLE TO FOR ELECTRICAL CONNECTION Min Fence Height 6' N/A N/A DRAWN BY:GCE I CHECKED BY:CCS NEW CSC CABINET. COAX CABLE CHART Is. COORDINATE ALLOW FOR 3'ACCESSWITH SERVICE PROVIDER. CLEARANCE IN FRONT N0. QTY. SECTOR COAX LENGTHMax Equipment Area 5060 SF N/A 300 SF DRAWING TITLE: SEE DETAIL 2/A03 OF NEW METER AND 1 B ALPHA 170• Base Screening Yes N/A No Utility Pole DISCONNECT 2 B BETA 170' (Vegetation) SITE PLAN _ 75KVA Transformer 3 B G4MMA 170•. Tower Color Croy N/A Gray SITE PLAN 3 BULK REQUIREMENTS DRAWING NO: PAGE NO.: 11xAL 17 SCE:1"=e0'-0" 22x34 SCALE:1"e 40'-0" x3 1x17 SCALE:NTS 224 SCALE:NTS A01 4 of 14 NOTES: \ 1. SITE PLAN AND PROPERTY LINE DATA.SHOWN WAS TAKEN FROM 011A SITE PLAN ENTITLED TFINAL :OPO SURVEY•'PERFORMED FRD.W.HANNIC L.S.,P.C.RE-CERTIFIED ON MAY 1,2014.THIS DRAWING DOESNOT CONSTITUTE A BOUNDARD USE OF THE Y SURVEY.2 UNMANNED WITHE ERELESS COMMUMCATION PFAC�LITI FOR AN K, 43,30°E "ee626 24Es peed THE FACILITY WILL NOT BE STAFFED FULL TIME. IT WILL BE VISITED 517' Plane FOR MAINTENANCE APPROXIMATELY ONCE PER MONTH. '12"E State - TECHNICIAN MAY PARK NEAR COMPOUND ON TECHNICIAN Maliek68chererr PC, S30'06 PARKING AREA awswmro yrrews.awsm�m;„i„wav,ie,os°ne...s -- - 3. NO SANITARY. OR WATER FACILITIES ARE REQUIRED. - PerryYllle III Corporate Center ELECTRIC AND TELEPHONE ARE THE ONLY UTILITIES THAT 53 Frontage Road,Suite 260 ARE REQUIRED.UTILITY SERVICE WILL BE PROVIDED FROM -.Hampton,NJ 08827 _ UTILITY POLE AS SHOWN. Ph 908.537.1300 Fax 908.537.1398 4. NO WATER COURSE OR FLOOD PLAINS WILL BE EFFECTED BY www,mall30D Fa 908.37.1 t,on.53 THIS DEVELOPMENT. Sedlok l0 - 1 5. ACCESS TO THE SITE WILL BE VIA EXISTING HORTONS LANE. 4 I I I TRAFFIC IMPACTS WILL BE NEGLIGIBLE,SINCE THE SITE IS UNMANNED. '� Lot: Use 6. NO TREES/SHRUBS WILL BE AFFECTED BY THIS CONSTRUCTION. Building 8 Camn'orp eo d Z 7. NO SITE LIGHTING IS PROPOSED. 150 FALL ZONE Lot Acres p v' B. THE CONTRACTOR SHALL ABIDE BY ALL CURRENT LOCAL, 6gq;+,Sq,ft. STATE,AND NATIONAL CODES THAT ARE APPLICABLE. ',o 9. THE CONTRACTOR SHALL COORDINATE WITH UTILITY GLENN I.scNERER 0.6 NYPROFESSIOMENGINEERM7537S \ 302' 0 :o COMPANIES AND MEET ALL CURRENT UTILITY COMPANY REQUIREMENTS AND SPECIFICATIONS. ITISa vIINGUNDERTHELn ECTON YPERSON N ', K f0. NO CHANCE IN EXISTING DRAINAGE PATTERNS WILL urvwss ncTmcurvoER iNE OIREcnoN OFAucerv; ♦ 6)AT&T PANEL Building A ENG4NEER TO LTERTtIS DOCUMENT INANY WPI M' TENNAS INSTALLED 9 c RESULT FROM THIS PROPOSAL. SIGNhruREANDSEN.NOTVWLIDVNLESSORIGIN'_ WITHIN TOP TWO RF COMPATIBLE o 11. NO TRASH DISPOSAL IS REQUIRED IN CONNECTION WITH _ BRICK PLANTER AT BASE OF CYLINDERS OF PROPOSED UNIPOLE THE PROPOSED INSTALLATION. APPLICANT: FLAG POLE (TO BE RESTORED On AFTER INSTALLATION + CPS DEVICE ATTACHED OF PROPOSED UNIPOLE) TO NEW UNIPOLE Building C 0 2 SITE PLAN NOTES SEE DETAIL 3/AO3 y J 11x17SCALE:NTS 22.34 SCALE:NTS I^ •, m EXISTING FLAG POLE TO BE REMOVED a LI District REQUIRED EXISTING PROPOSED at&t lo= T AND REPLACED WITH NEW 74' CRAY p74-9* UNIPOLE ON V HIGH CAISSON ABOVE 74-9* °3 _ GROUND LEVEL(75'OVERALL HEIGHT) Ln Min Lot Size 40,000 SF 302.481 SF No Change 1^ Building D ;o o TD i I 'eo Min Lot Width 100' 351.93 No Change ` Building E i I ° g09,0. i• i„y o mN Min Lot Depth 150' 403.66' No Change 11 CLIENTCOMMENTS 07118/14 SK AT&T CABLING TRENCHED UNDERGROUND WITHIN d` 0' 296.2' (F) ISSUED FOR o l Min Front Yard 100' 69.0' 10 07/10/14 CA " (8) 6L PVC SLEEVES FROM EQUIPMENT ROOM TO 257.9' (C) CONSTRUCTION ° \ UNIPOLE.SAW CUT ASPHALT PARKING LOT AS REQUIRED. REPAIR PARKINGLOTTO MATCH t _ ATTORNEY //p1 EXISTING CONDITIONS, SEE DETAIL 1/AO3 AND eed Min Side Yard 20' 30.02' 209.0' (F) 9 COMMENTS 07/01/14 TC Property Line) 1 NOTE BELOW�� X1.23, 0 129.0' (G) TECHNICIAN \ �I I I I/1 I I I I I 11 -pl°ne 26 8 'ATTORNEY 05/22114 LM PARKING SPOT PROPOSED AT&T DIESEL BACKUP GENERATOR 1.45'22�W i822'40te ,�W Oeed Min Bards Side COMMENTS 40' 60.04' fi27,9' ELECTRIC AND TELCO CONDUITS ATTACHED TO PROPOSED CONCRETE PA 31 N 245.9• (F) 7 CLIENT COMMENTS 05I06l14 LL TRENCHED UNDERGROUND FROM ,,,•,,.. SEE DETAIL 6/A03 m Min Rear Yard 70' 50.76' Distoncre From Uni ole to Existing SOURCE TO EQUIPMENT ROOM IN \ 1 I I I S Structures on Pro ert 9 267.4' (G) BUILDING E. SAW CUT ASPHALT �, _ AT&T 300 S.F. EQUIPMENT I 6 CLIENTCOMMENTS 04/23114 SK PARKING LOT AS REQUIRED. ROOM IN BUILDING E. UTILIZING Building A:308.2' . Min Landscaped Area 257. 157. No Change REPAIR PARKING LOT TO MATCH UNITS 703, 704 771 AND 772 e. Building 8: 144,6' NO. ISSUE OR REVISION DATE BY EXISTING CONDITIONS SEE DETAIL 1/AO4 qj. Max Lot SEE DETAIL 2/AO3 AND NOTE 7)2 - v 309 23.289. 23.297 ` > Building C: 199.1' Coverage Office for Building D: 74.7' Max Building 35' ' ' PROJECT TITLE: c Lawn Mower U-Store-It ; ,Height 24 75 o Building ' c Repair Shop N E: 75.2- Moo Slo�i s 2 1 N/A CONSTRUCTION DOCUMEN °+1 Building F: 180.8' SITE ft:LI-1025 Building C: 181.3' SITE ADDRESS: SITE Porking Spaces 1040-B HORTONS LANE c��m •i^j I CE -L- h 2 Hand;cop Spaces Wireless REQUIRED EXISTING PROPOSED SOUTHOLD.NY 11971 Existing Meter _ _ - 84 Regular Parking Spaces Telecommunicolions z o and Disconnects - - DISTRICT:1000 SECTION:63 -o-•• •4J 0 W 1 Technician Parking Space Max Tower Height 80' N/A 75' BLOCK:1 LOT:10 _ ZONE:LI-LIGHT INDUSTRIAL NEW CSC CABINET TO BE HOTCOn Lane NOTE: 87 Total Parking Spores Tower Setback: w'4u• n) Nearest Dwelling Unil N/A' N/A 276.7' M&S PROJECT#:14BECO01 INSTALLED 81•SERVICE LP„e�e su°e1" CONTRACTOR TO VERIFY ALL UNDERGROUND UTILITIES - Nearest Res. Top o. Line 6' N/A 09.0' PROVIDER PROPOSED METER AND DISCONNECT AND SEWERS BEFORE THE START OF CONSTRUCTION, Min Lot Area 40.000 SF 302.481 SF No Change ATTACHED TO BUILDING EXTERIOR. IF ANY DISCREPANCIES FROM THESE PLANS ARISE, SCALE:AS NOTED DATE:01121/10 TELCO CONDUIT TRENCHED COORDINATE WITH UTILITY COMPANY CONTACT THE ENGINEER (M&S)IMMEDIATELY. FROM UTILITY POLE TO FOR ELECTRICAL CONNECTION '• `s - Min Fence Height 6' N/A N/A DRAWN BY:GCE CHECKED BY:CCS NEW CSC CABINET. COAX CABLE CHART Max Equipment Area 500 SF N/A 300 SF DRAWING TITLE: COORDINATE ALLOW FOR 3'ACCESS t WITH SERVICE PROVIDER. CLEARANCE IN FRONT N0. QTY. SECTOR .GOA% LENGTH , Y«'. 1 t SEE DETAIL 2/AD3 OF NEW METER AND 1 8 ALPHA 170' I: Bose Screening Yes N/A No DISCONNECT _ (Vegetation) Utility Pole 2 B BETA 170' + SITE PLAN 75KVA Transformer 3 B GAIAMA 170'" I ce Tower Color Croy N/A Cray DRAWING NO.: PAGE NO.: 1 SITE PLAN 3 BULK REQUIREMENTS 11x17 SCALE:1-•8W.0- 22x34 SCALE:1-40'.0- 1x17 SCALE:NTS 22x34 SCALE:NTS A01 4 of 14 sil Malick6Scherer, PQ, Perryville III Corporate Center 53 Frontage Road&1"260 Hampton,NJ 08827 Ph 908.537.130D Fax 908537 1398 v .mRllckandscherer.= REPLACE EXISTING FLAG POLE WITH NEW 74' UNIPOLE ON 1' HIGH CAISSON ABOVE GROUND (3)AT&T PANEL ANTENNAS INSTALLED LEVEL(75' OVERALL HEIGHT) '38' I HIN 10' RF COMPATIBLE CYLINDER - 75' +/— A. OU1 (6 AT&T MIN MWS INSTALLED (TOP OF UNIPOLE) WITHIN 10' RF COMPATIBLE CYLINDER G-ENNJ.INGI R A NY PROFESSIONAL ENGINEERAU1531B 72' + –AGL U (3)AT&T PANEL ANTENNAS INSTALLED ITISAVIOLATIW THEIAWMRANYPERSc, / UN LESSACMGANDERTHEDIRECTIONOF ALICE (RAD CENTER) WITHIN.10' RF COMPATIBLE CYLINDER ENGWEERTOALTERT BDOCUMFMINANYW 65' +/—ACL_ ) 5IG—EPNDSEALNOTVAIIOUNUMSORIGII (TOP OF RF COMPATIBLE CYLINDER) WI H N 10' RF CO COMPATIBLE CYLINDER APPLICANT: 62' +/-AGLf U �iy�� (RAD CENTER) "55' +/=ACL_ at&t (TOP OF RF COMPATIBLE CYLINDER) D MS EMPTY 10' RF COMPATIBLE CYLINDER W6THIAN&10S1RF LC0 PATIBLE CYLINDERED - 45' +/– ACL PROPOSED PROTECTIVE (TOP OF RF COMPATIBLE CYLINDER)_ A BOLLARDS(TYPFOR 12) - PAINTED CAUTION YELLOW 11 CLIENT COMMENTS 07/18/14 SK SEE DETAIL 4/A03 EMPTY 10'RF COMPATIBLE CYLINDER GPS DEVICE ATTACHED .. 10 ISSUED FOR r71.114 CA TO BUILDING EXTERIOR - CONSTRUCTION SEE DETAIL 3/AO3 COAX CABLES ROUTED I - ATTORNEY UP INTERIOR OF PROPOSED 9 TC AT&T 300 S.F. EQUIPMENT UNIPOLE COMMENTS ROOM IN BUILDING E. g LM UTILIZING UNITS 703, 704 ,771 a ATTORNEY AND 772 1 COMMENTS SEE DETAIL 1/A04 BRICK PLANTER AT BASE OF EXISTING FLAGPOLE (TO BE 7 CLIENT COMMENTS LL Building E RESTORED AFTER INSTALLATION 12'+/—AGL OF PROPOSED UNIPOLE) I - 6 CLIENTCOMMENTS 04/23/14 SK TOP OF GPS) 7'-8" +/—AGL 1 NO ISSUE OR REVISION DATE BY (TOP OF GENERATOR) I r--(TOP OAGL PROJECT TITLE: F BRICK PLANTER/ CAISSON) 48• CONSTRUCTION DOCUMEN' , L_ __ ___ DW ' SITE#:U-1025 COAX CABLE CHART PROPOSED AT&T DIESEL AT&T CABLING TRENCHED UNDERGROUND.WITHIN SITE ADDRESS: BACKUP GENERATOR (8) 6�PVC SLEEVES UNDERGROUND FROM 1040-B HORTONSIANE NO. OTY. SECTOR COAX LENGTH ATTACHED TO PROPOSED �EOUIPMENT ROOM TO UNIPOLE. SAW CUT ASPHALT SOUTHOLD,NY 11971 1 B ALPHA 170, CONCRETE PAD PARKING LOT Ap MATCH EXISTING U[RED. REPAIR PARKING LOT SEE DETAIL 6/AO3 2 B BETA 170' 'SEE DETAIL 1/A03 DISTRICT:1 00 OT:SECTION: 10 N:63 BLOC3 8 GAMMA 170' PROPOSED CONCRETE 'ZONE:LI-LIGHT INDUSTRIAL .. - PAD (31.DETAIL 5/A03 62 SQFQ MBS PROJECT#:14BEC001 ,SEE SCALE:ASNOTED I DATE:01/21/10 ywwW.ftb018W, TRENCH (3)CONDUITS FROM PROPOSED DRAWN SY:GCE CHECKED BY:CCS Iw7NCeklaymdgr BACKUP GENERATOR TO PROPOSED EQUIPMENT ROOM DRAWING TITLE: SEE DETAIL 1/A03 ELEVATION AND DETAILS DRAWING NO.: PAGE NO.: 1 WEST ELEVATION 0 B' 16' 11x17 SCALE:111611•-0" 22x34 SCALE:118"v 1'.0" ® - A02 5 GI 14 -T- c- Cummings, Brian A. From: John Coughlin <jcoughlin@rnhclaw.com> 0 Sent: Wednesday, March 19, 2014 11:52 AM To: Cummings, Brian A.; Lanza, Heather; Rick Edwards* (Rick@CityScapeGov.com) Cc: Marisa Knoth Subject: RE:AT&T @ 1040 Hortons Lane Importance: High 11 - - Categories: Red Category 1 y MAR 20 2014 If� Hi Brian, Heather& Rick, owl I was just advised by the AT&T folks that they intend to make some changes to the proposal (considering the original design dates back to 2010)-including, but not limited to adding a generator, modifying the antenna model and other related ground-based equipment changes. Accordingly, I believe an adjournment of next week's work session would be appropriate. I want to make sure that the necessary materials are accurately and consistently revised. That said, if you would like to have me (or someone from our office) attend next week,we will certainly do so. • It may not be me, because I am on baby watch until April 2"d. John John J. Coughlin Re, Nielsen, Huber & Coughlin, LLP 36 North New York Avenue Huntington, New York 11743 Telephone: (631) 425-4100 Facsimile: (631) 425-4104 E-Mail: jcoughlin(@rnhclaw.com This c-mail message and attached files, if any,are confidential and intended solely for the use of the addressee(s)named above. This communication may contain information protected by attorney-client,work product,or other privileges.If you are not the intended recipient or his/her agent, any review,use,disseininat.ion, furwarding,printing,copying,or other distribution of the information in this e-mail is strictly prohibited.If you have received this confidential.connnunicati.on in error,please notify the sender immediately by reply c-ma .l message and permanently delete the original message. From: Cummings, Brian A. [mailto•brian cummings(a)town.southold.ny.us] Sent: Friday, March 07, 2014 2:59 PM To: John Coughlin Cc: Rick Edwards* (Rick CityScapeGov.com); Lanza, Heather Subject: AT&T @ 1040 Hortons Lane Good afternoon John, I wanted to inform you that the Planning Department,along with Cityscape consultants,expect to review the reactivated wireless communications application for AT&T @ 1040 Hortons Lane for completeness at the Planning Board's work session Monday, March 24th @ 4:00pm in the Town Hall meeting hall. Review of the application has begun by Cityscape and Staff and will be presented to the Board at that time. 1 _TJState of New York �. . . ., _. Telecommunications Site Review consultants, Inc. New Support Structure 7050 W.Palmetto Park Road#15-652 Boca Raton,Florida 33433 Tel:877-438-2851 Fax:877-220-4593 March 7,2013 Heather M.Lanza,AICP Planning Director Town Hall Annex Building - - 53095 Route 25 Southold,New York 11971 - 11 RE: Carrier: New Cingular Wireless PCS,LLC. MAR Site/Facility: LI-1025 SCTM#1000-63-1-10 Dear Ms.Lanza, At your request on behalf of The Town of Southold in New York, Cityscape Consultants, in its capacity as telecommunications consultant for the Town, has considered the merits of an application provided by New Cingular Wireless PCS, LLC; better known as AT&T Mobility ("Applicant") to construct a new facility in the Town of Southold. The proposed support structure is to be a concealed-type structure referenced as a `slick-stick' with a total elevation of seventy-five (75) feet, see figure 1. The proposed structure will include antenna space ("slots") for AT&T and two additional antenna arrays of similar design. The Applicant will require one (1) slot at 64 feet for their current GSM (voice/text) service and a second slot at 72 feet for their LTE (4G) services for a total of two (2) of the four (4) available slots. AT&T Mobility plans to install their ground based electronic equipment inside an existing building identified as `Building E' with interconnecting cables underground to the propose support structure, see figure 2. The purpose is for AT&T Mobility to provide both new high(er) speed wireless broadband service and GSM cell phone service in the Town of Southold. The proposed facility is located at 1040-B Horton's Lane in Southold, see figure 3. AT&T Mobility is in the process of upgrading their existing services by constructing new facilities and modifying their existing facilities throughout the United States. This application is intended to improve existing service and to provide new fourth generation (4G)LTE service into the general area. The new technology is for high speed wireless broadband implementation. The AT&T installation will have three (3) LTE antennas in the top slot at 72 feet and three (3) GSM/UTMS antennas in the lower slot at 64 feet. The Applicant's complete installation of remote radio units and feed lines is not clear and in this situation not relevant. The important factor is that all feed lines, CAT-5 cables, and power cables shall be installed within the support structure. All wireless communications systems depend on the concept of resource re-use to achieve their great capacities. With some technologies, the individual channel frequencies are reused every few cells, but not too closely, since interference would result. In other systems, power from one base station interferes with the users on another, impacting network capacity. Therefore, it is undesirable for the wireless phones to communicate with more than a few base stations simultaneously. New Cingular Wireless PCS,LLC. 1 ��� Site/Facility:LI-1025 1040-B Horton's Lane Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 2 New York Antenna New Structure Cellular, PCS and EMSR wireless providers attain service coverage through ground equipment base stations and antennas mounted on towers or other elevated structures and buildings. The height and location of the elevated antenna platform is critical to two aspects of radio frequency(RF) engineering. The first of these is wireless network coverage. Generally, the higher the antenna is mounted on the support structure, the more distance the wireless signal penetrates a defined geographic area. However, the ground equipment at the base station has capacity limitations. In areas where wireless subscribers are intense and airtime minutes are high, caller volume will exceed the designed network capacity, resulting in busy signals or"no service"messages. To help remedy this situation,the antenna heights are mounted at lower elevations than would be necessary for coverage. In the wireless system evolution, a provider will initially provide service with a few coverage base stations with relatively tall antenna elevations to maximize the "footprint" for minimal cost. As subscriber totals grow, and network capacity for that base station is maximized, antennas must be lowered and the areas in between the former "tall" base stations fill in with lower-antenna"coverage" base stations. Such a stipulation is not difficult to achieve in a new system. In most communities and in all rural areas, wireless providers seek to maximize height in new systems in order to provide continuous coverage at the least expense to the provider. However, in urban-to-suburban areas, as demand increases,the base stations become less capable of meeting network objectives. Thus, wireless providers seek to deploy antennas mounted at lower elevations. An important part of any wireless communication facility application is the verification of the provider's proposed height requirements with generally accepted engineering. Third party representatives will help the community justify this by use of the Applicant's Search Ring; see figure 4, and the Applicant's existing and proposed signal propagation maps. AT&T utilizes Cellular spectrum for their LTE service so the frequency band is 700 MHz spectrum. For propagation projections applied the typically used "Okumura-Hata" path loss formula:A = 69.55 + 26.16 log F-13.82 log H+ (44.9—6.55 log H) log D + C, Where: A=path loss in dB; F=frequency in MHz, H=tower height in meters, D=distance in km, and C=a correction figure(-10 dB used for suburban areas). Okumura-Hata can now be solved to confirm the proposed tower height, for an estimated system gain of 130 dB: 130.0 = 69.55 + 26.16 log (850) — 13.82 log H+ (44.9—6.55 log H) log 2.7— 10,H =71.63 in (>100-ft.). Therefore an elevation of less than 100 feet would work. r. New Cingular Wireless PCS LLC. Site/Facility:LI-1025 r ��' 1 �.1 �� �� _ T 1040-B Horton's Lane Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 3 . New York Antenna New Structure AT&T will also be using PSC spectrum for their GSM(1,900MHz voice/text)and UMTS (2,100MHz advanced wireless service) from the same location. In order to estimate required height, I applied the typically used "COST-231-Hata" path loss formula. A statement of that formula is:,4 = 46.3 + 33.9 log F—13.82 log H+ (44.9-655 log H) log D + C, Where: A=path loss in dB; F=frequency in MHz, H=tower height in meters, D=distance in km, and C=a correction figure(-17 dB used for built-up areas). COST-231 can now be solved to confirm the proposed tower height, for an estimated GSM system gain of 135.0 dB: • 135.0 =46.3 +33.9 log(1900)— 13.82 log H+(44.9—6.55 log H) * log 2.6—0, H =28.6 in (>94 ft.) These figures were derived without correction for specific clutter conditions, but given the level of accuracy available from prediction methods, the mounting location proposed by the Applicant is justified. These figures were derived without correction for terrain and clutter conditions. Given the level of accuracy available from prediction methods, the less than 100-ft. mounting location proposed by AT&T is technically supportable. Handoff zone,: Search area y1 a Cell Cell 2' Sample 1:Search Area Determination In Sample 1,the hexagonal search areas radius is one-quarter of the radius of the cells coverage less a 20 percent handoff overlap. Both the Cost 321 and Okumura-Hata computations are sufficient for search area determination. New Cin ular Wireless PCS,LLC. Site/Facility:LI-1025 [ 21! �'n is, 1040-B Horton's Lane ON Southold,New York Consultants, Inc.. March 7,2014 Telecommunications Site Review Page 4 New York Antenna New Structure Cellular search areas are usually circles of approximately one-quarter the radius of the proposed cell. In practice it is fairly simple to determine whether the search area radius is reasonable. The distance from the closest existing site is determined, halved, and a handoff "overlap" of about 20 percent is added. One fourth of this distance is the search area radius. Sample 1 illustrates this graphically. A reasonable search area location is a key element in assuring that a site is justified. Generally, new wireless communication facilities are equally spaced with respect to existing sites. However, terrain, network capacity and other issues may necessitate a facility that it is not equally spaced with respect to existing sites. Typically the wireless provider is asked to provide a frequency grid or coverage predictions to indicate that a site is properly located. Specifically,the undersigned has evaluated AT&T's proposal from the following perspectives: That, 1. The proposed antenna additions are required due to technological reasons and is essential for the Applicant to provide its telecommunications service, and 2. The proposed new site is a reasonable and the Applicant has followed the guidelines of the Telecommunications Act of 1996, the Tax Relief and Job Creation Act of 2012, the State of New York and the Town of Southold Ordinance. We find the submitted Application was sufficiently complete for this process, but will require some additional information before completion. All designs and plans for the proposed new facilities were developed according to accepted practices of RF propagation engineering and the persons completing all work are sufficiently qualified within their disciplines. AT&T has determined, and CityScape confirms the support structure height of 75 feet is sufficient to return satisfactory service for existing and future AT&T Wireless subscribers, and to comply with Federal guidelines for Cellular deployment. Figure 5 represents the existing service for AT&T. AT&T selects the color blue to indicate its optimum signal service area so it is clearly shown a need for the addition of a new support structure. CityScape anticipates this plan, if built as designed, should be sufficient to allow an improvement of service to AT&T customers within this area into the near future and justifies the proposed addition on the new antennas. Figure 6 indicates the Applicant's predicted new service including the proposed new site, and therefore further justifies the needed improvements. New Cingular Wireless PCS,LLC. Site/Facility:LI-1025 1040-B Horton's Lane Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 5 New York Antenna New Structure If there were another support structure of sufficient elevation and capacity that is more in compliance with the Town's Ordinance, CityScape would direct the Applicant to that location. There was nothing available that would suffice. AT&T's proposed antenna height of 75-feet is reasonable and necessary for the required service. Therefore this application does conform to the desires of the Town of Southold. The Applicant should supply a letter of compliance with all FCC standards regarding human exposure to Radio Frequency energy, and the Applicants will comply with all aspects of FCC rules regarding interference. Cityscape knows that this facility will operate in the 700- 800 megahertz spectrum and therefore can be an interference concern to Public Safety operations. The Applicant did not provide sufficient support. The application package included construction drawings that contained errors requiring certain assumptions by the consultant. The stated facility location was Latitude 41 degrees 03' 10"N and 74 degrees 25' 64"S; that is a non-existing locations being there are only 60 seconds in a minute. When plotting the location as best with these instructions the site was several miles away, see figure 7. CityScape representatives has determined all necessary requirements can be accommodated within the property limits, see figure 7. The site has been designed and constructed by professionals with expertise in telecommunications site design. The facility clearly was designed with necessary experience and expertise in the science of maximizing the use of telecommunications facilities. CityScape hereby confirms this Applicant (AT&T) has met the necessary provisions of federal and state oversight and the Town of Southold Ordinance. CityScape Consultants, Inc. as Telecommunications Consultant for the Town recommends this Application for AT&T Wireless be advance to the next level with the condition: • The Applicant shall provide compliance statements with all FCC rules regarding interference to other radio facilities and human exposure to radio frequency energy. • All ports shall remained sealed to prevent access by birds and other wildlife Respectfully submitted, Richard L.Edwards FCC Licensed PCIA Certified CityScape Consultants,Inc. New Cingular Wireless PCS LLC. EE=Ems Site/Facility:LI-1025 �; �, � G 1040-B Horton's Lane dlow�•� Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 6 New York Antenna New Structure EXISTING,- FRAC, POLE M SE REu0YED AND ik�CM WITH NEW 72' GRAY'UNIPOL£ ON 3' HIGH CASS©NL MOVE GE�OUNO -LEVEL (75' W ALL HEIGHT) �, 30" DIA AT JOP 75' +/- ACI. R(fOP OF LIMPO IE) AT&T LTE _mtennas it —72' +/- AGL E{ (IZA1) CENTER) ATT I J�1ViTS/GSI�'I mate®naAGL 640 s CIrN'€ ) 1.0' RP COMPATIBLE CYLINDER FOR FVTURC COLOCATION 10' RF COMPATIBLE CYLINDER FOR FUTURE CQLOCA11014 I I t COAX CABLES RANTED }: UP INTERIOR 01F PROPOSED NIP011 SIGN (95PL AYING SAFE'R'.,*lFDRMA710N+- AFFIXED TQ BASE Ol UN POLE SFE DETAIL S/Z07 BRICK PL WTE'R AT BASE OF -EXISTING FLAG; 06U- (TQ BE RESTOR90 ASR I INSTAL AT10N OF PROPOSED UNIPOLE) I :J6" AT BASE 3' t/-- AGL PLANnR CAISSON . --(TOP OF .PRICK Figure 1. Tower Elevation New Cin ular Wireless PCS,LLC. �!"1 ��M■Mn®N■ Site/Facility:LI-1025 ► s-7' ,�;' �� !Ta'M 1040-B Horton's Lane Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 7 New York Antenna New Structure LEGEND LIGHT LINES DENOFE UJ STING =M T1 aNS r__.j TM HEAVY LINES DENOTE PA`05ED CDHDITININS �1 9 O 8uadineg E Building 0 390 ENR= PUNTER AT BASE OF POLE BE RESTORED AT BAS POLE AFTER INST TION. a OF PROpo= INIIPDLE) 6 AAT PANELREPLACE RM P MWA= E V U PD N T CONPARUMNIS I 803030 S.F. QLQUDDGNr 1 bF PROPOSED UtEPO1E 1 UNITS 703, 704 .77T AFib 712 •.' t SEE SHEET Ll 2 0 a I �r i �,���. G� COAX CABLES TREOM ERGROUNO WAC UNIT N 7HR01JCF70 UNIFOLE E WALL �4 UTLET � a I /�E Sloan Drain F ► I CTYPI _ 1 3 _ 1 Fence �C I Ralang Cote t I } I w ELECMC AND TELCO CO I TRENCHED UNDERGROUND. I TO EMVIIENT ROOM IN BUILDING E I 1.• I pa��^t uO I C 1 j P I W W I I CSC CABINET 1 I 750A Tronslormer N 1 DETAT I pn SI TE PLAN 0 50' 100• I - I PROPOSED LIE" AND DISCONNECT EXTERM I j COORHED'VM Lim SITE # L 11025 ExtsUng Meter and OLnuneects Figure 2. Ground Compound New Cingular Wireless PCS,LLC. _ Site/Facility:LI-1025 1040-B Horton's Lane Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 8 New York Antenna New Structure Delorme Street Atlas USA®2009 Oa �E �L F wi�n.tluW b �y 39 SoutraM 9L � S F (y OF Y Q ru-ItRs ,F a QEF a 9L F yl�Q� 9i� lEP Q y t 35 i ___ _ ryy ]ASMINE LN O O Data use subject to bcertse. ®DeLorme.DeLomre Street Atlas USA®2009. 11 0 180 360 540 720 900 delo^w-can MN 13 9' Data Zoom 1" Figure 3. Site Location New Cingular Wireless PCS,LLC. rm%npmmmwlqwmmmmmmmmm I awd-r 719_ r-T;ter_T_N Site/Facility:LI-1025 ► W'7 a u S�•t- 1 i0!.t 1 9� d 1040-B Horton's Lane andrf le 'at�bodwrl ws;a Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 9 New York Antenna New Structure mok-Rd �r Hashamomuck'Pond �a Creek Mill Creek L�1s \ Ipes C s Pond \. RoclW Pon i.l r own Crebk Island Sound 1 e - South ( � _ m Creek Rict6ond Creek 1 eLn T,y T each Creek 5�-Mlle e Figure 4. Search Ring New Cin lar Wireless PCS LLC. r"N1timmrlqummmmmmmmm Site/Facility:LI-1025 1 w7 11 ft, 1n 7 t-lb W�0 1 1 m 1040-B Horton's Lane aNd~ 'MINNOWdrl r Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 10 New York Antenna New Structure •�• Ce A vsk� G. Z 41 P1 Rocky ♦ 89 '24 N g . • lip" ' ` 4 0 1 2 _ a miles r ,rb Existing On Air Sites 4 - ► '75dBmCoverage Proposed Site -85dBm Coverage -95dBm Coverage HWY City/Town Borders Figure 5. Existing AT&T Service (Grey indicates target) / N New Lingular Wireless PCS,LLC. r ■r-f T 7-1 ...-r_T_7r_■■i"�■�■■■■ -■ Site/Facility:LI-1025 ► W-1 If 4.v r' I MOT%o 1040-B Horton's Lane Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 11 New York Antenna New Structure c _ +Ikn - Rd Rncicy _ s Fut Ll 11' lee HtiAd 2 miles r S ix Existing on Air Sites -75dBm Coverage Proposed Site -85dBrnCoverage -95dBm Coverage HWY City/Town Borders Figure 6. Predicted New AT&T Service • i i 1 - 1� 1 C • • � 1 S ` y Avg * Site �, � � � � �=�' .. , � �ern• •C� pelf 1. _. ,J" `S;'�;1L�. ' j. • axe ` l° y M�ab A ai t l w Southold Ik nen- . = - Ms r 1410 t lmpo,S's 1blc C oordinatc a } c �•t� � . .,. _Pin.-Ncck Etci T s ou 'th St- d/ •,+ mfr ;;�ssCnixl � ,.-_ i ,j• _ � �j� �• C _. r /C f' New �Cin ular Wireless PCS LLC. g Site/Facility:LI-1025 1 W-1 11 S.V At-% 1 1PT o I V 1 -a 1040-B Horton's Lane ' `mid Southold,New York Consultants, Inc. March 7,2014 Telecommunications Site Review Page 13 New York Antenna New Structure x Exhibit A. Location �1 MAILING ADDRESS: PLANNING BOARD MEMBERS OF S0 p P.O.Box 1179 DONALD J.WILCENSIU O�`` '7�l Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH IIIA �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORCOU '� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 2014 Mr. Richard L. Edwards d/b/a Cityscape Consultants, Inc. 7050 Palmetto Park Road Boca Raton, FL 33433 Re: Consulting Services re: New Cingular Wireless/AT&T @ Hortons Lane Located at 1040-B Hortons Lane, Southold SCTM#1000-63.-1=10 Zoning District: Light Industrial- LI Dear Mr. Edwards: The Planning Board has authorized your scope of services in connection with the above. This letter will authorize you to proceed with the consulting work as outlined in the Agreement. Enclosed is the approved Purchase Order with amount not to be exceeded. Any work beyond this amount must be authorized in writing prior to being started. Also enclosed for your convenience is a Voucher Form for your use with each invoice submitted to this department. Following are directions to review AT&T/New Cingular Wireless at Hortons Lane on our website: 1000-63.-1-10, New Cingular Wireless at Hortons Lane 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Weblink located on bottom left of home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications" then "Site Plans" then "Pending;" 5. Click on the SCTM# (tax map #) of the application (found above). f Mr. Richard L. Edwards February 26, 2014 Page Two If you have any questions regarding the above, please contact me directly at 631 765-1938 between 8:00 a.m. and 4:00 p.m. Sincerely, Brian Cummings Planner Encs. elw . �:_._�`7®■-,ice^,_ ■__ ,■■__■__ �1-1_��-�r,� T ffL l 7i 11 W.T t-lb 1 wll-i, 1 Consultants, Inc. 7050 West Palmetto Park Road#15-652 Boca Raton,Florida 33433 Tel:877.438-2851 Fax:877.220-4593 LETTER OF AGREEMENT February 21, 2014 Heather Lanza, AICP, Planning Director I�'�1== FEB 2 7 2014 d� � Town of Southold �i�C:'•'�ifJ r��'"i'fd 53095 Route 25 Southold,NY 11971 Southold,New York 11971 Re: Agreement between Town of Southold,New York(Town) and CityScape Consultants, Inc. (Consultant), dated March 5,2013 (Agreement) Dear Ms. Lanza, CityScape agrees to provide a review and analysis of a tower(reactivated submittal) application to the Town by AT&T/New Cingular for proposed new tower construction located at 1040-B Hortons Lane, SCTM#1000-63.-1-10 (Application). Review services for the Application will be performed at an agreed upon rate of five thousand dollars ($5,000.00), to include, if required in advance by the Town, attendance at up to two (2) public related meetings or hearings (i.e., public meeting, inspections, or planning board). There will be no additional costs or fees associated with the review of this Application. Consultant will provide the services as outlined in Exhibit A, Scope of Services, of the Agreement referenced above. Sincerely, a Kay Miles MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J.WILCENSIG so jSouthold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III yO� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORSouthold, NY lyC4UNTV Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 19, 2014 John Coughlin, Esq. c/o Re, Nielsen, Huber & Coughlin, LLP 36 North New York Avenue Huntington, NY 11743 Re: Proposed Site Plan: New Cingular Wireless PCS, LLC (AT&T) @ Horton's Lane . Located at 1040-B Horton's Lane, Southold SCTM#1000-63-1-10 Dear Mr: Coughlin: The Planning Department is in receipt of your letter dated February 14, 2014 with regard to the proposed monopole and wireless communications facility on Horton's Lane, Southold. The application has been reactivated as per your request. We are working with our Technical Consultant, Cityscape, Inc., to determine whether this application is complete. To facilitate this review, please provide a complete electronic duplicate of all documents required by Town Code, including Site Plan Application, SEAR and other forms, to Cityscape (Attn: Rick Edwards). If you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Brian A. Cummings Planner cc: Rick Edwards, Cityscape (via e-mail) RIP,NIIEUSEN,HUBER & GO UGHLIN,LLP ATTORNEYS AT LAW 30 NORTn NEW YORK AvFr;um. HUNTINGTorf, NEE YORK 11743 TELEPTIONE: (631) 425-4100 FAc,srxn.n: (631) 425-4104 OF COUN%UL WiLmAm J. NmMSEN February 14,2014 F ;F� 16 BY FIRST CLASS MAIL&E-MAIL FEB 1 2014 1,_H9 Town of Southold Planning Board Town Annex Building 54375 Main Road Southold,NY 11971 Attn.: Heather Lariza, Planning Director RE: New Cingular Wireless PCS,LLC('AT&T') Site Plan Application and Special Exception Permit Application for Proposed Public Utility Wireless Tele-.ommunications Facility Premises: 1040-B Horton's Lane.-Southold,New York SCTM4: 1000—63— 1 — 10 ............. Dear Ms. Lanza: As you know,we are the attorneys for AT&T with respect to the captioned applications.As was stated at the February 11, 2014 Town Board meeting, the Town is no longer interested in allowing AT&T to erect a wireless facility on the Town-owned property behind Town Hall, we write to respectfully request that the Planning Board resume review of AT&T's applications for a facility at the premises. Specifically,we request that a work session be scheduled with the Planning Board on the next available meeting date. As you are aware, the Telecommunications Act of 1996, as interpreted by the Federal Communications Commission (hereinafter"FCC") in its Declaratory Ruling 09-99 and Order On Reconsideration 10-144, requires applications such as AT&T's to be processed within certain timeframes. By Declaratory Ruling 09-99,the FCC determined that a failure on the part ofa municipality to render a decision with respect to an application, such as the proposed, within 150 days presumptively constitutes a failure to act under 47 U.S.C. §332(C)(7)(13)(v). For purposes of the Declaratory Ruling's applicability to the subject applications,we submit that AT&T's applications should be deemed complete as of February 12, 2014 (the date after the Town Board's meeting),and therefore the Planning Board must complete its review by June 12,2014. Should you have any questions with regard to the foregoing, please do not hesitate to contact me. Thanking you for your courtesies,we remain Very truly yours, RE,NIELSEN, HUBER&COUGHLIN,LLP By: . ..... Co RE NIELSEN HUBER & COUGHLIN LLP , , ATTORNEYS AT LAW 36 NORTH NEW YORK AVENUE HUNTINGTON, NEW YORK 11743 TELEPHONE: (631) 425-4100 FACSIMILE: (631) 425-4104 OF COUNSEL WILLIAM J. NIELSEN August 20, 2013 VIA FIRST CLASS MAIL ','a Chairman Donald Wilcenski AUG 2 $ 20130. and Members of the Planning Board -_ 5437.5 Main Road S9 P.O. Box 1179 Southold,New York 11971 RE: Visual Study Crane Test for Proposed Public Utility Wireless Telecommunications Facility of New Cingular Wireless PCS,LLC Premises: Town of Southold Property South side of Traveler Street, approximately 157 feet east of Horton Lane Southold,New York SCTM#: 1000-61.00-01.00-002.002 Dear Chairman Wilcenski and Members of the`Planning Board: We the attorneys for New Cingular Wireless PCS, LLC ("AT&T") in connection with the captioned matter. AT&T intends to file an application seeking municipal approval for the installation of a public utility wireless telecommunications facility at the above-captioned premises. Transmitted herewith is the legal notice concerning the visual study crane test for the proposed public utility wireless telecommunications facility. Said notice shall be published in the August 29, 2013 edition of the Suffolk Times, which we understand is the Town of Southold's official newspaper for legal notices. Should you have any questions with regard to the foregoing,please do not hesitate to contact us. Very,truly yours, RE,NIELSEN, HUBER& COUGHLIN, LLP By: Janine Trino Enclosure LEGAL NOTICE ON SEPTEMBER 11, 2013, A VISUAL STUDY WILL BE PERFORMED AT THE PREMISES LOCATED ON THE SOUTH SIDE OF TRAVELER STREET, APPROXIMATELY 157 FEET EAST OF HORTON LANE, SOUTHOLD, NEW YORK, BEGINNING AT APPROXIMATELY 8:OOAM IN CONNECTION WITH AN APPLICATION BY NEW CINGULAR WIRELESS PCS, LLC ("AT&T"), SEEKING MUNICIPAL APPROVAL FROM THE TOWN OF SOUTHOLD FOR THE INSTALLATION OF A PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY. AS PART OF THE VISUAL STUDY, A CRANE WILL BE PLACED AT THE PREMISES TO AID IN ASSESSING THE VISUAL IMPACT OF THE PROPOSED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY. IN CASE OF INCLEMENT WEATHER ON SEPTEMBER 11, 2013, THE STUDY WILL INSTEAD BE PERFORMED ON SEPTEMBER 12, 2013, BEGINNING AT APPROXIMATELY 8:OOAM. IN CASE OF INCLEMENT WEATHER ON SEPTEMBER 12, 2013, THE STUDY WILL INSTEAD BE PERFORMED ON SEPTEMBER 17, 2013, BEGINNING AT APPROXIMATELY 8:OOAM. MAILING ADDRESS: PLANNING BOARD MEMBERSP.O.Box 1179 DONALD J.WILCENSHI �o��OF SOUryQIO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR Q�y4ou�m, Southold, NY Telephone: 631 765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 11, 2012 Mr. Patrick O'Rourke, AT&T 5550 Merrick Road, Suite 302 Massapequa, NY 11758 Dear Mr. O'Rourke: In our last correspondence, dated May 27,.2011, we indicated that Southold Town was interested in your proposal for a wireless facility on the land next to the Southold Town Hall. At that time, we requested evidence that the Town Code requirement that new wireless facilities be located within existing 'structures where available was fully explored and that none were found. Assuming that evidence can be provided, the Southold Town Board wishes to reiterate its interest in locating the proposed wireless facility at the Town Hall location. Please send an up-dated lease proposal to our Town Attorney, Martin Finnegan, at your earliest convenience. Very truly yours, Heather Lanza, AICP Planning Director cc: Martin Finnegan, Esq., Town Attorney Planning Board John Coughlin, Esq. CENTER FOR MUNICIPAL SOLUTIONS 70 CAMBRIDGE ROAD 518-439-3079 GLENMONT,NEW YORK 12077 FAX:518-478-0909 May 26,2011 Mr.John J. Coughlin Re,Nielsen,Huber&Coughlin,LLP JUN 3 2011 26 North New York Avenue Huntington,New York 11743 Re: Southold NY--New Cingular Wireless 1040-B Horton's Lane Southold Dear Mr. Coughlin; The Town advised us last October that the applicant was looking at other possible co-location opportunities in the town and advised us that sending out our review of your application material at that time was not necessary. We have since been notified that New Cingular/AT&T has requested notification of the Town's interest of a tower at the Southold Town Hall. The Town asked us to complete our review and thus this letter to you. We have reviewed the above referenced application. For reasons we set forth below,we find that the application is incomplete in I accordance with Chapter 280 of the Town Code of the Town of Southold. 1) §280-74(D)(1)This section prioritizes the Town's preference for siting of wireless facilities.The applicant has chosen priority(d). It needs to provide a detailed explanation of why priorities a thru c were not selected. Applicant has provided an Affidavit, sworn to by Vitoria Brennan on May 26,2010. It mentions that she contacted the Southold Fire District and that they were not interested and that she received written confirmation. That written confirmation needs to included in the application. We are aware of a proposal to locate this facility on a"Town Parcel"that is being reviewed concurrently at your request. 2) §280-74(B)(1)(d) &(e)requires propagation maps for existing surrounding and/or approve sites, coverage from all alternatives sites considered and coverage from proposed sites and a gap map prepared and signed by a qualified radio frequency engineer and overlaid on an existing coverage. The propagation maps provided are incomplete as follows: There is no annotation in Mr. Karim's affidavit or on the propagation maps as to whether or not 'the maps are 850 MHz coverage or 1400 MHz coverage. (The RF Exposure shows both sets of Frequencies)We require maps that are 850 MHz coverage. Mr. Karim, in his affidavit dated January 21, 2010,provided signal strengths that he claims are required by'New Cingular for in-building, in-vehicle and on street reliable service. We disagree with his signal strengths. (See attached Propagation Study Requirements and Propagation Data Study sheet . The area of coverage surrounding the proposed site is comprised of buildings three stories high or less. They are mostly residential homes, or some small commercial buildings,for which we believe that-85dBm will provide reliable in building coverage(With-95dBm providing reliable in-vehicle coverage). If New Cingular Wireless believes that they require stronger signal level they need to provide detailed proof as to why such signal strength is required. We require new propagation maps utilizing the ERP as calculated on the Propagation data sheet done at-85dBm and-95dBm. We also require the most recent drive test of the Town showing the signal strength in order to validate the propagation maps and a narrative of how the drive test has been utilized to validate the propagation maps. 3) §280-72 (A)(5)Requires"Wireless communication facilities shall be designed to provide for co- location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible." The applicant provided an Affidavit sworn to by Joseph Sweet on April 16,2010, stating that the proposed stealth unipole will be capable of accommodating collocation of additional antennas for future users,yet it fails to mention the quantity of users. 4) The proposed landscaping as is required per§280-72(A)(9)is missing from the application. 5) §280-74(B)(1)(b)requires written documentation as to the facility's structural compliance with applicable laws. To this end,the applicant provided a letter from Malick& Scherer,P.C., dated January 26, 2010,stating that the unipole and foundation will meet all applicable codes and requirements including, but not limited to,the Building Code of New York State,TIA/EIA-222-F and TIA/EAI-222-G("Malick Letter"). It should be noted that the Applicant needs to provide soil, foundation and structural calculations for the unipole structure to ensure structural compliance. In addition the Malick Letter states that the accompanying equipment will be set on the existing concrete slab, and such concrete slab has adequate structural capacity to support the equipment as proposed, however,Applicant does not submit any calculations to support such statement. We require that Applicant submit documentation in support that the concrete slab has adequate structural capacity to support the equipment as proposed. The applicant can request that such information be provided after the issuance of the Special Use Permit, if granted,prior to the issuance of the Building Permit. Until you provide the required information as noted above,we are unable to make our recommendation to the Town that the application is complete. We strongly recommend a conference call with you to go over the comments in this letter, specifically to review what we believe is necessary to complete the application. We invite you to include the individuals that are preparing the technical information propagation maps, drive test, data sheet,tower drawings and calculations to be included in the call.This will help insure the completeness of your next submittal. Please contact me at 518 439-3079 to establish the date and time for the call. Sincere ts-��. Ric art Co i CMS cc: Town Planning Board(via regular mail) Heather Lanza(via email) Brian Cummings (via email) Drew Overton(via email) Propagation Study Requirements Propagation studies are required with the application to prove the need for any new tower site,or co-location on any existing structure where there is an increase in the height of the structure or any modification where there is an increase in the height of the antenna(s)on the structure. . (If service at the site is proposed for the cellular frequency band(800—900 MHz),even if the site will also utilize other frequencies,the studies need to be done at the cellular frequency band.) For a new tower or where there would be an increase the height of the existing tower or other structure,propagation studies are required are;one at the proposed height and others at 10' lower increments until there is a significant difference in the coverage.(Along with the lower propagation study should be a narrative that describes why the lower height is not sufficient)If the'application is for co-locating on an existing tower or other structure without increasing the height of the existing tower or structure,then propagation studies are only required at the height proposed by the applicant. Legend:Propagation studies are to include a legend on each sheet showing the following at a minimum: 1)a scale of miles or distance of no smaller than 1"to 1/2 mile;and 2)color coded of signal strength designations at-101dBm for"on-street"service,-95 dBm for"in-vehicle"service and-85 dBm for"in-building"service(except in urban areas where it can be demonstrated that there are several four story or larger buildings in the proposed coverage area). It is preferable that Propagation studies be provided on clear acetate sheets so that they may be overlaid and more easily read individually or in conjunction with each other,as may be necessary for proper analysis. A base map of the community on which to overlay the propagation study is needed that must show and identify the major roads in the intended service area.For any proposed site located less than 2 miles from a community's boundary,the boundary must be shown on the map. The base map must be the same scale as the overlay propagation maps. Note: Only signal strengths of-101dBm for"on-street"service,—95 dBm for In-Vehicle service and—85 dBm for In-Building service will be considered in the context of the need for the facility and the need for the requested height,unless the facility is intended to serve an urban market.This is based on the accepted losses inherent with each:situation and the ability of the hand unit to function normally at—106 dBm. Note: The Applicant must state whether the proposed facility design ism in-vehicle coverage -95 dBm or in- building coverage -85 dBm). If an applicant believes it needs different signal strength levels,such must be justified in sufficient detail to allow verification of the technological need,such as a statement or explanation by the phone manufacturer or the carrier that greater signal strengths are needed and why lesser signal strengths will not permit the handset to function as designed or certain services to be provided in a functional context.Note that the local regulatory body is not required to grant an applicant's "best case"or most desired situation, but rather what will enable the handset to function as designed and the service to be reliable. Note:Propagation studies must be accompanied by all modeling information used to produce them(using the provided"Data Sheet for Propagation Study"form),including,but not limited to the ERP(Effective Radiated Power)from the site/facility that is the subject of the application and all adjacent sites/facilities and the cut sheets from all equipment showin the operating characteristics, such as,for purposes of example: ❑ The power of the radios stated in watts ❑ The gains and losses from each component of all equipment Propagation Study ME feet for Proposed Facility Applicant: Name/title person completing form: Proposed Site Name: Site Address: Instructions:Complete this form,attach radio and antenna spec sheets and include with the RF Propagation Study. All nearby sites(adjacent) providing coverage in and near the proposed site are to be included in the study. Use an additional form if more than 3 sites Line No. ITEM UNIT Proposed site Adjacent site#1 Adjacent site#2 Adjacent site#3 Data Data Data Data GENERAL INFO: #1 Site Name #2 Site Address #3 Tower or structure height feet #4 Antenna mounting height agl feet #5 Network Technology #6 Operating Frequency MgHz #7 Base Station Manufacturer #8 Base Station Model# #9 Radio Max Power Watts #10 Is pilot channel used for propagation(yes or no) #11 If yes,pilot channel power Watts (min.20%of power) #12 Convert Power to dBm dBm #13 Losses: #14 Is there a combiner #15 If yes make and model #16 If yes,combiner loss dB #17 Cable losses: #18 Cable diameter In. #19 Cable Igth.From antenna to Ft equipment #20 Cable loss per 100 ft. dB #21 Calculated loss dB #22 Connectors #23 Number of connectors #24 Loss per connector dB #25 Calculated Loss dB #26 Jumpers: #27 Number of jumpers #28 Loss per jumper dB #29 Calculated loss dB #30 Total calculated loss: dB #31 Gains: #32 Is there an in line amplifier #33 If yes,gain dB #34 Antenna Mftg. #35 Antenna Model# #36 Antenna gain dB #37 Total gain: dB #38 Result: #39 Transmission Power dBm #40 ERP Watts To Calculate ERP(Line#40)of an Antenna: Step#1: Insert the radio power in Watts in line 9 and pilot power, if applicable in Line 11. Step#2: Convert the radio power or pilot power, as applicable, into dBm units. Insert the result into Line #12 Step#3:Add all dB losses: Line#16+Line#21+Line#25+Line#29; Insert the result into Line#30 Step#4:Add all dB gains: Line#33+ Line#36; Insert the result into Line#37 Step$5:Add Line#37 to Line#12. Subtract from the result, Line#30. Insert the result into Line#39. MAILING ADDRESS: PLANNING BOARD MEMBERS *OF SUUTP.O.Box 1179 MARTIN H.SIDOR. ,`O l0 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N tc Town Hall Annex KENNETH L.EDWARDS • aQ 54375 State Route 25 JAMES H.RICH III Ol� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI COUNT`I,� Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD . Via E-Mail & U.S. Mail May 27, 2011 Mr. Patrick O'Rourke, AT&T 5550 Merrick Road, Suite 302 Massapequa, NY 11758 Dear Mr. O'Rourke: The Town remains interested in your proposal, however, prior to being able to discuss locating the new wireless facility at the Town Hall location, you will have to demonstrate the justification of the height and proof of need, as well as satisfy the priority location section of the Town Code for new wireless facilities. The application to site a new wireless facility at the self storage center on Horton Lane in Southold currently before the Planning Board is part of this process. To determine if that will be allowed, you must first demonstrate the need for a facility in this.area and that. there are no existing structures that meet your needs for location and height and have a landowner willing to lease space to you for this use. We need this documentation in writing. Once you have demonstrated that you are eligible to locate a wireless facility on a new structure in this area, then we can proceed to the next step of determining whether there is available Town-owned property that is suitable for your proposed new wireless facility. Please see our consultant's letter, attached, that provides more guidance in where your current application remains deficient in addressing these issues. Very truly yours, Heather Lanza Planning Director Encl. CC" Martin Finnegan, Esq., Town Attorney Planning Board John Coughlin, Esq. CENTER FOR MUNICIPAL SOLUTIONS 70 CAMBRIDGE ROAD 518439-3079 GLENMONT,NEW YORK 12077 FAX:518-478-0909 May 26,2011 (via email and regular mail) Mr.John J.Coughlin Re,Nielsen,Huber&Coughlin,LLP 26 North New York Avenue Huntington,New York 11743 Re: Southold NY--New Cingular Wireless 1040-B Horton's Lane Southold Dear Mr. Coughlin; The Town advised us last October that the applicant was looking at other possible co-location opportunities in the town and advised us that sending out our review of your application material at that time was not necessary. We have since been notified that New Cingular/AT&T has requested notification of the Town's interest of a tower at the Southold Town Hall. The Town asked us to complete our review and thus this letter to you. We have reviewed the above referenced application. For reasons we set forth below,we find that the application is incomplete in accordance with Chapter 280 of the Town Code of the Town of Southold. 1) §280-74(D)(1)This section prioritizes the Town's preference for siting of wireless facilities. The applicant has chosen priority(d). It needs to provide a detailed explanation of why priorities a thru c were not.selected.Applicant has provided an Affidavit,,sworn to by Vitoria Brennan on May 26,2010. It mentions that she contacted the Southold Fire District and that they were not interested and that she received written confirmation.That written confirmation needs to included in the application. We are aware of a proposal to locate this facility on a"Town Parcel"that is being reviewed concurrently at your request. 2) §280-74(B)(1)(d)&(e)requires propagation maps for existing surrounding and/or approve sites, coverage from all alternatives sites considered and coverage from proposed sites and a gap map prepared and signed by a qualified radio frequency engineer and overlaid on an existing coverage. The propagation maps provided are incomplete as follows: There is no annotation in Mr.Karim's affidavit or on the propagation maps as to whether or not the maps are 850 MHz coverage or 1900 MHz coverage. (The RF Exposure shows both sets of Frequencies)We require maps that are 850 MHz coverage. Mr.Karim, in his affidavit dated January 21,2010,provided signal strengths that he claims are required by New Cingular for in-building, in-vehicle and on street reliable service. We disagree with his signal strengths.(See attached Propagation Study Requirements and Propagation Data Study sheet). The area of coverage surrounding the proposed site is comprised of buildings three stories high or less. They are mostly residential homes,or some small commercial buildings, for which we believe that-85dBm will provide reliable in building coverage(With-95dBm providing reliable in=vehicle coverage). If New Cingular Wireless believes that they require stronger signal level they need to provide detailed proof as to why such signal strength is required. We require new propagation maps utilizing the ERP as calculated on the Propagation data sheet done at-85dBm and-95dBm. We also require the most recent drive test of the Town showing the signal strength in order to validate the propagation maps and a narrative of how the drive test has been utilized to validate the propagation maps. 3) §280-72(A)(5)Requires"Wireless communication facilities shall be designed to provide for co- location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers,wherever possible." The applicant provided_an Affidavit sworn to by Joseph Sweet on April 16,2010,stating that the proposed stealth unipole will be capable of accommodating collocation of additional antennas for future users,yet it fails to mention the quantity of users. 4) The proposed landscaping as is required per§280-72(A)(9)is missing from the application. 5) §280-74(B)(1)(b)requires written documentation as to the facility's structural compliance with applicable laws. To this end,the applicant provided a letter from Malick& Scherer,P.C.,dated January 26,2010,stating that the unipole and foundation will meet all applicable codes and requirements including,but not limited to,the Building Code of New York State,TIA/EIA-222-F and TIA/EAI-222-G("Malick Letter"). It should be noted that the Applicant needs to provide soil,foundation and structural calculations for the unipole structure to ensure structural compliance. In addition the Malick Letter states that the accompanying equipment will be set on the existing concrete slab, and such concrete slab has adequate structural capacity to support the equipment as proposed,however,Applicant does not submit any calculations to support such statement. We require that Applicant submit documentation in support that the concrete slab has adequate structural capacity to support the equipment as proposed.The applicant can request that such information be provided after the issuance of the Special Use Permit, if granted,prior to the issuance of the Building Permit. Until you provide the required information as noted above,we are unable to make our recommendation to the Town that the application is complete. We strongly recommend a conference call with you to go over the comments in this letter,specifically to review what we believe is necessary to complete.the application. We invite you to include the individuals that are preparing the technical information propagation maps,drive test,data sheet,tower drawings and calculations to be included in the call.This will help insure the completeness of your next submittal. Please contact me at 518 439-3079 to establish the date and time for the call. Sincerely, R- J� (electronic signature) Richard A. Comi CMS cc: Town Planning Board(via email and regular mail) Heather Lanza(via email) Brian Cummings(via email) Drew Overton(via email) Propagation Study Requirements Propagation studies are required with the application to prove the need for any new tower site,or co-location on any existing structure where there is an increase in the height of the structure or any modification where there is an increase in the height of the antenna(s)on the structure. .(If service at the site is proposed for the cellular frequency band(800—900 MHz),even if the site will also utilize other frequencies,the studies need to be done at the cellular frequency band.) For a new tower or where there would be an increase the height of the existing tower or other structure,propagation studies are required are;one at the proposed height and others at 10' lower increments until there is a significant difference in the coverage.(Along with the lower propagation study should be a narrative that describes why the lower height is not sufficient)If the application is for co-locating on an existing tower or other structure without increasing the height of the existing tower or structure,then propagation studies are only required at the height proposed by the applicant. Legend:Propagation studies are to include a legend on each sheet showing the following at a minimum: 1)a scale of miles or distance of no smaller than 1"to 1/2 mile;and 2)color coded of signal strength designations at-101dBm for"on-street"service,-95 dBm for"in-vehicle"service and-85 dBm for"in-building"service(except in urban areas where it can be demonstrated that there are several four story or larger buildings in the proposed coverage area). It is preferable that Propagation studies be provided on clear acetate sheets so that they may be overlaid and more easily read individually or in conjunction with each other,as may be necessary for proper analysis. A base map of the community on which to overlay the propagation study is needed that must show and identify the major roads in the intended service area.For any proposed site located less than 2 miles from a community's boundary,the boundary must be shown on the map. The base map must be the same scale as the overlay propagation maps. Note: Only signal strengths of-101dBm for"on-street"service,—95 dBm In-Vehicle service and—85 dBm for In-Building service will be considered in the context of the need for the facility and the need for the requested height,unless the facility is intended to serve an urban market.This is based on the accepted losses inherent with each situation and the ability of the hand unit to function normally at—106 dBm. Note: The Applicant must state whether the proposed facgLtE design is or in-vehicle coverage f-95 dBmor in- building coverage(-850m). If an applicant believes it needs different signal strength levels,such must be justified in sufficient detail to allow verification of the technological need,such as a statement or explanation by the phone manufacturer or the carrier that greater signal strengths are needed and why lesser signal strengths will not permit the handset to function as designed or certain services to be provided in a functional context.Note that the local regulatory body is not required to grant an applicant's "best case"or most desired situation but rather what will enable the handset to function as designed and the service to be reliable. Note:Propagation studies must be accompanied by all modeling information used to produce them(using the provided"Data Sheet for Propagation Study"form),including,but not limited to the ERP(Effective Radiated Power)from the site/facility that is the subject of the application and all adjacent sites/facilities and the cut sheets from all equipment showing the operating characteristics,such as,for purposes of example: ❑ The power of the radios stated in watts ❑ The gains and losses from each component of all equipment Propagation Study Dai heet for Proposed Facility Applicant: Nameltitle person completing.form: Proposed Site Name: Site Address: Instructions:Complete this form,attach radio and antenna spec sheets and include with the RF Propagation Study. All nearby sites(adjacent) providing coverage in and near the proposed site are to be included in the study. Use an additional form if more than 3 sites Line No. ITEM UNIT Proposed site Adjacent site#1 Adjacent site#2 Adjacent site#3 Data Data Data Data GENERAL INFO: #1 Site Name #2 Site Address #3 Tower or structure height feet #4 Antenna mounting height agl feet #5 Network Technology #6 Operating Frequency MgHz #7 Base Station Manufacturer #8 Base Station Model# #9 Radio Max Power Watts #10 Is pilot channel used for propagation(yes or no) #11 If yes,pilot channel power Wafts (min.20%of power) #12 Convert Power to dBm dBm #13 Losses- #14 Is there a combiner #15 If yes make and model #16 If yes,combiner loss dB #17 Cable losses: #18 Cable diameter In. #19 Cable Igth.From antenna to Ft equipment #20 Cable loss per 100 ft. dB #21 Calculated loss dB #22 Connectors #23 Number of connectors #24 Loss per connector dB #25 Calculated Loss dB #26 Jumpers: #27 Number of jumpers #28 Loss per jumper dB #29 Calculated loss dB #30 Total calculated loss: dB #31 Gains: #32 Is there an in line amplifier #33 If yes,gain dB #34 Antenna Mftg. #35 Antenna Model# #36 Antenna gain dB #37 ITotal gain: dB #38 Result: #39 Transmission Power dBm #40 ERP Watts To Calculate ERP(Line#40)of an Antenna: Step#1: Insert the radio power in Watts in line 9 and pilot power,if applicable in Line 11. Step#2: Convert the radio power or pilot power,as applicable, into dBm units. Insert the result into Line #12 Step#3:Add all dB losses: Line#16+Line#21+Line#25+Line#29; Insert the result into Line#30 Step#4:Add all dB gains: Line#33+Line#36; Insert the result into Line#37 Step$5:Add Line#37 to Line#12. Subtract from the result,Line#30. Insert the result into Line#39. at& L 5550 Merrick Road, Suite 302 Massapequa,NY 11758 516-557-2398 office 516-557-2397 fax `J May 11 2011 Heather Lanza, Director of Planning +' Town.of Southold Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Ms. Lanza, On May 11, 2009,two years ago, we met�with you and reviewed AT&T's options to improve its coverage gap in the Town of Southold. You suggested that maybe the Town property located at the intersection of Travelers Street and Horton's Lane could be used to construct an 80'monopole. We supplied you and the Town with photo simulations of what the monopole would look like in August of 2009 and also sent you a proposal to lease space on the Town property for$1500 per month with 3% annual increases. At the time you said you would present it to the Town Board in a work session to determine whether the Town would be willing to lease the proposed property. The Town requested a duplicate copy of the proposal in January 2010. Since then, we have had no response from you or the Town. With no movement for the AT&T site in Southold, on 8-3-2010 I went to the Town of Southold Assessor's office and obtained a listing of all Town owned properties in Southold. As per the Town Wireless Code, Section 280-70D, I went through the priority list for potential wireless locations. From the 5 page list, I located all Town owned properties within the search ring and investigated each of them. Of the Town owned properties within our search ring, none met AT&T's height criteria, several were empty plots of land located in residential neighborhoods (3 100 Youngs Ave, 1170 Boisseau Ave., 2170 Wells Ave) I also investigated any structure over 20'. Most of these had pitched roofs that made them unfeasible for AT&T construction, (Feather Hill Shopping Center, 1560 Youngs Ave.) and the others were far below AT&T's desire 80' height(building at the intersection of Travelers Street& Youngs Ave. and 53345 Main Road) AT&T has exhausted all potential candidates within the search area of Southold. If the Town of Southold in not interested in leasing space to AT&T to erect a monopole at Travelers Street, Southold Town Hall ,we will pursue our previous application to build a 75' monopole at 1040-B Horton's Lane, Southold,NY 11971,U-Store-It. I.f AT&T does not hear bayck'fromyouu or._the Tov�n of Southold-by the e Mayr2�0�1 sue wil!1 Malssume y©u are no,intgotedJ , Thank you, k j OeA Patrick O'Rourke 516-557-2398 office 516-263-8817 cell 516-557-2397 fax connoror@optonline.net MAILING ADDRESS: PLANNING BOARD MEMBERS OF SOyOP.O.Box 1179 MARTIN H.SIDOR ti� �� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS cn Town Hall Annex KENNETH L.EDWARDS • a0� 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI CQU({�(,� Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via email: Dick@telecomsol.com May 13,2011 Mr.Richard A.Comi The Center for Municipal Solutions 70 Cambridge Drive Glenmont,NY 12077 Dear Mr. Comi: . RE: AT&T/New Cingular Wireless, Southold 49 3` to Please review the enclosed letter from AT&T regarding their application for a cell tower in downtown Southold. The Code requires them to first attempt to locate on an existing structure and,if none available, on Town land.Their letter states they have not found an adequate structure that is tall enough and shaped appropriately. I am not certain they have demonstrated their need for the 80' height. By way of this memo I am asking you to review the documents they have submitted to date and let us know if they have met the code requirements,including the requirements to prove the need for the facility and the height of the facility,as well as the location. I am copying the Town Attorney to assess the Town's interest in a leasing space for a tower at Town Hall once the applicant exhausts all other alternatives to siting priorities. Some lease terms are specified in the enclosed letter. Your timely response is appreciated,as we need to respond to them before the end of May. Sincerely, Q I I IA Heather Lanza,AICP \ ° Town Planning Director ,\�� ` � �d ,_,tom U C / cc: Planning Board Martin Finnegan,Town Attorney Enc. G �` w� aw cis 5550 Merrick Road Suite 302 Massapequa, NY 11758 516-557-2398 office 631-807-7836 cell August 19, 2 4 Heather.Lanza, Director of Planning Town of Southold Town Hall Annex Building ureal pIoLJino, —-- 54375 Route 25 P.O. Box 1179 � `{�� __._ Southold NY 11971 j OIOZ 0 Z env RE: Proposal to Lease Wireless Telecommunications Facilityat Town of Southold Property .:, S/s/o Traveler Street, approx. 300' e/o Hortons Lane Southold,New York District 1000, Section 61,Block 1, Lot 2.2 AT&T site LI-1025 Dear Heather Thank you for meeting with Larry Re and I several weeks ago in regard to leasing a portion of the Town.of Southold property at the above referenced address. Per our conversation you requested AT&T to send you a proposal with the details of our installation along with lease exhibits and photos that would generally depict a tower at this location. In summary, AT&T would like to construct an 80' unipole on the property. We can paint the pole any color at the discretion of the town. AT&T would install 6 antennas inside the pole. At the base of the pole AT&T would construct an aesthetically pleasing screened shelter that would house our equipment. As you can see from the photo simulations, this installation would fit in with the general character of the area in that you would not be able to discern that this was a telecommunications site. AT&T will be responsible for all of the costs of zoning, permitting, construction and utility consumption connected with its facility. For the right to install its facility at your property AT&T is willing to pay a rental fee of $1,500.00 per month'($18,000.00 per year) with annual escalations of three percent (3%), subject to the execution of a lease agreement by both parties. PREMISES: AT&T requires 800 square feet of space to install the unipole and the shelter. LEASE TERM: Initial term to be five (5) years, plus four (4) consecutive options to renew for five (5) years each, for a total of twenty'five'(25) years. T RENT: The monthly rent shall be one thousand five hundred dollars ($1,500.00). RENEWAL INCREASE: Rent shall be increased by three percent (3%) of the preceding years rent.. In addition, the.town can generate substantial revenue by leasing additional property to any collocators who desire to install antennas. inside the pole. AT&T would retain the right to lease tower space, but as a condition precedent we can request that the carrier lease ground space for their equipment from the town first. I am attaching a lease agreement for your review. Please feel free to call me with any questions that you may have in reviewing this proposal. If you decide you are interested in leasing your property to AT&T please contact me at 516-557-2398 as soon as possible. Thank you in advance for your time and consideration. Sincerely, V%cto- tw B re~u Victoria Brennan AT&T Site Acquisition Consultant vicky@brennanshore.com aw 5550 Merrick Road Suite 302 Massapequa,NY 11758 516-557-2398 office 631-807-7836 cell August 19, 209, Richard A. Comi, CENTER.FOR MUNICIPAL SOLUTIONS, 70 CAMBRIDGE ROAD, GLENMONT,NEW YORK 12077. RE: Proposal to Lease Wireless Telecommunications Facility at: Town of Southold Property S/s/o Traveler Street, approx. 300' e/o Hortons Lane Southold,New York District 1000, Section 61, Block 1, Lot.2.2 AT&T site LI-1025 Dear Richard At the request of Heather Lanza from the Town of Southold, I am sending you a copy of the proposed lease, cover letter and drawings in regard to AT&T's proposal to lease town property. If you have any questions please let me know. Thank you in advance for your time and consideration. Sincerely, V%cto - a/B remwm/ Victoria Brennan AT&T Site Acquisition Consultant (516) 221-0775 office (516) 221-6659 fax . vicky@brennanshore.com 3 Oil K'a 411 i P w DRAWING TITLE: PHOTO SIM PROJECT INFORMATION: M,4L1CK SCHERER, a,C . at t TRAVELER STREET QVSU T/MC EAGTACERS S I TEst: L 1 1025 C0NSTRLC'r10N INSPECTORS TRAVELER ST. LAW SLeWm s SOUTHOLD- NY ONE SALEM SQUARE, 295 RT.22E 15 Eosl M;OionO Avenue WHITEHOUSESTATION, NJ 86889 Poromus, NJ 07652 PHONE, 988-534-4995 DATE ISSUED: 08/13/09 FAX: 988.534-8587 A/E PROJECT NO.: 09BEC006 x.rq x q " 2 ` Zi M&S DRAWING TITLE: PHOTO SIM 6 �� � PROJECT INFORMATION: MALI CK & SCHERER, P C TRAVELER STREET T1 AC EAGIACERS �! S I TEU: L 1 1025 CONSTRLCTION INSPECTORS TRAVELER ST. L/LVO SLRYEY095 SDUTHOLD. NY ONE SALEH SQUARE. 295 Ry.22E 15 Eost Midtond Avenue Mtl TEHOUSE STATION. NJ 88889 Poromas, NJ 07652 PNONE, 908-534-4995 DATE ISSUED: 08/13/09 FAX: 988-531.8587 A/E PROJECT NO.: 09BEC006 Market: East Cell Site Number: Cell Site Name: Fixed Asset Number: 10111678 LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below (the "Effective Date"), is entered into by Town of Southold, a municipal corporation, having a mailing address of 54375 Route 25, Southold, NY 11971 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ("Tenant"). BACKGROUND Landlord owns or controls that certain plot, parcel or tract of land together with all rights and privileges arising in connection therewith, located at 1040 B Hortons Lane, Southold, NY 11971, in the County of Suffolk, State of New York (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1. LEASE OF PREMISES. Landlord hereby leases to Tenant a certain portion of the Property containing .approximately 800 square feet including the air space above such ground space for the placement of Tenant's Communication Facility as described on attached Exhibit 1 (the"Premises"). 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively,the"Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. .If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord's contiguous, adjoining or surrounding property (the "Surrounding Property") as may reasonably be required during construction and installation of the Communications Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property's main entry point to the equipment shelter or cabinet, and to make Property improvements, alterations, upgrades or additions appropriate for Tenant's use ("Tenant Changes"). Tenant Changes include the right to construct a.fence around the Premises and undertake any other appropriate means to secure the Premises at Tenant's expense. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Version 4-7-2010 NY Land Lease Communication Facility, and Tenant requires an additional portion of the Property (the"Additional Premises")for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then-current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"), commencing on the Effective Date. The Initial Term will terminate on the fifth(5"') anniversary of the Effective Date. (b) This Agreement will automatically renew for four(4) additional five (5)year term(s) (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies . Landlord in writing of Tenant's intention not to renew this Agreement at least sixty(60)days prior to the expiration . of the existing Term. (c) If, at least sixty (60) days prior to the end of the final Extension Term, either Landlord or Tenant has not given the other written notice of its desire that the term of this Agreement end at the expiration of the final Extension Term, then upon the final Extension Term this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter ("Annual Term") until terminated by either party by giving to the other written notice of its intention to so terminate at least six(6)months prior to the end of any such Annual Term. Monthly rental during such annual terms shall be equal to the rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement then Tenant will be deemed to be occupying the Premises on a month-to-month basis(the"Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the Term("Term"). 4. RENT. (a) Commencing in the month following the date that Tenant commences construction (the "Rent Commencement Date"), Tenant will pay Landlord on or before the fifth (5t'') day of each calendar month in advance, One Thousand Five Hundred and No/100 Dollars($ 1,500.00) (the"Rent"), at the address set forth above. In any partial month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within forty-five(45) days after the Rent Commencement Date. (b) In year one (1) of each Extension Term, the monthly Rent will increase by seven and one-half percent(7 '/2%)over the Rent paid during the previous Term. (c) All charges payable under this Agreement such'as utilities and taxes shall be billed by Landlord within one (1)year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without' limitation applications for zoning variances., zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. In addition, Tenant shall have the right to initiate the ordering and/or scheduling of necessary utilities. 2 Version 4-7-2010 NY Land Lease (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Tenant may also perform and obtain, at Tenant's sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design, operations or Government Approvals. 6. TERNIINATION. This Agreement may be terminated,without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; (c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results,that the condition of the Premises is unsatisfactory for its intended uses; (d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or (e) by Tenant upon sixty (60) days' prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months' Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any one or more of Sections 5 Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 8 Interference, 11(d)Environmental, 18 Condemnation, 19 Casualty, or 24 (1) Severability of this Agreement. 7. INSURANCE. During the Term, Tenant will carry, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) Workers' Compensation Insurance as required by law; and (iii) commercial general liability(CGL) insurance with respect to its activities on the Property, such insurance to afford minimum protection of Three Million Dollars ($3,000,000) combined single limit, per occurrence and in the aggregate, providing coverage for bodily injury and property damage. Tenant's CGL insurance shall contain a provision including Landlord as an additional insured to the extent of the indemnity provided by Tenant under this Agreement. Notwithstanding the foregoing, Tenant shall have the right to self- insure against the risks for which Tenant is required to insure against in this Section. In the event Tenant elects to self-insure its obligation to include Landlord as an additional insured as permitted by the previous sentence, the following provisions shall apply: (1) Landlord shall promptly and no later than seven (7) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit or the like; (2) Landlord shall not settle any such claim, demand, lawsuit or the like without the prior written consent of Tenant; (3)Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit or the like; (4) Tenant's self-insurance obligation for Landlord shall not extend to claims for punitive damages, exemplary damages, or gross negligence; and (5) such obligation shall not apply when the claim or liability arises from the negligent or intentional act or omission of Landlord, its employees, agents, or independent contractors. 8. INTERFERENCE. (a) . Where there are existing radio frequency user(s) on the Property, Landlord will provide Tenant, upon execution of this Agreement, with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed by Landlord, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. 3 version 4-7-2010 NY Land Lease (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party for the use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not use, nor will Landlord permit its employees,tenants, licensees, invitees, agents or independent contractors to use, any portion of the Property in any way which interferes with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four(24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference)until the interference has been corrected. (d) For the purposes of this Agreement, "interference" may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or.expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord, its employees or agents, or Landlord's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple,or controls the Property by lease or license; (ii)the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is riot in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will provide promptly to Tenant a mutually agreeable subordination, non-disturbance and attornment agreement. 11. ENVIRONMENTAL. (a) Landlord represents and warrants, except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property, as of the date of this Agreement, is free of hazardous substances, including asbestos- containing materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect,to the extent such apply to that party's activity conducted in or on the Property 4 Version 4-7-2010 NY Land Lease (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party 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 ("Claims"), to the extent arising from that party's breach of its obligations or representations under Section 11(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the effective date of this Agreement or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. (c) The indemnifications of this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant's sole determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or third party, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access ("Access")to and over the Property, from an open and improved public road to the Premises; for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such access at no additional cost to Tenant. Landlord acknowledges that in the event Tenant cannot access the Premises, Tenant shall incur significant damage. If Landlord fails to provide the access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty, $500.00 per day in consideration of Tenant's damages until Landlord cures such default. Landlord and Tenant agree that Tenant's damages in the event of a denial of access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages. Upon Tenant's request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant access to the Propertysubstantially in the form attached as Exhibit 12; upon Tenant's request,Landlord shall execute additional letters during the Term. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all of Tenant's above-ground improvements and Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of this Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Notwithstanding the foregoing, Tenant will not be 5 Version 4-7-2010 NY Land Lease responsible for the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove from the Premises or the Property any structural steel or any foundations or underground utilities. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed.by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense,to submeter from Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further,agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within forty-five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to. give Tenant at least twenty-four (24) hours advanced notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant's reasonable determination,Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. (c) Landlord hereby grants to any utility company providing utility services to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such utility companies may from time to time require in order to provide such services to the Premises. Upon Tenant's or a utility company's request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the public utility. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i)non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; -or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) failure to provide access to the Premises or to cure an interference problem within twenty-four (24) hours after receipt of written notice of such default; or(ii)Landlord's failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five(45)days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i)the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 6 Version 4-7-2010 NY Land Lease 16. ASSIGNMENT/SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, without Landlord's consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment. 17. NOTICES. (a) All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Tenant: New Cingular Wireless PCS,LLC Attn: Network Real Estate Administration Re: Cell Site#: ; Cell Site Name: (NY) Fixed Asset No: 10111678 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site#: ., Cell Site Name: (NY) FA No: 10111678 340 Mt.Kemble Ave. Morristown,NJ 07960-6656 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Landlord: 54375 Route 25, Southold,NY 11971 Either party hereto may change the place for the giving of notice to it by thirty(30) days' prior written notice to the other as provided herein. (b) In the event of a change in ownership,transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor will send the documents listed below in this subsection (b) to Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement. i. Old deed to Property ii. New deed to Property iii. Bill of Sale or.Transfer iv. Copy of current Tax Bill v: New IRS Form W-9 vi. Completed and Signed AT&T Payment Direction Form vii. Full contact information for new Landlord including all phone number(s) 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will. include, where applicable, the value of its Communication Facility, moving expenses, 7 Version 4-7-2010 NY Land Lease prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within forty-eight(48)hours of the casualty or other harm. If any part of the Communication Facility or Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Premises, Landlord will notify Tenant of such determination within thirty(30) days after the casualty or other harm. If Landlord does not so notify Tenant, then Landlord will promptly rebuild or restore the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Premises are rebuilt or restored,unless Tenant places temporary transmission and reception facilities on the Property. 20. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 21. TAXES. Landlord shall be responsible for payment of all ad valorem taxes levied upon the lands, improvements and other property of Landlord. Tenant shall be responsible for all taxes levied upon Tenant's leasehold improvements (including Tenant's equipment building and tower) on the Premises. Landlord shall provide Tenant with copies of all assessment notices on or including the Premises immediately upon receipt, along with sufficient written documentation detailing any assessment increases attributable to the leasehold improvements, but in no event later than thirty (30) days after receipt.by Landlord. If Landlord fails to provide such notice within such time frame, Landlord shall be responsible for all.increases in taxes for the year covered by the assessment, and all subsequent years to the extent (a) Landlord continues to fail in providing notice, or (b) Tenant is precluded from challenging such assessment with the appropriate government authorities. Tenant shall have the right to contest, in good faith, the validity or the amount of any tax or assessment levied against the Premises by such appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Tenant may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate in the institution and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant's action shall belong to Tenant. 22. SALE OF PROPERTY. (a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding Property except as provided below. (b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant's rights hereunder. In the event the Property is 8 Version 4-7-2010 NY Land Lease transferred, the new landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paperwork to effect a transfer in Rent to the new Landlord. (c) Landlord agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant's Permitted Use. or communications equipment as determined by radio propagation tests performed by Tenant.in its sole discretion, any such testing to be at the expense of Landlord or Landlord's prospective purchaser, and not Tenant. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communications facility or equipment. (d) The provisions of this Section shall in no way limit or impair the obligations of Landlord under this Agreement; including interference and access obligations.. 23. ' RENTAL STREAM OFFER. If at any time after the date of this Agreement, Landlord receives a bona fide written offer from a third party seeking an assignment of the rental stream associated with this Agreement ("Rental Stream Offer"), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within twenty (20) days after it receives such copy and representation to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the twenty (20) day period, Landlord may assign the rental stream pursuant to the Rental Stream Offer, subject to the terms of this Agreement. 24. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant.No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter. (b) Memorandum/Short Form Lease. Contemporaneously with the execution of this Agreement,the parties will execute a recordable Memorandum or Short Form of Lease substantially in the form attached as Exhibit 24b. Either party may record this Memorandum or Short Form of Lease at any time during the Term, in its absolute discretion. Thereafter during the Term of this Agreement, either party will, at any time upon fifteen (15) business days' prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease. (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. (d) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to She benefit of the parties,their respective heirs, executors, administrators, successors and assigns. (e) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. (f) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located,without regard to conflicts of law. (g) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement,"except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the 9 version 4-7-2010 NY Land Lease terms "termination" or"expiration" are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii)to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; and(viii)the singular use of words includes the plural where appropriate. (h) Affiliates. All references to "Tenant" shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. "Affiliate" means with respect to a party to this Agreement, any person or entity that(directly or. indirectly) controls, is controlled by, or under common control with, that party. "Control" of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities,by contract, by agency or otherwise. (i) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. (j) W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant. (k) No Electronic Signatures/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. (1) Severability. If any provision of this .Agreement is held invalid, illegal or unenforceable by a court or agency of competent jurisdiction, (a) the validity, 'legality and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired; and (b) the parties shall negotiate in good faith in an attempt to agree to another provision(instead of the provision held to be invalid, illegal or unenforceable) that is valid, legal and enforceable and carries out the parties' intentions to the greatest lawful extent. If any such action or determination renders the overall performance of this Agreement impossible or materially impairs the original purpose, intent or consideration of this Agreement, and the parties are, despite the good faith efforts of each, unable to amend this Agreement to retain the original purpose, intent and consideration in compliance with that court or agency determination, either party may terminate this Agreement upon sixty (60) days' prior written notice to the other party. (m) Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered on and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. (n) .WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL_BY JURE' IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. [SIGNATURES APPEAR ON THE NEXT PAGE] 10 Version 4-7-2010 NY Land Lease IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below. "LANDLORD" Town of Southold, a municipal corporation By: Print Name: Its: Date: "TENANT" New Cingular Wireless PCS, LLC, By: AT&T Mobility Corporation Its: Manager By: Print Name: Its: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] 1 1 Version 4-7-2010 NY Land Lease TENANT ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) 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 individual(s) acted, executed the instrument. Notary Public Printed Name: - My Commission Expires: LANDLORD ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF .On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) 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 individual(s) acted, executed the instrument. Notary Public Printed Name: My Commission Expires: 12 Version 4-7-2010 NY Land Lease EXHMIT 1 DESCRIPTION OF PREMISES Page_of to the Agreement dated 20_, by and between Town of Southold, a municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Premises are described and/or depicted as follows: Notes• 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT.. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE,NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY.ACTUAL TYPES,NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. Version 4-7-2010 NY Land Lease EXHIBIT 11 ENVIRONMENTAL DISCLOSURE Landlord represents and warrants that the Property, as of the date of this Agreement, is free of hazardous substances except as follows: 1. NONE. Version 4-7-2010 NY Land Lease EXHIBIT 12 STANDARD ACCESS LETTER [FOLLOWS ON NEXT PAGE] Version 4-7-2010 NY Land Lease 1 [Landlord Letterhead] DATE Building Staff/ Security Staff Landlord, Lessee, Licensee Street Address City, State, Zip Re: Authorized Access granted to AT&T Dear Building and Security Staff, Please be advised that we have signed a lease with AT&T permitting AT&T to install, operate and maintain telecommunications equipment at the property. The terms of the lease grant AT&T and its representatives, employees, agents and subcontractors ("representatives") 24 hour per day, 7 day per week access to the leased area. To avoid impact on telephone service during the day, AT&T representatives may be seeking access to the property outside of normal business . hours. AT&T representatives have been instructed to keep noise levels at a minimum during their visit. Please grant the bearer of a•copy of this letter access to the property and to leased area. Thank you for your assistance. Landlord Signature Version 4-7-2010 NY Land Lease 7 EXHIBIT 24b MEMORANDUM OF LEASE [FOLLOWS ON NEXT PAGE] Version 4-7-2010 NY Land Lease MEMORANDUM OF LEASE Prepared by: SAC NAME SAC FIRM FIRM ADDRESS CITY,STATE ZM Return to: Re: Cell Site# ; Cell Site Name: Fixed Asset Number: 10111678 State: New York County: Suffolk MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this day of , 20_, by and between Town of Southold, a municipal corporation, having a mailing address of 54375 Route 25, Southold, NY 11971 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300,Alpharetta, GA 30004 (hereinafter referred to as"Tenant"). 1. Landlord and Tenant entered into a certain Land Lease Agreement("Agreement") on the day of 20___, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The initial lease term will be five (5) years ("Initial Term") commencing on the Effective Date of the Agreement,with four(4) successive five (5)year options to renew. 3. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 1 annexed hereto. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. [SIGNATURES APPEAR ON NEXT PAGE] Version 4-7-2010 NY Land Lease IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. "LANDLORD" Town of Southold, a municipal corporation By: Print Name: Its: Date: "TENANT" New Cingular Wireless PCS,LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Its: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] Version 4-7-2010 NY Land Lease TENANT ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) 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 individual(s)acted, executed the instrument. Notary Public Printed Name: My Commission Expires: LANDLORD ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the'basis of satisfactory evidence to be the individual(s) 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 individual(s)acted, executed the instrument. Notary Public Printed Name: My Commission Expires: Version 4-7-2010 NY Land Lease EXHIBIT 1 DESCRIPTION OF PREMISES Page of to the Memorandum of Lease dated 20_, by and between Town of Southold, a municipal corporation, as Landlord, and,New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Premises are described and/or depicted as follows: Version 4-7-2010 NY Land Lease AGREEMENT This agreement made and entered into this day ofG1T'2010 by and between RICHARD A.COMI d/b/a THE CENTER FOR MUNICIPAL SOLUTIONS(herein after referred to as Consultant)(mailing address:70 Cambridge Drive,Glenmont, New York 12077)party of the first part,and THE TOWN OF SOUTHOLD NY 11971 (hereinafter referred to as Client)(mailing address;Town Hall Annex 54375 SR 25 Southold, NY 11971)party of the second part. Consultant and Client,for the consideration named,hereby agree as follows: 1. PURPOSE Client hereby retains Consultant for the purpose of assisting,advising and representing the Client on matters relating to reviewing and analyzing a wireless application for New Cingular Wireless for a proposed facility at 1040-B Horton's Lane,Southold, received by client for Wireless Telecommunications Facilities. 2. SPECIFIC SERVICES:SERVICES DURING PROCESSING OF THE APPLICATION The Consultant shall furnish appropriate Wireless Telecommunications Facilities siting assistance and advice to the Client and Client officials involved in the processing of the New Cingular Wireless application for Wireless Telecommunications Facilities,and,in connection therewith,shall:a)review the application filed with the Client for Wireless Telecommunications Facilities,b)assist and advise the Client in the analysis of the application,to include attending meetings with the Applicants and/or Client officials as required, c) recommend in writing to the Client whether the application should be approved or disapproved,and set forth in writing the reasons for such approval or disapproval,d)inspect the construction of the facility and in writing recommend when/if the certificate of compliance should be issued. 3. TIMES AND ATTENDANCE:COOPERATION BY CLIENT Consultant shall perform the services described herein in as expeditious a manner as is reasonably possible and with due consideration of the time requirements of Client.Client recognizes that the timing of the performance of Consultant's services may be affected by previous`commitments to other clients(including the delivery of promised services and work product and previously scheduled meetings),and situations normally and traditionally deemed to be matters of a force majeure nature,including those influenced by the weather, strikes,or power outages. Client agrees to cooperate with Consultant,as needed,and to provide Consultant with copies of any records, documents and other information needed for the fulfillment of this agreement on a timely basis. Client further agrees to provide Consultant with access to appropriate officials and/or employees of Client,as may be needed in the fulfillment of the agreement. Moreover,both parties understand and agree that mutual accountability and responsiveness is critical to the successful completion of the project,and therefore both shall always make their best faith efforts to be accountable and promptly responsive to each other. 4. COMPENSATION In payment for the services to be performed hereunder by Consultant, Client shall make payments to the Consultant as follows: A) The Client shall pay Consultant its normal published hourly rate(which at the date of this agreement is$250.00 per hour)for each hour of time devoted by Consultant to the performance of such services, provided, however,that for time traveling by Consultant in conjunction with the performance of such services,the Client shall pay Consultant 50%of the Consultants normal published rate. It is understood that the costs for all services,including expenses as covered below,will not exceed $8,500.00 for the primary carrier on the new facility,without additional approval from the Client. B) Consultant shall invoice the Client regularly,but no less frequently than monthly,after services have been performed,for any compensation payable.Such invoices shall be due and payable upon receipt,but in no case later than thirty(30)days. C) In the event that the Client disputes or objects to any portion of any invoice submitted by Consultant pursuant to this agreement,Client shall,within-fifteen(15)days of the receipt of such invoice, notify Consultant in writing of such dispute or objection. D) Payments made by the Client more than thirty(30)days following the date of submission of an invoice shall incur a charge of one and one-half percent(1-1/2%)of the amount thereby deemed late, compounded monthly, until the amount due and owing by the Client is paid in full. 5. REIMBURSEMENT FOR EXPENSES For services performed hereunder,Client shall reimburse Consultant,for out-of-pocket expenses for the following items: (a)Travel-related costs such as airfare,car rental,night lodging accommodations and meals consumed while on-site or enroute;(b)Expedited or overnight delivery service;(c)Any other reasonably necessary expenses directly related and attributable to the fulfillment of this agreement. 1 Consultant's requests for expense reimbursement shall be included in Consultant's invoice at actual cost,with no markup. 6. STATUS OF CONSULTANT Consultant and Client agree that in the performance of Consultant's services hereunder,Consultant shall not be deemed to be an employee of Client for any purpose whatsoever, nor act under Color of State. 7. NOTICES Any and all notices,invoices,and payments required hereunder shall be addressed to the parties at their respective addresses set forth in page 1 hereof,or to such other address as may hereafter be designated in writing by either parry hereto. 8. CONSTRUCTION OF AGREEMENT This agreement shall be construed and interpreted in accordance with the Laws of the State of New York. 9. COMPLETE AGREEMENT; MODIFICATION There are no terms,conditions or obligations other than those contained herein,and there are no written or verbal statements or representations,warranties or agreements with respect to this Agreement that have not been embodied herein. This agreement constitutes the complete understanding of the parties with respect to the subject matter hereof. No modification or amendment of any provisions of this agreement shall be valid unless in writing and signed by both parties. IN WITNESS THEREOF,the Consultant and Client by individuals duly authorized to do so, have signed this agreement,the day and year first above written. CONSULTANT CLIENT By: (f..i(electronic signature) By: A R.AThe Cent ,n r I 3 ��J (printed)The Center for Municipal Solutions. -�� l^-��� TitlE YA i no, l,_ )i u-PC�'`� 2 RE,NIELSEN, HUBER & COUGHLIN, LLP ATTORNEYS AT LAW 36 NoaTH NEw Yonx AvENuE HUNTINGTON, NEw YORK 11743 TELEPHONE: (631) 425-4100 FACSIMILE: (631) 425-4104 OF COUNSEL WILLLIM J.NIELSEN August 3, 2010 VIA UPS Ms. Kristy Winser, Senior Planner Town of Southold Planning Board Town Annex Building 54375 Main Road Southold,NY 11971 RE: New Cingular Wireless PCS,LLC (AT&T) Escrow Fee for Consultant review of Site Plan Application and Special Exception Permit Application for Proposed Public Utility Wireless Telecommunications Facility at: Premises: 1040-B Horton's Lane, Southold, NY SCTM#: 1000—63 — 1 - 10 Dear Ms. Winser: Pursuant to §280-74 of Southold Town Code (as amended in Local Law No. 4 of 2010), enclosed herewith is Shore 2 Shore Wireless, Inc. 2's Check No.2130,payable to the Town of Southold, in the sum of $8,500.00, issued on behalf of AT&T and representing the amount to be held in escrow for the technical consultant review fee. AT&T will not consent to any billing by the consultant for services that are not technical in.nature and that should be performed by the Town's staff, which is well qualified to perform planning and engineering functions such as review of landscaping, aesthetic issues, building code compliance and the like. Moreover, for those services that are truly of a technical nature, AT&T will not consent to the payment of fees if the consultant does not possess the requisite technical qualifications to perform such services. AT&T requests that you provide us with the consultant's scope of work for this site and the name of the person in the Town to whom he reports. In addition,we request that we be provided with the consultant's detailed invoice statements for our review. Should you have any questions with regard to the foregoing, please do not hesitate to communicate with the undersigned. -1 Very truly yours, ` i RE,NIELSEN,HUBER OUGHLIN, LLP By. cy Sorensen /ts Enclosures �, ISE,NIELSEN, HUHER & COUGHLIN, LLP d,�j,5-j-7 '-P, Corn ATTORNEYS AT LAW -P• -gierun 36 NORTH NEw Yong AvENuE HUNTINGTON, NEw Yong 11743 TELEPHONE: (631) 425-4100 FACSIMILE: (631) 425-4104 OF COUNSEL WILLIAM J.NIELSEN June 25, 2010 BY HAND Ms. Kristy Winser, Senior Planner Town of Southold Planning Board Town Annex Building — -; 54375 Main Road ` Southold, NY 11971 RE: New Cingular Wireless PCS, LLC (`AT&T') 'f JUN 28 2010 Site Plan Application and Special Exception Permit Application fqr Proposed Public Utility Wireless Telecommunications Facility !" SD,_ithold Tovan Premises: 1040-B Horton's Lane, Southold,New York _ Planning Board SCTM#: 1000—63 — 1 - 10 Dear Ms. Winser: We represent New Cingular Wireless PCS, LLC with respect to the subject application, which. was filed with your office on June 1, 2010. We enclose the following documents to supplement our application: 1. Two (2) signed and sealed copies of correspondence of Malick & Scherer, P.C., dated June 22, 2010, regarding Grading &Drainage information; and 2. Two (2) sets of signed and sealed Construction Drawings representing "Architectural Review Materials," prepared by Malick & Scherer, P.C., dated January 27, 2010. (Please note these drawings are on file with the Building Department as well). Should you have any questions with regard to the foregoing, please communicate with the undersigned. Thanking you for your courtesies, we remain Very truly yours, RE, NIELSEN, HUBER & COUGHLIN, LLP By: J. lin JJC/mp Enclosures Nis Arif R.Malick,P.E.,C.M.E. Ma/ick 8 Scherer P.C. Principal Glenn J.Scherer,P.E. Principal Consulting Engineers • Construction Inspectors • Land Surveyors Colleen Connolly,P.E. Associate Robert Zalewski,P.E. Associate June 22"d, 2010 Michael J.McAlpin,P.L.S. Director of Surveying Steven C.Ragazzo,P.E. Director of Structures Town of Southold 53095 Route 25, PO Box 1179 Southold, NY 11971 RE: New Cingular Wireless PCS, LLC Site#LI-1025 1040-B Horton's Lane Southold, NY 11971 District 1000,Section 63, Block 1, Lot 10 To Whom it May Concern, The proposed scope of work for the above referenced site includes the installation of an equipment room within an existing building and the installation of a Unipole within an existing planter, as shown on the Construction Documents issued on 01/27/10 and the Zoning Documents issued on 05/20/10. Since the proposed work is within existing structures there will be no change in impervious coverage and therefore no effect on the existing drainage systems at the site. As such,drainage calculations and grading plans are not warranted by this proposal. Please feel free to contact me with any questions or concerns. Regard vv -- 3 so �'o Glenn License#075376 One Salem Square a 295 Route 22 East a Whitehouse Station, NJ 08889 Phone(908)534-4995 a Fax(908)534-0507 a www.malickandscherer.com M /� ��S Arif R.Malick,P.E.,C.M.E. Mali i/�A & Scherer P.C. ' Principal Glenn J.Scherer,P.E. Principal Consulting Engineers • Construction Inspectors Land Surveyors Colleen Connolly,P.E. Associate Robert Zalewski,P.E. Associate June 22"d, 2010 Michael J.McAlpin,P.L.S. Director of Surveying Steven C.Ragazzo,P.E. Director of Structures Town of Southold 53095 Route 25, PO Box 1179 Southold, NY 11971 RE: New Cingular Wireless PCS, LLC Site#LI-1025 1040-B Horton's Lane Southold, NY 11971 District 1000,Section 63, Block 1, Lot 10 To Whom it May Concern, The proposed scope of work for the above referenced site includes the installation of an equipment room within an existing building and the installation of a Unipole within an existing planter, as shown on the Construction Documents issued on 01/27/10 and the Zoning Documents issued on 05/20/10. Since the proposed work is within existing structures there will be no change in impervious coverage and therefore no effect on the existing drainage systems at the site. As such,drainage calculations and grading plans are not warranted by this proposal. Please feel free to contact me with any questions or concerns. Re — 4-0''' r 07.5—1 4� �Rr, P.E. License 075376 One Salem Square•295 Route 22 East•Whitehouse Station, NJ 08889 Phone(908)534-4995 9 Fax(908)534-0507 9 www.malickandscherer.com h'I 1 MAILING ADDRESS: PLANNING BOARD MEMBERS rsf so(/ly P.O. Box 1179 MARTIN H.SIDOR ���` QUO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 JOSEPH L.TOWNSEND Ql (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI yCOU � Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 22,2010 Larry Re, Esq. Re,Nielsen, Huber&Coughlin,LLP 36 North New York Avenue Huntington NY 11743 Re: New Cingular Wireless PCS,LLC(AT&T)at 1040-B Horton's Lane, Southold,NY Site Plan Application&Special Permit Application for Proposed Public Utility Wireless Telecommunications Facility.-SCTM#1000-63-1-10 Dear Mr.Re: I am writing in response to your submission received June 2, 2010 in connection with the above referenced application. The Planning Department is currently reviewing the application for completeness to begin. ,As mentioned above, in order for the application to be deemed "complete"and ready to commence review and analysis, the Town of Southold requires payment in the amount of$8,500 to the Town of Southold to be placed into an escrow account to cover the cost of the technical consultant's review. This technical consultant's review fee is required by Southold Town Code §280-74A(d).Any unused portion of the fee will be returned to you. Once the above-referenced required fee has been received and the application is deemed complete for initial review purposes, formal review of this application will begin by the Planning staff, the technical consultant, the Southold Town Planning Board, and all other interested and involved Southold Town Departments and outside Departments and Agencies. Thank you in advance for your prompt payment. We look forward to the continued review of this application. Sincerely, / Martin H. Sidor cc: Southold Town Planning Board Heather Lanza, Planning Director Kristy Winser, Senior Planner MAILING ADDRESS: PLANNING BOARD MEMBERS QF SUUry P.O.Box 1179 MARTIN H.SIDOR �Q� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS c/a Town Hall Annex KENNETH L.EDWARDS apQ 54375 State Route 25 GEORGE D. (cor.M Youngs Ave.) JOSEPH L.TOWN END COU '� Souuth d,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 8, 2010 Mr. Richard A. Comi 70 Cambridge Drive Glenmont,NY 12077 Re: Proposed Site Plan for New Cingular Wireless at 1040-B Horton Lane Located at 1040-B Horton's Lane, Southold SCTM#1000-63-1-10 Zoning District: LI Dear Mr. Comi: Enclosed herewith please find an application package and CD regarding the above- referenced site plan/special exception proposal. If you have any questions regarding this matter,please do not hesitate to contact me. Very truly yours, Kristy Winse Senior Planner Encls. MAILING ADDRESS: PLANNING BOARD MEMBERS OF so�ryo P.O.Box 1179 MARTIN H.SIDOR �Q l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS c/a Town Hall Annex KENNETH L.EDWARDSG �QQ (cor.M 54375 State Route 25 GEORGE D.SOLOMONJOSEPH L.TOWNSEND �IyCOU '� Souu hdYAve.) NY- Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 8, 2010 Ms. Denise S. Benun 16 Drake Lane Manhasset,NY 11030 Re: Proposed Site Plan for New Cingular Wireless at 1040-B Horton Lane Located at 1040-B Hortoes Lane, Southold SCTM#1000-63-1-10 Zoning District: LI Dear Ms. Benun: Enclosed herewith please find an application package and CD regarding the above- referenced site plan/special exception proposal. If you have any questions regarding this matter,please do not hesitate to contact me. Very truly yours, Kristy Wi r Senior Planner Ends. cc: Richard Comi RE, NIELSEN, HUBER Ss COUGHLIN, LLP ATTORNEYS AT LAW 36 NORTH NEw YORK AVENUE HUNTINGTON, NEw Yong 11743 TELEPHONE: (631) 425-4100 FACSIMILE: (631) 425-4104 OF COUNSEL WILLIAM J. NIELSEN June 1, 2010 3 BY BAND - [IL Ms. Kristy Winser, Senior Planner Town of Southold Planning Board JUN 2 200 Town Annex Building 54375 Main Road - --- ---- - ,, i Southold,NY 11971 RE: RE: New Cingular Wireless PCS, LLC (`AT&T') Site Plan Application and Special Exception Permit Application for Proposed Public Utility Wireless Telecommunications Facility Premises: 1040-B Horton's Lane, Southold;New York SCTM#: 1000—63 — 1 - 10 Dear Ms. Winser: On behalf of New Cingular Wireless PCS, LLC (`AT&T' hereafter), submitted herewith are the captioned Applications as follows: With respect to the Site Plan Application, enclosed are the following documents: 1. Original and one (1) copy of Town of Southold Planning Board Site Plan Application; 2. Original and one (1) copy of Applicant's Affidavit; 3. Original and one (1) copy of Applicant's Transactional Disclosure Form; 4. Original and one (1) copy of Owner's Transactional Disclosure Form; 5. Two (2) counterparts of Owner's Authorization Affidavit; 6. Two (2) counterparts of Environmental Assessment Form, prepared by Malick & Scherer, P.C., dated May 3, 2010, pursuant to Town Code Section 280-133A(3); 7. Two (2) counterparts of LWRP Consistency Assessment Form, prepared by Malick & Scherer, P.C.; 8. DGCR, LLC Check No. 2225 in the sum of$2,000.00, which sum represents the fee for new facility,pursuant to Town Code Section 280-74A(2)(b); 9. Seven (7) counterparts of RF Exposure Analysis prepared by Azad Karim, R.F. Engineer, and dated January 18, 2010, demonstrating the project's compliance with the Maximum Permissible Exposure regulations and providing information on the other carriers already Town of Southold Planning,j.;ard New Cingular Wireless PCS, LLC (AT&T) Site Plan/Special Exception Application June 1,2010 Page 2 of 3 located on the facility in accordance with Town Code Sections 280-74C(1), 280- 74B(1)(a) and 280-70J; 10. Seven (7) counterparts of correspondence of Malick & Scherer, P.C., dated January 26, 2010, documenting the facility's structural compliance with local, state and federal codes in accordance with Town Code Sections 280-74C(1), and 280-74B(1)(b); 11. Seven (7) counterparts Applicant's FCC Licenses pursuant to Town Code Sections 280- 74C(1) and 280-74B(1)(c) (Note: The applicant's FCC Licenses, which were filed with the Building Permit Application, have since been updated. The updated and effective licenses are enclosed herewith); 12. Seven (7) copies of Gap and Propagation Maps, pursuant to Code Sections 280-74C(l), 280-74B(1)(d) and(e); 13. Seven (7) copies of Search Ring Map, pursuant to Code Sections 280-74C(1), 280- 74B(l)(e); 14. Seven (7) copies of Affidavit of Radiofrequency Engineer, pursuant to Code Sections 280-74C(1) and 280-74B(1)(e); 15. Seven (7) copies of Deed,pursuant to Code Sections 280-74C(1) and 280-74B(1)(g); 16. Seven (7) copies of the copy of the fully executed lease agreement between YSI XXXII, LLC and New Cingular Wireless PCS, LLC, dated March 5, 2010, pursuant to Town Code Sections 280-74C(1) and 280-74B(1)(g); 17. FAA Notice Criteria Tool printout,pursuant to Code Section 280-74C(2); 18. Two (2) counterparts of Visual Analysis, prepared by Malick & Scherer, P.C., dated May 21, 2010,pursuant to Town Code Section 280-74C(3); 19. Nine (9) sets of Zoning Drawings, including Site Plan, Vicinity Plan and Elevation Drawings, prepared by Malick & Scherer, P.C., dated May 20, 2010, addressing Town Code Sections 280-74C(4), 280-74C(5), 280-74C(9), 280-74C(10), 280-74C(12), 280- 74C(13) and 280-133A(4); 20. One (1) CD Rom containing digital files of propagation and search ring maps,pursuant to Town Code Sections 280-74C(7) and §280-74B(1)(f); 21. Two (2) sets of Photos of Existing Flagpole structure pursuant to Town Code Section 280-74C(8); and 22. Four (4) copies of Property Survey, prepared by D.W. Hannig L.S., P.C., revised on February 2, 2010, pursuant to Town Code Section 280-133A(5). With regard to the Special Exception Permit Application, enclosed are the following documents: 1. Original and one (1) copy of Town of Southold Planning Board Wireless Facility Special Exception Application; 2. DCCR, LLC Check No. 2224 in the sum of$1,000.00, which sum represents the Special Exception Application fee,pursuant to Town Code Section 280-74A(3); 3. Two (2) copies of Building Department Notice of Disapproval, dated April 8, 2010, and Building Permit Application, pursuant to Town Code Section 280-74D(l)(a); 4. Two (2) copies of Site Plan Application,pursuant to Town Code Section 280-74D(1)(b); 5. Original and one (1) copy of Affidavit of Victoria Brennan addressing Alternative Sites Town of Southold Planning nvaid New Cingular Wireless PCS,LLC(AT&T) Site Plan/Special Exception Application June 1,2010 Page 3 of 3 Considered and Good Faith Effort to colocate on existing towers, pursuant to Town Code Sections 280-741)(1)(c), 280-74D(2) and 280-74D(4); 6. Original and one (1) copy of Affidavit of Joseph Sweet regarding future co-location, pursuant to Town Code Section 280-741)(2). Should you have any questions with regard to the foregoing, please communicate with the undersigned. Thanking you for your courtesies,we remain Very truly yours, RE,NIELSEN, HUBER& COUGHLIN, LLP By: John J. CKughlin JJC/mk Enclosures l �� FOR INTERNAL USE ONLYEl . 1} FAFR .qui_ 2a�� - IT PLAN USE ®ETERMINATION2. �y Initial Detern in'a f southold Town Date:- Date Sent:_ f 3.d. l ya Project Name: y5! .? K1f LL("i Project Address: Suffolk County Tax Map No.:1000 3 / - Zoning District: J X . Request: (Note:. Copy of Building Permit Application and supporting documentation as.to proposed.use or,uses should be submitted.) Initial Determination as to whether'use is permitted:- es -Initial Determination as:to whether site plan is . .Sig ature of Building Inspector Plawing Department (P.D.) Referral: P.D. Date Received:. / / Date of Comment: /�D /0 Comments: . ) Signature of Pl. Hing Dept::Staff Reviewer Final Determination Date: Decision: SianaturP of Riiildina Inenrartfnr RR,NIELSEN, HUBER & COUGHLIN,LLP ( ATTORNEYS AT LAW H 36 NORTH NEW YORH AVENUE r HUNTINGTON, NEw YORK 11743 T19 TELEPHONE: (631) 425-4100 �Tv FACSIMILE: (631) 425-4104 OF COUNSEL WILLIAM J. NIELSEN April 2, 2010 VIA FIRST CLASS MAIL Chairman Martin H. Sidor and Members of the Planning Board Town of Southold Town Hall Annex Building 54375 Route 25 P.O. Box 1179APR Southold,New York 11971 APR 5 L RE: Visual Study Balloon Test for Proposed Public Utility Wireless Telecommunications Facility of New Cingular Wireless PCS, LLC ("AT&T") Premises:- - 1040-B-Horton's-Lane-- Southold,New York S CTM#: 1000-63.00-01.00-010.000 Dear Chairman Sidor and Members of the Planning Board: We are the attorneys for New Cingular Wireless PCS, LLC ("AT&T") in connection with the captioned hatter. AT&T intends to file an application seeking municipal approval for the installation of a public utility wireless telecommunications facility at the above-captioned premises. Transmitted herewith is the legal notice concerning the visual study balloon test for the proposed public utility wireless telecommunications facility. Said notice shall be published in the April 8, 2010 edition of the Suffolk Times,which we understand is the Town of Southold's official newspaper for legal notices. Should you have any questions with regard to the foregoing,please do not hesitate to contact us. Very truly yours, RE, NIELSEN;HUBER.&COUGHLIN,LLP - - By: U LOU Janine ring, Enclosure LEGAL NOTICE ON APRIL 13, 2010, A VISUAL STUDY WILL BE PERFORMED AT THE PREMISES, 1040-B HORTON'S LANE, SOUTHOLD, NEW YORK, BEGINNING AT APPROXIMATELY 9:OOA.M., IN CONNECTION WITH AN APPLICATION NEW CINGULAR WIRELESS PCS, LLC, ("AT&T"), SEEKING MUNICIPAL APPROVAL FROM THE TOWN OF SOUTHOLD FOR THE INSTALLATION OF A PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY. AS PART OF THE VISUAL STUDY, A BALLOON WILL BE PLACED AT THE HEIGHT IN QUESTION AT THE PREMISES TO AID IN ASSESSING THE VISUAL IMPACT OF THE PROPOSED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY. IN CASE OF INCLEMENT WEATHER ON APRIL 13, 2010, THE STUDY WILL INSTEAD BE PERFORMED ON APRIL 16, 2010, BEGINNING AT APPROXIMATELY 9:00A.M. -75 Coverage plot from Surrounding sites without proposed site LI-1025 a r p X2'25.N �r CR seg n ! 4y- mar, Wok RockY c �' , •�' e' �eP°e ' FU2 p r' P s � 1 I1 25' o �, � r - Mill Rd ..l N13 f � n r 7;1a miles -Z ♦fir � � o T V Existing on Air Sites -75dBm Coverage . -85dBm Coverage TV Proposed Site -95dBm Coverage HWY City/Town Borders -75 Coverage plot from proposed site LI-1025 � d Ce ' ri Rd � �� - Ams �' �• �, n 1 - � a - Z Rocky In ' c?P°e -� ' FU2 - �`�,, LI-1025 �- - '' Hill Rd • �_ N ro• rte. m '� �� s ♦• �ti 5 0 1 2 ti miles - 3'''` 47 r � � n Existing On Air Sites -75dBm Coverage � Proposed Site -85dBm Coverage •V -95dBm Coverage HWY i City/Town Borders i -75 Coverage plot from Surrounding sites with proposed site LI-1025 r^ i 225 m ` Ca SEY L I v Joos g d o• R 1 gib ' y�. Rocky in e a FU2.. L1-1025 a m ill Rd N 13 00 v � �. 229 I r X 0 1 2 _ miles A r ` 1. h Existing On Air Sites -75dBm Coverage � Proposed Site -85dBm Coverage VV -95dBm Coverage HWY i City/Town Borders -85 Coverage plot from Surrounding sites without proposed site LI-1425 o = x.2.25 X m M n VM �d C 4- A1rr� �i Wk pti Rocky in * Rd (A n 3e�° r _ ° teles FU2 , VP IF v229 0 0 1 2 4a a a miles �e 4Q' b �o A ♦ Existing on Air Sites -75dBm Coverage � Proposed Site -85dBm Coverage •� -MdBm Coverage HWY i City/Town Borders -85 Coverage plot from proposed site LI-1825 Ce I, o Rocky in Lb 606 � co miles 55ti�y}-i r 90 I F' w Existing on Air Sites -75dBm Coverage � Proposed Site -85dBm Coverage •V -95dBm Coverage HWY City/Town Borders -85 Coverage plot from Surrounding sites with proposed site LI-1025 0 10 5rc(� C? x 4 a JoP�psi - �, <Qg 7o c ri 4 lyat ` +�� p1 c14 r' �Y!qc t� Rcc� in 4 'Foy P"�e . FU--2 'R N <D 1 Hill Rd �t5 gyro r" co tp erti 0 fid o h ,229 CD N t3 ak St Existing on Air SIMS -75dBm Coverage -85dBm Coverage Proposed Site -95dBm Coverage HWY City/Town Borders -95 Coverage plot from Surrounding sites without proposed site LI-1925 � � a C.+ L4 .2r25 ` tw c t� Ave meta c� ��° m Manwa ' 9'Rd M�k 2L FU2 S LI-1025 ro W Hill RdAZ f N FL 00, air e $ N sw ted - �a 229 47 (n _ r ,Ike o `cb r 1 A Existing on Air Sites -75dBm Coverage � Proposed Site -85dBm Coverage -95dBm Coverage HWY i City/Town Borders -95 Coverage plot from proposed site LI-1025 . 8 joh � d s2r25�t�;_I�. Ca f- fat ` wt�p1 lb Rocky _- - FU. _, .k LI-1025 a 1 N m `° N�agw fid *®229 7; ° 0 n miles a '. b � n Existing on Air Sites -75dBm Coverage � Proposed Site -$SdBm Coverage -95dBm Coverage HWY i City/Town Borders -95 Coverage plot from Surrounding sites with proposed site LI-1025 Ce O se�CR Asst 00,C Rocky in � �! 4 L11025 a 01 06 'C m 0, SL ' Q �° $ N Be SW Rd �~ a 1 L 2 z � ¢ miles 15 -.,3 R ek St ,. a ♦ � ExistingOn Air Sites ` -75dBm Coverage ♦ � Proposed Site -85dBm Coverage TV -95dBm Coverage .___� HWY City/Town Borders LI-1825 Search Ring 0 ix 10, JW i - `S'^1lY 111'��i ook;Rd Hashamomuck Pond r,1qy L fig Creek S -Ta4e_ evr Ln Mill Creek ' - ' S� ipes cove t r- Lill s Pond o r - �. Rocky P26 A - �G 1025 niop , a �s m r ,own Cr k 0.5 .=1 tx' _.gong jsland Sound Ora Ind N lea le Or t+ hts Dr or Y, South B Sun Ltt Nib Myo A a rey Creek Ric o Creek �1n c Om Ln,, 1 Try T � a Ce each Creek $ tiadtan Keck Rd —L"dtleeB+'df ,I 1 ARM - ► U-Store At 1040-B TOWN OF SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION SECTION A: Site Plan Name and Location Site Plan Name: AT&T at 1040-B Horton's Lane, ou o Adpplication Date: 6 / 1 /2010 Suffolk County Tax Map #1000- 63 - 1 - 10 Other SCTM#s: Street Address: 1040-B Horton's Lane Hamlet: Southold Distance to nearest intersection: Approx 400' n/o Traveler Street Type of Site Plan: New X Amended Residential If Amended, last approval date: SECTION B: Owners/A2ent Contact Information Please list name, mailing address, and hone number or the people below: Property Owner Street I VL � ��C Sl -�5 � C J� ��Cac City State Zip l l Home Telephone 0 �. ��a- Other Applicant New Cingular Wireless PCS LLC f'• j� ' Street 333 Crossways Park Drive I City Woodbury _State NY Zip 1179T Id TJ-,W' Home Telephone i Other 516-677-6503 Applicant's Agent or Representative: ContactPerson(s)* Re, Nielsen, Huber & Coughlin, LLP Street 36 North New York Avenue, City Huntington State NY Zip 11743 Office Telephone 631-425-4100 Other *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Page 2 of 3 SECTION C: Site Data c Proposed construction type: X New Modification of Existing Structure Agricultural Change of use Property total acreage or square footage: 6.94± ac./x%.,*. Site Plan build-out acreage or square footage: 0 ac./sq. ft. (Replacement pole within existing Euan�t�en Ind equipment within existing Is there an existing or proposed Sale of Development Rights on the property? Yes No If yes, explain: Property ZoningDistrict(s): Light Industrial Building Department Notice of Disapproval Date: 4 /_8 /2010 Is an application to the Southold Town Zoning Board of Appeals required? Yes No X If yes,have you submitted an application to the ZBA? Yes No If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: Public storage facility List all proposed property uses: Public utility wireless telecommunications facility Other accessory uses: Existing lot coverage: 23 % Proposed lot coverage: 23 % (No change) Gross floor area of existing structure(s): sq. ft. Gross floor area of proposed structure(s): Parking Space Data: #of existing spaces: 52 #of proposed spaces: 0 Loading Berth: Yes_No X Landscaping Details: Existing landscape coverage: 0.8 % Proposed landscape coverage: 0.8 % (No change) Waterfront Data: Is this property within 500' of a wetland area? Yes No X If yes explain: I, the undersigned, certify that alle ove info ation is true. N Cin r ire s PCS, LLC Signature of Preparers BY Date: Joe ee Page 3 of 3 System Dee me Manager e� TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 8, 2010 To: New Cingular Wireless for YSI XXXII, LLC 333 Crossways Park Dr. Wodbuiy,NY 11797 Please take notice that your application dated March 16, 2010 For penult to construct a wireless unipole & antennas &related equipment at - Location of property: 1040-B Horton Lane, Southold, NY County Tax Map No. 1000 - Section 63 Block 1 Lot 10 Is returned herewith and disapproved on the following grounds: Pursuant to Article XXIV, Section 280-127, the proposed wireless communic-atio svtowe'r _ installation requires Site Plan & Special Exception approval from the Southold Tb'- h"t3falnn'ing Board. Y / Authorized Signature CC: file, Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. f TOWN OF SOUTHOLD PLANNING BOARD WIRELESS FACILITY SPECIAL EXCEPTION APPLICATION Application Name (use same name as Site Plan Application Name): AT&Tat 1040i13 Horton's Lane, Southold Application Date: June / 1 /20 10 Suffolk County Tax Map Number 1000 - 63 - 1 - 10 Other SCTM#'s: Street Address: 1040-B Horton's Lane Hamlet: Southold Checkli§t-of application materials required to be submitted (see Special Exception Application Requirements Handout or §280-74 D. of the Southold Town Code for details) X One copy of the building permit application materials X Complete site plan application submission X One copy of the deed or lease agreement for.the use of the property X Analysis of site location alternatives X Effort to co-locate documentation (if this is not.a co-location) X Propagation maps showing existing facilities and service in the town X Evidence supporting existence of inadequate service X Special Exception Application FeeF 977 , Fi. JUN - 2 2010 form updated 5/4/2009 Southold Town Planning Board TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK ---------------------------------------------------------------------------------X In the Matter of the Application of New Cingular Wireless PCS, LLC AUTHORIZATION OF OWNER At the premises: 1040-B Horton's Lane Southold, New York District 1000 Section 63, Block 1, Lot 10 --------------------------------------------------=------------------------------X STATE OF ) CN-EsV;ff(- ) SS.: COUNTY OF �� ) JE �• �STE� being duly sworn, deposes and says: I am the Via; Pis t DEx1T of , owner in fee of the premises known as District 1000, Section 63, Block 1, Lot 10 (the "Premises" hereafter), and do hereby authorize New Cingular Wireless PCS,LLC('Cingular'hereafter), and its representatives to bring such applications for,municipal approvals as maybe necessary for constructing or installing on the Premises such antennas, support structures, and related equipment as Cingular may require for the establishment of its public utility wireless telecommunication facility. As such, I will fully cooperate with Cingular and its agents in obtaining any required Approvals. JUN 2 2010 By: L,( Planning Sworn to before me this Vim �g day of 144J+ , 2` ' COMMONWEALTH OF PENNSYLVANIA Notarial Seal R111A Brianne Jackson,Notary Public Richland Twp.,Bucks County NOT Y PUBLIC My Commission Expires Nov.15,2013 Member,Pennsylvania Association of Notaries i APPUCANS AFFIDAVIT :STATE OF NEW YORK -COUNTY OF SUFFOLK J-oseph Sweet being duly sworn, deposes and says that he resides at c/o 333 Crossways Park Drive Woodbury, Ny - 11797 in the State.of New York, and that he is the owner of the.above property, or that he is the System Development Manager of the Lessee/Apel i cant, New Ci naual-ar.Wi rel ess PCS, LLC (Title) (Specify whether Partnership or Corp.) which is hereby making application; that there are no existing structures or Improvements on the land which are not shown on-the Site Plan; that the tide.to the entire parcel, including all rights-of-way, has been clearly established and is shown on said Plan; that no part of the Plan Infripges upon any duly filed plan which has not been abandoned both'as to lots and.as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply.with same;that t:lhe i plans submitted, as approved;will not be altered or changed in any manner without the approval of the J Planning Board; a ' that the actual physical improvements wili be Installed In strict accordance with the plans submitted. Signed N w ingular -Wireless PCS, LLC. B .Signed (Part r o Corporate Officer and Title) Josep we0t, System Development Manager g E. _ Swan to me this ii U ' day of f 4 , JUN - 2 201a � y, (Notary Pubb) . Victoria Brennan, Esq Notary Public, State of Now York No. 02BR607-2822 dualified in Nassau Cainty Commission expires April 15,201p APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: New Cingular Wireless PCS, LLC by Joseph Sweet (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning X Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); ' B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. j j� -------- ' DESCRIPTION OF RELATIONSHIP I J U N — 2 2010 ! ir.. Submitted thN 200_ Signature Print Name MN- h System Development Manager Form TS 1 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM (As to Owner) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. e�' �/vV �(� 1 YOUR NAME: ys 1� ]" �.1 -j I, 1. C (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning X Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in'which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NOy/ If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. P g P ( apply): The town officer or employee or his or her spouse,sibling,parent,or child is check all that A)the owner of greater than 5%of the shares of the corporate stock of the applicant_B)the legal or beneficial owner of any interest in a non-corporate entity(when the (when the applicant is a corporation); applicant is not a corporation); �9'� \A, C)an officer,director,partner,or employee of the applicant;or l4 1 j D)the actual applicant. 1 s hold Tov:n ,1 DESCRIPTION OF RELATIONSHIP i �,•nrPn •c Submitted this JrT41 day of MRMH 20V/v Signature a r� Print Name 3e:VL1, R TBSTeit� ICE �u sr u IO.t,7¢ Form TS 1 F TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK -----------------------------------------------------------------------------------X In the Matter of the Application of New Cingular Wireless PCS,LLC For Approval to erect a public utility wireless telecommunications AFFIDAVIT OF stealth monopole and install related equipment at the premises RADIO FREQUENCY ("Premises"): ENGINEER 1040-B Horton's Lane, Southold,New York �� District 1000 Section 63,Block 1,Lot 10 -��- l5 ----------------------------------------------------------------------------------+X l STATE OF � U Pl - 2 2010 > SS.: COUNTY OF ) told T Southold loyr il Planning Board AZAD RIM,being duly sworn, deposes and says: -- 1. I am a radio frequency engineer for New Cingular Wireless PCS, LLC (hereinafter "AT&T"). As a radio frequency engineer, I am trained to identify service deficiencies in AT&T's wireless telecommunications network and to evaluate the ability of proposed antenna sites to remedy these service deficiencies. I am fully familiar with AT&T's wireless telecommunications network in Suffolk County. 2. I submit this affidavit in support of AT&T's application for approval to install a wireless telecommunications facility at the Premises. Pursuant to this application, the applicant requests approval to erect a telecommunications monopole, with antennas therein, and install its related equipment as depicted in the plans submitted herewith. 3. AT&T is considered a public utility for zoning purposes under the laws of the State of New York and is licensed by the Federal Communications Commission to serve the public within Suffolk County and throughout much of the United States. AT&T strives to provide reliable service throughout its licensed coverage area. r 4. At present, there is a substantial service gap in AT&T's wireless network t coverage in the vicinity of the proposed site. A service gap exists if the user of an AT&T mobile telephone cannot reliably transmit, receive or maintain a voice or data connection. The service gap in coverage that now exists in the vicinity of the proposed site prevents AT&T from providing reliable service in the area. This unreliability represents an inconvenience to users of AT&T's services and can have serious consequences during times of emergency or disaster. 5. In order to understand why the proposed antenna site is needed, it is necessary to understand how AT&T's system works from an engineering standpoint. AT&T's wireless telecommunications system is designed so that low powered base stations are strategically located at determined distances apart and at predetermined heights. Due to such factors as hills, valleys, trees, buildings, and other physical obstructions and due to the nature of radio waves, each coverage area or"cell"is irregularly shaped. With sufficient signal strength from each base station, the AT&T user can.reliably transmit, receive or maintain voice or data connections. The sites are ordinarily engineered to cover a limited area so that an antenna facility will cover only the area surrounding it but will not interfere with other sites in the system. --6.-- _ AT&T has established design criteria-so-that-its wireless network will-provide reliable wireless service to its customers, whether those customers are on the street, in a vehicle, or in a building. Providing reliable service to AT&T's customers within vehicles and buildings is critical for AT&T to provide the quality of wireless service that customers demand and successfully compete with other wireless providers. 7. To meet customer demands and expectations, AT&T strives to provide both In- Vehicle (or In-Car) coverage and In-Building coverage. These coverage levels represent the 2 s — minimum signal strength and reliability of service needed to transmit,receive or maintain a voice t or data connection at the mobile handset as the environment changes. 8. To- provide these levels of coverage, AT&T has-scientifically determined the strength of the wireless signal ("signal strength") necessary to provide In-Vehicle coverage and In-Building coverage. Because wireless signals are attenuated (i.e. degraded or partially blocked) by obstructions such as trees, automobile windows, automobile sheet metal, and building materials such as wood,brick and metal, a wireless signal must be of sufficient strength in the ambient environment (i.e. outside with no obstructions) to reliably penetrate into automobiles and buildings. 9. Wireless signal strength is measured on a logarithmic power scale referenced to 1 milli-watt of power. Signal strength levels less than 1 milli-watt being negative. The smaller the negative dBm number, the stronger the signal. For example, -75dBm is a stronger signal level than —85dBm. An ambient signal level of—95dBm would provide reliable On-Street coverage. AT&T's system requires an ambient signal level of —85dBm to provide reliable In-Vehicle coverage, and an ambient signal level of —75dBm to provide reliable In-Building coverage. These signal level requirements provide the basis for AT&T's design criteria. 10. AT&T's design criteria for wireless facilities serving an area are based upon providing 95%reliable signal over a site's coverage area to ensure reliable service for customers. This standard reflects a business judgment that 100%.reliability is an unrealistic goal at this time due to financial, technical and environmental constraints. A 95% level of reliability is consistent with the level of service provided by AT&T's competitors and is the standard in the industry. Providing service at this level allows AT&T to satisfy customers' demands and compete on an equal footing with competitors serving the market. 3 11. To achieve the 95% reliable design goal, AT&T conducts extensive analysis based upon AT&T's technology and the area served. 12. In order to eliminate the service deficiency in-a particular area, AT&T performs signal propagation studies to determine the height and location of the needed cell site. Based on its studies, AT&T determined that an antenna facility would have to be established within a narrowly defined search area in order to remedy the service gap in question. In this case, we determined that the installation of the proposed facility will allow AT&T to provide reliable service in the vicinity of the Premises. . 13. The proposed antennas must be affixed at least as high as'those depicted on the plans submitted herewith in order to ensure that reliable service can be afforded to AT&T users in the vicinity of the site. The location and height of the antennas is determined by some or all of the following factors: availability of existing structures, willingness of property owners to enter into leases, drive test data, location of existing antenna sites in the area, topography in the surrounding area, land cover features in:the area such as buildings and foliage, and the results provided by computer propagation software that enables radio frequency engineers to predict the anticipated signal propagation at a given height and location. 14. In order to illustrate the effect that the proposed site would have on coverage in its vicinity, propagation maps are submitted herewith demonstrating the different coverage levels summarized above. The maps depict the areas presently enjoying reliable service in the vicinity, and the area to be served by the proposed site. As the maps indicate, the proposed facility is of vital importance to AT&T 's efforts to provide reliable service to the area in question. Unless this application is granted, AT&T will be unable to provide reliable service in the vicinity of the Premises. 4 15. The antennas proposed will not interfere with radio or television service or public safety telecommunications in the surrounding area. 'AZAD KARIM i Sworn to before m th�S�Q�,°°• °•����� J6VJday of O/1H"i1111��`` Caroline A.Warburton My Commission Expires- 5/7/2011 Bergen County,N) Notary Public 5 I Ilfllli L[II f[II(li(IC Iilll Illli CCIII IIIII(ILII IIII IIII I{IIIII Illll i(III IIII IIII . SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 07/31/2009 Number. of Pages: 5 . _ At: 09:55:28 AM Receipt Number : 09-0086522 TRANSFER TAX NUMBER: 08-26793 LIBER: D00012595 PAGE: 058 District: Section: Block: Lot: 1000 063.00 01.00 010.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $10.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 ' NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees. Paid $355.00 TRANSFER TAX NUMBER: 08-26793 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County ff�� rr rrll �f� Icsi JUN - 22010 is ; . s��I � thold Tovrn Pianring BoarH Number of pages ) RECORDED 2009 Jul 31 09:55:18 RM Judith A. Pascale - This document will be public CLERK OFSUFFOLKCOUMTY .L D000I25952595 record. Please remove all . Social Security Numbers P 058 prior to recording. DTA 08-26793 Deed I Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 31 FEES " Page%Filing Fee Mortgage Amt. L.Basic Tax Handling ? 00 2, Additional Tax i i TP-584 Sub Total Notation i SpecJAssit. or EA-5217(County) Sub Total Spec./Add CEA ,np OT.MTG.TAX -5217(State) f Y` D• �� ual Town Dual County — R.P.T.S.A. — — -Held for Appointment _.._ .. i Comm.of Ed. 5. 00 Transfer Tax _ I Affidavit ' ' Mansion Tax The property covered by this mortgage is iCertified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total 3� .J If NO,see appropriate tax clause on �/ nn 11 trnT ,�}r ,�/�A page# of this / t 4 Dis SPrfinnl'1t7. Im 13lockill�0 Lott'//0-LW �5 I Community Preservation Fund 09014689 1000 063oo 0100 610000 Real Propert P T S Consul -on Amount$ Tax Service Agency RDTY '4 CPF Tax Due $ Verification 6.IUL Improved 1z _ 6 5fltisfacti0n6/171Setlarges!xCleexey-t;(SL'ravlrGtt)-vwuuao-xaoiu+�g Address RECORD&WURN TO: Vacant Land Q , TD TD TD z9a• Mail to:Judith A.Pascale, Suffolk Count Jerk 7 Title Company Information 310 Center Drive, Riverhead,NY 119131 uvCo.Name vG ww.suffolkcountynygovlcterk Tltle# i . 8 Suffolk Countv Reco rding & Endorsement Page This page forms part of the attached made by. (SPECIFY TYPE O STRUMENT) The premises herein is situated in i SUFFOLK COUNTY,NEW YORK. In the TOWN of � cs � �y` In the VD.LAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your RA -TISFACTION OF MORTGAGE please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, "you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future Pro arty tax ' statements, Local property taxes are payable twice a year: on or before January 101h and on or before May 3191. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. i Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town HaR Farrningv111e. N.Y. 11738 Shelter_Island, N.Y. 11964. (63.17.4.51-9009- (631)749-3338 . .. East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown,N.Y. 11787"�- (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes. 100 Main Street 116 Hampton Road Huntington,N-Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095'Main Street Islip.N.Y. 11751 Southold.N.Y. 11971 (631)224-5550 (631)765-1803 i I Sincerely, Judith A.Pascale Suffolk County Clerk i 12-010s..aioeka I ' i, ' Z%Dg 00Q7 THIS INDENTURE,made the day of June,2009 and BETWEEN U-STORE-IT,L.P.,a Delaware limited partnership,having an address of 460 East Swedesford Road, Suite 3000,Wayne,Pennsylvania 19087,the Grantor and party of the first part, and YSI XXXII,LLC,a Delaware limited liability company,having an address of 460 East Swedesford Road, Suite 3000,Wayne,Pennsylvania 19087,the Grantee and party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid,by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the town of Southold,County of Suffolk and State of New York as more particularly described on Exhibit"A". SUBJECT to those matters set forth on Exhibit`B". TOGETHER with all right,title and interest, if any,of the party of the first part:in`and to any streets and roads abutting the above described premises to the center lines thereof,TOGETHER with the appurtenances and all the estate and rights of the party of the first part,in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the_purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. i The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. AB f/6312668l.1 1 e ' Y IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: U-STORE-IT, L.P.,a Delaware limited partnership By: U-Store-It Trust,a Maryland real estate investment trust,its general partner 1 By: r . - Name: Jeffrey P. oster Title: Senior Vice President,Chief Legal Officer and Secretary CoM�o�vUea(!�i o� e��sylv��a s E COUNTY OF i d?l p SS: r On the 1 P day of June,2009,before me,the undersigned personally appeared JEFFREY P. FOSTER,Senior Vice President,Chief Legal Officer and Secretary of U-Store-It-Trust,the . . . general partner of U-STORE-IT, L.P.,a Delaware Iimited partnership,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me.that he executed the same in his capacity,and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted,executed the instrument,and that such individual made suci} appearance before the undersigned in the City of Plit t•der �j-L,County of p ! . Nofary Public My Commission Expires rtyM�dna M.�F�im� Public F*f .9010 t►WOW.PmrowNe Amdadw of NoWdu DBI/63126691.1 2 EXHIBIT i6A" Lethal Description ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAM), SITUATE, LYING AND BEING AT SOLTTHOLD, =N OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NLV YORK, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN 11M AT A COMME NONMENT SET OH THE EASTERLY LINZ OF HORTONS LANE WHERE THE SAME IS INTERSECTED BY THE NORTHERLY LINE OF L11ND NOW OR FORMERLY OF ftORTON AND FROM SAID POINT OF BEGINNING; i RUNNING THENCE NORTH 11 DEGREES 47 MINUTES 40 SECONDS WEST 3S1.43 FEET TO A CONCRETE MONUMENT AND LAND NOW OR FORMERLY OF FIRKBZ NER; RUNNING THENCE-ALONE. LAND OF.FDWRINE;R AND LAND NOW OR FORMERLY OF WIT)OOWSKI NORTH 72 DEGREES 27 MINUTES 00 SECONDS B= 180.33 PEST TO A CONCRETE MONU;4Mrr THENCE NORTH 70 DEORESS 09 MINUTES 00 SECONDS EAST 342.44 PEST TO A CONCRETE MONUMENT AND LAND NOW OR FORMERLY OF C UkRNEtiS AND1 RUNNING THENCE ALONG SAID LAND NOW OR FORMERLY OF CHARNSWS AND LAND NOW OR FORMEnY OF .TYNDEINIGS, SOUTH 17 DEGREES 43 MINUTES 30 SECONDS EAST 626.24 FEET TO A CONCRETE MONUMENT AND LAND NOW OR FoRMERLY OF TEE LANG ISLAND RAILROAD; RtrAVING THENCE ALONG SAID LAST MENTZONSD LAND SOUTH 70' DIZGREt8S,30 MINI3TSS '30 SECONDS 'WEST 403.66 FEET TO A POINT AND LAND NOW OR F'ORMERLYOP HORTON; i RUNHINO 1ttEFiL'.8 ALONG LAND NOW OR FORMERLY OF EiORTON SHE FOLLOWING Two I2J COURSES ANO DISTANCESs 1l) NORTH 19 DEGREES 22 Mn?U7ZS 40 SECONDS BEST 261.23 FEET TO A CONCRETE MOHUNM AND (2) SOUTH 78 DECREES 12 MINUTES 20 SECONDS WEST 118.64 FEE! TO THE CONCRETE MONUMENT SET AT THE POINT OR PLACE OP BEGIMING AND TEE$ EASTERLY Lnm OF UORTON'S TANS. FOR ZNF10MTION ONLY: DISTRICT. 3.000 SECTION: 063.00 BLOCK, 01.00 TATs 010.000 I ' i I i i I I I DBIl6312WI.1 3 1 • .,'4L l EXHIBIT B Permitted Exceptions 1. The lien of taxes and assessments for the year 2009 and subsequent years; 2. Taxes or special assessments that are not shown as existing liens by the public records; 3. Matters that would be shown by an accurate survey and inspection of the property; and 4. Al! covenants,restrictions,conditions,easements,reservations,rights-of-Way,and other " matters of record,however,the reference to the foregoing shall not serve to reimpose the same to the extent same are invalid or unenforceable. r 081/63126681.1 4 I 1000-063.00 Suffolk County Clerks Office 78' 16 367 19 334 338 \ 110 410 184 334 302 •150 73 RD 50� 25.3 50 1150 263 25 ,2.3A� 100 2100--- 334 / 323 150 117 15 7` X99 50 - 61 4Is� i 200 25.4 307 35 i2 Q 42� 179s 183 527 :99 260 ,/418 264 327 45 100 147 70/ A-VE� 35 I 9360 145 99 ♦ 161 10,1 7 7A(C) 1.11 ,` } 112 15"00 TON ♦ '' 488 270 160 1.12 75 231 781 410 SECTON 1 310 132 584 1111 104 100-, 1.5 162 320 21.0 89 259 11101 LINE 8.6A' 126 30 537 z_ 11 • _ 37 -. 175 140 .. 357 _. 180 �_( ) 2 �1 293 213•., -.:,•` 140 39 50 / 64 175�LA. 14113.2 ' .F 162 36 531 FOUNDERS X7029 SECTON 2 a. 643s7 12 112 (COMMON AREA) 4.( 389 000 192 342 4fit MATCH 18 97 (FOR UNITS SEE 93 11 180 SEC.NO.063.02) 94 1.3 654 926 636 i 169250s' 10 : 244 (17) (var•.width) 534 (v 4 . ar.width) 34 814 351 r< 253 160 wy: (18) 149 ` �s 155 50 261 �;ST 160 262 282 89 177s 404 �. (19) 446 3.1 9 13 5a2�.'M.TA. ,% 155 32 271 118 /164 139 2701.95 1473 95s 1' 8.1 12s 138s. LI 8A(C) (P1%T.RD.) (�) 45 7267 4% 7 30.1 31 50 3.2 ��$'268 85 125 'TRAVELER ♦♦ 125 255 140 45 SUNN•Y•;SIDE� 47 X150 142 4 85_;6 60 67 (507 42 ��` 40 (PVT RD.) 2i 90 101 20 44 11236/ RD. r+r GREENFI. LA;150 3855 19 H07B ON 5 437s 196 SEE SEC. NO 150 22 282(11) 101 90 25 ' N42 ,.I- 18 77 MATCH IN :23 284 .150 / 4322-3115 17 EEN�FIELDS (10) 13 `75 76 7_5� 0150 286 90 i6 �5024 (9) 150 75 131 1 ♦% 287 A. 196 (66) 150 M.T4 � g 50 131 �♦ O` 520 507 12.1 69 203 150 - ♦♦ 150 1.3 C); 509 1 152 4 131 9825 4885 3 69 • �.. 11.1 ST.PATR�CKS 1.OA(c_), (66') _6 .'' 2 299 i 5 PLANNING BOARD: TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK ------------------------------------------------------------------------------X In the Matter of the Application of New Cingular Wireless PCS,LLC COLOCATION AFFIDAVIT For Special Exception Permit Approval to replace existing PURSUANT TO flagpole with proposed public utility wireless TOWN CODE telecommunications stealth unipole and install related SECTION 250-741)(2) equipment at the premises ("Premises"): 1040-B Horton's Lane, Southold,New York District 1000 Section 63,Block 1,Lot 10 ------------------------------------------------------------------------------X STATE OF NEW YORK ) SS.. — --- ---_ -- . COUNTY OF Joseph Sweet,being duly sworn, deposes and says: 'h' - 2 2010 1. I am the System Development Manager for New Cinguiar Wireless PCS,LLC-. ("AT&T") and am fully familiar with the facts and circumstances hereinafter set forth: 2. The business address of AT&T is 333 Crossways Park Drive, Woodbury, New York 11797. 3. I make this affidavit pursuant to Town of Southold Code Section 280-741)(2). 4. The proposed stealth unipole will be capre of accommodating colocation of additional antennas for future users. r s Sweet Sworn to before me this t'b day of Q . 201D--- NOTARY 201 NOTARY PUBLIC LAWRENCE C. RE, Notary Public,State of New York No. 52-47�xeJ8 Comm ssio�n Epiirres May 31 PLANNING BOARD : TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK -----------------------------------------------------------------------------------X In the Matter of the Application of New Cingular Wireless PCS, LLC AFFIDAVIT OF GOOD FAITH EFFORT TO For Special Exception Permit Approval to replace existing flagpole COLOCATE AND SITE with proposed public utility wireless telecommunications stealth ALTERNATIVE SITES unipole and install related equipment at the premises ("Premises"): CONSIDERED PURSUANT TO TOWN CODE 1040-B Horton's Lane, Southold,New York SECTIONS 280-741)(1)(c), District 1000 Section 63,Block 1,Lot 10 280-74D(2)AND 280-74D(4) -----------------------------------------------------------------------------------X STATE OF NEW YORK > SS.. Jat l CC �J U l5 j-l�; I COUNTY OF SUFFOLK ) i JUN 2 2010 VICTORIA BRENNAN,being duly sworn, deposes and says: I 1. I am a Site Acquisition Consultant representing New Cingulat Wireless PCS, LLC ("AT&T") in the Long Island market. AT&T is licensed by the Federal Communications Commission to construct, operate and maintain a personal wireless telecommunications system in Suffolk County and throughout much of the United States. 2. In my capacity as Site Acquisition Consultant, I was tasked with finding a suitable location for a public utility wireless telecommunications facility within a specific area in Southold defined by AT&T's radio frequency engineers. 3. In keeping with the purpose and intent of Chapter 280 of the Code of the Town of Southold, AT&T seeks to locate its facility on an existing building or structure located within an area of Southold,in which there is a significant service gap. 4. I have exercised a good faith effort to secure a lease agreement for AT&T in the Town of Southold to locate or co-locate on an existing tower or other available and appropriate buildings or structures,pursuant to Southold Code Sections 280-74D(1)(c) and 280-74D(2). 5. I contacted the Southold Fire District regarding a proposal to locate a facility at the Fire District's property located at 51355 Main Road, Southold. I received written confirmation from the Fire District's General Counsel that the Fire District had no interest in a communications tower lease. 6. AT&T's radio frequency engineers determined that none of the available existing buildings or structures lying in the subject search area would be suitable for a facility that would be capable of eliminating the coverage gap in the area because each fails to meet the minimum height requirement. 7. AT&T's radio frequency engineers ascertained that the installation of public utility wireless telecommunications antennas within the proposed unipole at the Premises would serve to eliminate the coverage gap in the area. 8. Before filing the application for the instant proposal and in an effort to make certain that there are no other potential locations that would be considered more appropriate by the Town for a wireless telecommunications facility in the immediate area, I met with the Town Planning Director to discuss alternatives. At that time, the Planning Director suggested that we investigate the possibility of establishing a monopole site on property owned by the Town of Southold located south of Traveler Street, 300 feet east of Horton's Lane ("Town Parcel"). The zoning district of the Town Parcel is Hamlet Business (HB). To that end, we arranged to have photosimulations and drawings prepared with respect to the Town Parcel and filed a written proposal to the Town in that regard on August 20, 2009. To date we have received no response from the Town with respect to the Town Parcel site other than a request to provide a duplicate copy of the proposal with attachments in January 2010. 9. The Premises was chosen as the optimal site for which a lease agreement could be secured, while still meeting the applicable Town Code requirements and AT&T's radio frequency objectives in the subject search area. The Premises is located within the Light Industrial Zoning District and the stealth unipole design will have limited visual impact on the surrounding area. The proposed equipment is to be located within an existing building and will have no visual impact on the surrounding area. The stealth unipole design includes room for potential fut re co-location. 1 t VI ORA BRENNAN Swo�to before me this OY( f—M.ay 010. Teresa Alt.Cna Icy Public,state of tm y . No.DICR6205451 2 OuaGtted in Nassau Commission EVires Aby 11, TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BTTILI)iNG DEPARTMENT Do you have or need thefollowing,before.applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL:-(0-31.).7654802, - -PlanningBoard'a FAX: (631) 765-9502 Surve` pprovah y SoutholdTown.NorthFork.net. PERMIT NO. Check. Septic Form N.Y.S.D.E.C:, : --- Trustees Flood Permit Examined 20 Storm-Water Assessment Form Contact: 'Attorney for Applicant: Approved 20 MailtotRe, Nielsen, Huber & Disapproved al u J Coughlin, LLP .36 New. Yo.rr, Ave din ton, NY 11743 i ne: .31=�E25-4100 Expiration ,20 2 Building Inspector 15 @ D PLICATION FOR BUILDING PERMIT <;. .;. MAR 16 2010 Date , 20 INSTRUCTIONS a.Thi P 'b UST be c pletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 aet o-sc.- e.Fee according to schedule. . i b.Plot plain showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c. Tlie work covered by this application may.not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughou#ahe work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector :issues a Certificate of Occupancy. f.Every,building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance.or has not been completed:within:18.months from such date:If no zoning:amendments or other regulations affecting the property Have been enacted in the interim,the Building Inspector.may authorize,In writing,the exterisiori ofthe permit for an addition six months.Thereafter,:a new permit shall be required.. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the .Building Zone Ordinance of the Town of Southold, Suffolk County,New York,.and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition-as herein described:The applicant agrees to comply with all applicable,laws,ordinances,building code,housing code,,and regulations,:and.to admit. authorized inspectors on premises and in building for.necessary.inspections. New Cingular Wireless PCS, LLC (Signature of applicant or name,if � LImi e` abilit• Company 333 •Crossways Park •Drive, Woodbury, NY 11797 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Lessee Name of owner of premises YSI XXXII, LLC Lim to"'Liabili- aCo y (Ason the.tax roll or latest deed) If applicant i a e of duly authorized officer = B • (Natke a d title oc porate:.officer) JSseph et, Sys em Development Manager. , Builders License No. Plumbers License No. N/A Electricians License No. _ Other Trade's License No. 1. Location of land on which proposed work will be done: 1040—B Horton',s Lane Southold : NY : House Number Street 10 .A'' County Tax Map No. 1000 Section' 63 L VIAi i bAilauc Lot 10 Subdivisionenillrl $imcn,00 Lot 2. State existing use and occupancy.of premises and intended use and occupancy of proposed°construction. a. Existing use and..occupancy Public storaize facility b. Intended-use' and occupancy Same as existing and Public Utility Wirel.es's' Telecommunication, Facility 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal ` Demolition Other Work X Replace existing flagpole with proposed . stublutilits,w6inre�l.ess telecommunications unipole, install (Descrl tinil- elated a ui ment,inidesexistxn dbAilding !as dePicte theplans snd tdeef�'ante nap -Ifclbsubmitted herewith . (To be paid on filing this application) 5. If dwelling, number of dwelling units N/A Number of dwelling units on each floor N/A If garage, number of cars : N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use;Public storage facility 7. Dimensions of existing structures, if any:Front Rear Depth Height Number of'Stories Existing one-story buildings to remain :.unchanged Dimensions of same structure with alterations or additions: Front 5 „:Rear -m-�„ Depth Height Numberoffcnes`!j 8. Dimensions of entire.new.construction:Front Rear ` �W Depth Height Number of Stories: Proposed 72' unipo]e,:ao be 'installed, on;;31ante � . ca' ssonota a ght`at 75' AGL) r, 6.94*/- acres p 9. .Size of lot: front; Rear Deth : -- 10. Date of Purchase June . 18., :2009- Name.of Former Owner U-STORE-IT,, n.P 11. Zone or use district in whichpromises are situated -Light Industrial 12. Does proposed construction violate any zoning law;ordinance or regulation?YES ;NO . x.. 13. Will lot be re-graded?YES NO_Will excess fill be removed from premises?YES NO p Swc3cs *a�,S.rt1L70W 14.Names-of Owner of memis6s ' C l,t r_ Address auri,_.PA, Phone.No." 2,7- N I00 Name of Architect Malick & Scherer, P'.C: Address ne a em . uarg,. - 4-4995 Name of Contractor Address Pone o. 15 a. Is this propertymithin 100 feet of a tidal:wetland ora freshwater.wetland? *YES. NO * IF YES, SOUTHOLD TOWN TRUSTEES &;D.E:C;:PERMITS•MAY BY REQUIRED: b. Is this property Within 300 feet of a tidal wetland? * YES NO * IF YES,D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey;,,to scale;:wifh accurate foundatiori plan and distances to property lines. 1.7. If elevation at any point on.property is at 10 feet or below,must provide topographical data on survey. 18.Are there any covenants and restrictions with respect to thisproperty? * YES _NO * IF YES,PROVIDE A COP...: STATE OF NEW YORK) SS': COUNTY OF ) Joseph Sweet being=duly sworn,deposes and says:'that_(s)he i$.the applicant (Name of individual signing contract)above named, = (S)Heisthe System Development Manager of 'New Cingular Wireless PCS, LLC, Lessee/Applicant (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorizedto perform or have performed the said work and to make and file this..application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work.will'be performed in the manner set forth in the application filed therewith. Sw��n�1t,�before me this ��,,((�� -�- day of 20 V`1 Ne Ci Wire ,P,GS; LLC Victoria Brennan;Es 6116,State of Nota6461ic. No.+0189807.2 ature of Applicant oualioed.in NgsYU` e. h. Sweet, System Development Manager C iOjwox ire*Apdt/6, Q FOR INTERNAL USE ONLY71 SITE PLAN USE DETERIV[L `[� i Initial Determination Ii.. APR. -° 201 i Date: 3 ./ /rO / /0 .., Date Sent:_ /S ` old TT___ Q ...—Planning Board Project Name: y5 f K-011 LLCi .- ---� Project Address: Suffolk County Tax Map No.:1000- � 3 =�_- `0 Zoning District: J X . Request: �T�� (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: Initial Determination as to whether site plan is required: Ye , `J Signature of Building Inspector Planning Department (P.D.) Referral: P:D. Date Received: / / Date of Comment: Comments: Signature of Planning Dept.:Staff Reviewer Final Determination Date: / / Decision: Signature of Building Inspector TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before.applying? TOWN HALL Board of Health , SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631)765-1802. Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown,NorthForkxet. PERMIT NO. Check. Septic Form N.Y.S:D.E.C: . Trustees Flood Permit Examined ,20 Storm-Water Assessment Form Contact: Attorney for Applicant: Approved 20 Mail to:Re, Nielsen, Huber & Disapproved a/Q (A 0 3.6--N New. You hlin, LLP ot;ington, NY 11743 one: 631"495 4100 Expiration ,20 Building.Inspector U D PLICATION FOR BUILDING PERMIT MAR 1 6 2010 Date , 20 INSTRUCTIONS a.Thi U3 b iJST be cpletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 ..set an Tsca e.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application in ay.not be commenced before.issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed.within:18 months from such date.If no zoning,amendments or other regulations affecting the property have been enacted,in the interim,the Building Inspector may authorizejn writing;the extension of the permit for a.n addition six months. Thereafter;,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,..and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions, or alterations or for removal or dernolition as herein described.The applicant agrees to comply with all applicable:laws,ordinances,building code,housing code,.and regulations' and to admit. authorized inspectors on premises and in building for necessary.inspections. New Cingular Wireless PCS, LLC (Signature of applicant or name,if a Lie abilit, Company 333 Crossways Park -Drive Woodbury; NY 11797 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumberor builder wi Lessee Name of owner of premises YSI XXXII, LLC Lim to L.iabili Co any (As on the.tax roll or latest deed) If applicant i a sr a of dully authorized officer B (Na e a d:titleo c porate:.officer) JBseph et, Sys em Development Manager, , Builders License No. Plumbers License No. N/A Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 1040-B Horton'�s Lane Southold NY House Number Street �:_ . � .., , � zea el.lc� ,�rl ��lR County.Tax Map No. 1000 Section 63 06*00$ if Pi t ed0su Lot 10 Subdivision utos ,fit 'snc�il lr rI itctrro;� Lot 2. State existing use and occupancyofpremises and intended use and occupancy of propose&6onstru6tiori: a. Existing use and occupancy Public storage facility b. Intended use and occupancySame as existing and Public .Utility Wireless' Telecommdnication, Facility 3. Nature of work(check which applicable):New Building . Addition " Alteration Repair Removal -` : Demolition Other Work X Replace existing flagpole with proposed public utility. wi=reless telecommunications unipole, install (Descri tion) ante na },e nd i stall--related equipment,in idese istingdbnildi0ng,_as depi.cte in ,the. plans . strl a c�ct'�'bs jQ s. CC20, as l ee submitted herewith. (To be paid on filing this application) 5. If dwelling, number of dwelling units N/A Number of dwelling units on each floor N/A If garage, number of cars N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use;Public storage facility 7. Dimensions of existing structures, if any:Front Rear Depth Height Number of•Stories Existing one-story buildings to remain .unghanged .Dimensions of same structure with alterations or additions: Front Depth Height Number•offones I 8. Dimensions of entire new.construction:Front Rear Depth T Height Number of Stories. Proposed 72' unipolc to be "inst:alled onF;3'i. plante caisson kTotai nelglitlat 75' AGL)" 6.94+/- acres r 9. .Size of lot: f ront:. Rear Depth 10. Date of Purchase June . 18., 2009- Name.of Former Owner. U-STORE-IT,. �.. 11.Zone or use district in which premises are situated::- .: Light Industrial: 12.Does proposed construction violate any zoning law;ordinance or regulation?YES NO X . 13. Will lot be re-graded. YES NO Will excess fill be removed from premises?YES NO 14.Names of Owner ofpremises. )Ln l,l�� Address � Phone No.`� 1 & Name of Architect Malick "& Scherer,P:.C:. _ Address ne emQP Rt'Atic .. uarg,. Name.:of Contractor Address: ;:p one°: o . 15 a. Is this property"within 100 feet"of a tidal:wetland or a freshwater.wetland? *YES NO * IF YES; SOUTHO_ LD TOWN. TRUSTEES'&;D.RiC 1M.P.ERMITSMAY BB REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C.PERMITS MAY BE REQUIRED. 16. Provide survey .to scale;with accurate foundation plan and distances to property lines, 17. If elevation at any point on.property is at 10 feet or below,must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES+_NO * IF.,YES,PROVIDE A COPY: STATE OF NEW YORK) SS': COUNTY OF ) . Joseph Sweet being`duly sworn,deposes and says.that:_(s)he isthe_applicant (Name of individual signing-contract)above named, (S)He is the System Development Manager of New Cingular Wireless PCS, LLC, "Lessee/Applicant (Contractor,Agent,Corporate Officer;etc.) of said owner or owners,and is duly authorizedto perform or have performed the said work and to make and-file this.application; that all statements contained in this application are true to the best of his knowledge and belief;and that the vi ork.will be performed in the manner set forth in the application filed therewith. Sw n t before me this day of 20 Ne Ci Wire PCS; LLC . •• . AffVictoria.Brennan;Es Isbc,State of11 Nota lic. No..01B072t322 ature of Applicant" QualiNd in NOswUe h Sweet, System Developiaent Manager _ �Ofif7fisilOMeI�IrQ Hp1iF 16, � , Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 6 3 _ 1 _ 10 The Application has been submitted to(check appropriate response): Town Board E Planning Dept. ® Building Dept. [E Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation, land ,aniaction) (b) Financial assistance(e.g. grant, loan, subsidy);, (c) Permit, approval, license, certification: , �.. �``•' Nature and extent of action: Proposed AT&T Wireless Facility (LI-1025) consisting of equipment cabinets located inside an existing building and a 75' overall height unipole with (6) internally installed antennas in place of an existing 40' tall flag pole. Location of action:_1 n4n THnrtnn c Tana, 4rnithnI ri, MY "I 1 971 Site acreage: 6.94 Present land use: Commercial - Storage Facility Present zoning classification: Light Industrial 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: AT&T - New Cingular Wireless PCS, LLC (b) Mailing address: 333 Crossways Park Drive Woodbury, NY 11797 (c) Telephone number:Area Code(16)221-0775 (d) Application number, if any: (pending) Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No [—] Not Applicable The proposed tower location preserves open space, efficiently uses existing infrastructure, and benefits use of a coastal location since it is located at an existing commercial storage facility approximatey 1 mile from the nearest shoreline. The proposed 75' tall antenna concealment unipole location is in place of an existing 40' tall flagpole, which minimizes the changes to the character of the surrounding area. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria © Yes ❑ No ❑ Not Applicable The proposed tower has been located within an existing, developed commercial area to preserve historic resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria © Yes 0 No 0 Not Applicable The proposed tower will have a negligible impact on the visual quality of the area. The proposed tower is a concealment type structure, with internally mounted antennas. The proposed location is in place of an existing flagpole, in and existing developed commercial area, approximately 1 mile from the nearest shoreline. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 0 Yes 0 No ® Not Applicable The proposed tower is not located along a coast or in an area where flooding and erosion occur. The proposed construction does not displace any organic material such as trees or natural plant life since it is located within an existing parking lot/flower bed. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria E] Yes 1:1 No ©Not Applicable No water is used or affected as a result of this proposal. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes 0 No® Not Applicable This installation will not affect the Coastal Fish and wildlife Habitats and wetlands. { Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable This installation will not affect the air quality. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © Not Applicable No solid waste or hazardous substances will be produced as a result of this proposal. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye,0 No® Not Applicable Site not located in coastal area. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No © Not Applicable This site is not water dependant. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No© Not Applicable This site is not located within these areas. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No© Not Applicable This site is not located within the agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable The proposed facility does not affect mineral resources and uses a negligible amount of energy from an existing utility infrastructure. Created on 512510511:20 AM 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Part 1 Part 2 Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Proposed AT&T Wireless Facility(LI-1025) —- i 1, i Name of Action Town of Southold Planning Board Name of Lead Agency 'F Flanra_ng �--- Print or Type Name of Responsible Officer in Lead Agency Title of Responsible,Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. Name of Action Proposed AT&T Wireless Facility(LI-1025) Location of Action(include Street Address,Municipality and County) 1040 Horton's Lane Southold,NY 11971,Suffolk County Name of Applicant/Sponsor New Cingular Wireless PCS,LLC(AT&T) Address 333 Crossways Park Drive City/PO Woodbury State NY Zip Code 11797 Business Telephone 516-221-0775 Name of Owner(if different) YSI XXXII,LLC Address 460 E. Swedesford Road,Suite 3000 City/PO Wayne State PA Zip Code 19087 Business Telephone 901-922-6047 Description of Action: An unmarked wireless telecommunications facility including a 300 SF equipment room,located within an existing storage building and a 75'overall height unipole,with 6 internally mounted and concealed antennas. Page 2 of 21 Please Complete Each Question—Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use:ID Urban El Industrial ElCommercial 11 Residential (suburban) Rural (non-farm) Forest M Agriculture ElOther 2. Total acreage of project area: 6.94 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) .94 acres .94 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0 acres 0 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 6 acres 6 acres Other (Indicate type) 0 acres 0 acres 3. What is predominant soil type(s) on project site? HaA Haven Loam a. Soil drainage: Well drained 100%of site Moderately well drained % of site. Poorly drained %of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? Yes ■ No a. What is depth to bedrock 6.67' (in feet) 5. Approximate percentage of proposed project site with slopes: ®✓ 0-10% 100% E]10- 15%-% 15%or greater % 6. Is project substantial[ contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? t Yes MENo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? E]Yes FENo 8. What is the depth of the water table? 6.67' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Yes No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ElYes E No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes 0 No Accordin to: Michael E.Bauer,Project Manager for ATC Associates Inc. 3 Tem Lane,Suite 4,Burlington,NJ 08016 Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? Yes RE No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? 11 Yes El No If yes, explain: 14. Does the present site include scenic views known to be important to the community? 11 Yes EINo 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: None b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? R Yes No a. If YES, does sufficient capacity exist to allow connection? n Yes E]No b. If YES, will improvements be necessary to allow connection? FYes No 18. Is the site located inan agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? NYes l No 19. Is the site located in or substantialiv contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? MYes . No 20. Has the site ever been used for the disposal of solid or hazardous wastes? Yes ®. No B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 0.01 acres. b. Project acreage to be developed: 0.01 acres initially; 0.01 acres ultimately. c. Project acreage to remain undeveloped: 0 acres. d. Length of project, in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. 0 % f. Number of off-street parking spaces existing 52 ; proposed 0 g. Maximum vehicular trips generated per hour: 1/Month (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 0 0 0 0 Ultimately 0 0 0 0 i. Dimensions (in feet) of largest proposed structure: 75' height; 2'-6" width; 2'-6" length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 0 ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 14/14 tons/cubic yards. 3. Will disturbed areas be reclaimed nYes 11 No N/A a. If yes, for what intended purpose is the site being reclaimed? N/A b. Will topsoil be stockpiled for reclamation? Yes EINo N/A c. Will upper subsoil be stockpiled for reclamation? E]Yes F] No N/A 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Page 5 of 21 5. Will any mature forest(over 100 years old) or other locally-important vegetation be removed by this project? Yes El No 6. If single phase project: Anticipated period of construction: 1 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated N/A (number) b. Anticipated date of commencement phase 1: N/A month N/A year, (including demolition) c. Approximate completion date of final phase: N/A month N/A year. d. Is phase 1 functionally dependent on subsequent phases? M Yes No N/A 8. Will blasting occur during construction? Yes No 9. Number of jobs generated: during construction 0 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? Yes ®� No If yes, explain: N/A 12. Is surface liquid waste disposal involved? 0 Yes IE No a. If yes, indicate type of waste (sewage, industrial, etc) and amount N/A b. Name of water body into which effluent will be discharged N/A 13. Is subsurface liquid waste disposal involved? MYes IE No Type 14. Will surface area of an existing water body increase or decrease by proposal? D Yes No If yes, explain: N/A 15. Is project or any portion of project located in a 100 year flood plain? M Yes ®' No 16. Will the project generate solid waste? 1:1 Yes [—!]No a. If yes, what is the amount per month? N/A tons b. If yes, will an existing solid waste facility be used? Yes EINo c. If yes, give name N/A p ; location N/A p d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? E]Yes El.No N/A Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? E]Yes FINo a. If yes, what is the anticipated rate of disposal? N/A tons/month. b. If yes, what is the anticipated site life? N/A years. 18. Will project use herbicides or pesticides? RYes ril No 19. Will project routinely produce odors (more than one hour per day)? M Yes ®i No 20. Will project produce operating noise exceeding the local ambient noise levels? E]Yes RNo 21. Will project result in an increase in energy use? [i]Yes No If yes, indicate type(s) 200 Amp electrical service is required. 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? 0 Yes F No N/A If yes, explain: N/A 3 Page 7 of 21 l 25. Approvals Required: Type Submittal Date Site Plan Approval City, Town, Village Board Yes No Special Exception Approval City, Town, Village Planning Board Yes No City, Town Zoning Board MYes MENo City, County Health Department Yes ME No Other Local Agencies 17 Yes ®� No Other Regional Agencies Yes ®� No State Agencies Yes No Federal Agencies M Yes FE No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ElYes1-1 No If Yes, indicate decision required: E] Zoning amendment Zoning variance New/revision of master plan Subdivision Site plan ®' Special use permit Resource management plan Other Page 8 of 21 2. What is the zoning classification(s) of the site? Light Industrial 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N/A 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Yes M No 7. What are the predominant land use(s) and zoning classifications within a A mile radius of proposed action? Residential 8. Is the proposed action compatible with adjoining/surrounding land uses with a A mile? Yes ' No 9, If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? N/A Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Yes ,■ No N/A 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? Yes No a. If yes, is existing capacity sufficient to handle projected demand? Yes No N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes No a. If yes, is the existing road network adequate to handle the additional traffic. MYes No F::— D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name G r Date 05/03/10 Signature 0 n� ys 531ro Title Principal,Malick& If the action is in the,Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 8 ~ �v Ifw * 1 DECLARATION 'OF COVENANTS AND RESTRICTIONS DIST. THIS DECLARATION mad• by. PURGE CORP. , this 12TH DAY 1000 of December, 1909 a domestic corporation, having its principal SECTION offices at $0800 Main Road, Southold, New York, 11971, hereinafter 063 .00 referred to as the DECLARANT, as the owner of premises described 01000 in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said LOT f PREMISES and has for such purposes determineed to impose or, said PREMISES Covenants and Restrictions and Zoe® hereby declare that 010.000 said PREMISES sh 11 be held and shall be conveyed subject to the 1, following covenants and restrictions: 1. DECLARANT has made application to the Suffolk County Department of Health Services (hereinafte refereed to as the DEPARTMENT) for a permit to construct approval of plans or approval of a sub-div wion or development on the PREMISES 2. WHEREAS, the applicant is desirous of is lY 1W constructin a commercial building consistins of 100% mini-sturwpp facility, such facility will be used for storage .of goods only and will. not contain any plumbing or heating, nor will the space be used for any manufacturing. Additionally, the apace will not be utilized by any employee except for placement and removal of stored goods. The total number of employees shall never exceed 3. Should the applicant desire to ev-and its operation into the restricted space, application shall by first made to the DEPARTMENT for �. approval under current criteria and any additional sanitary disposal facilities required shall be installeA in accordance with approved plana pr.fci in taking occupancy of the restricted space, The maximum perminnable daily sewage c►lsolh^rge shall nevwr axceed 4133.9 gpd. 3. The DECLARANT, its successors and/or assigns shall set forth these eovenante, agreersants and declarations in any and all leases to { occupants, tenants and/or lessees of the above described property and shall, by their terms, ` sub j-ct crams tm the covenants and restrictions contained herein. Failure of the f1Ft'LARANT, j its successors and/or assigns to so condition 1 the leaess shall not invalidate thpar automatic subjugation to the covenants and restrictions, I� :r i i ~ BUM 1 j k . All of the covenants and restrirtf,)ns contained. herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or or regulations in effect at the time of execution of this 1 agreement, Pr- �t the time such laws, ordinances and/or regulations may thereafter be revised, amended, or promulgated. 5, Thit document is made subject to the provisions of all laws rvg4ired by taw or by their f` provisions to be innorporated herein and they f are deemed to be incor`--i-ated herein and +� made a part hereof, as though fully set forth. !I 6. The aforementioned Restrictive CovendiiLs shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at lair. The failure of said agencies or the County of Suffolk to �I enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatwosver upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them (I and may be terminated, "revoked or amended only {+ with the written consent of the DEPARTMENT. 8. If any section, subsection, paragraph, clause, phraae or provision of these covenants and restrictions shall , by a Court of competent jurisdiction, be adjudged illegal, unlawful, ihvalid, or held to be unconstitutional, the s #� shall not affect the validity of these covenants as a whole, or any tether part or provision hereof other than the part so adjudged to be 1 illegal, unlawful, invalid, *r r.~^-nstitutianal. i 9. Local Law 032-1980-The DECLARANT represents and warrants that he has not offered or given =ny gratuity to any official , employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of �! securing favorable treatment with respect to th .,teriormance of an agreement, and that such ., person has read and is familiar with the f� provisions of Local Law 032-1980. I Schedule I Consent, Attached and made a pit he f f PUDC 0P , i BYt _ PRESIDENT 1 P"34 { STAT".. OF NEW YORK COUNTY OF NAS,3AU SS: ON THIS 12TH DAY OF. DECEMBER, 1990, BEFORE. ME PERSONALLY CAME., JAMES L. CRAY, SR. , TO ME XNOWN, WHO BEING BY ME DULY :f SWORN DID DEPOSE AND SAY THAT HE RESIDES AT NO 0 BRIDGE LANE, CUTCHuGUE, NEW 7,vRK; THAT HE IS THE PRESIDENT OF PUDGE CORP. , THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE FOREGOING INSTRUMENT; THAT HE KNOWS THE SEAL OF SAID CORPORATION; THAT THE SEAL Arr,XED TO SAID INSTRUMENT IS SUCH CORPORATE SEAL, THAT ! IT WA.' SO AFFIXED BY ORDER OF THE R"aRD OF DIRECTORS OF SAID +`ORPORATION, AND THAT HE SIGNED HIS NAME THERETO BY LIKE fi ORDER.. I Ile t 1 I, tl i } !I ° i I I ! "SCHEDULE All DESCRIPTION OF PROPERTY I DECLARANT: PUDGE CORF. H.D. REF. NO. OR NAME OF SUB-DIVISION C 10-90-012 ALL that certain plot, piece or parcel of land, situate, -lying and being at Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a concrete monument set on the oas i�ly lino .®f Mortons Lane where the same is intersected by the northerly line of land now or Formerly of Horton and from said point of beginning; RUNNING THENCE ;Borth 11 degrees 47 minutes 40 seconds West, 351.93 feet to a concrete monument and land now or formerly of Finkbeiner; RUNNING THENCE along land of Finkbeiner and land now or formerly of Witkowski North 72 degrees 27 minutes 00 seconds East, 180.33 feet to a ooncroto monument and THENCE North 70 degrees 09 minutes 00 seconds East, 342.41 feet to a cencrete munument and land now or formerly of Charnews; RUNNING THENCE along laid land now or formerly of Charnews and land nor or formerly of Jennings, South 17 degrees 43 minutes 30 seconds East, 626.24 feet to a concrete monument and land now or formerly of the Lon Island Railroad; RUNNING THENCE along said last mentioned land South 70 degrees 30 minutes 30 seconds West, 403 .88 feet to a point; and land now or formerly of Horton; RUNNING THENCE along land now or for- merly of Horton the following two (2) course* and distances: (1) North 19 degrees 22 minutes 40 seconds West, 261.23 feet to a concrete monument and (2) South 78 degrees 12 minutes 20 seconds West, 148.64 feet to the concrete monument set at the point or place at MINNING and the easterly line of Hortons Lane. DIST. 1000 SECTION 083.00 (LOCK 01.00 LOT 010.000 i 1111 KAM "SCHEDULE B" ,! CONSENT OF MORTGAGEE/LIENOR DECLARANT: FUDGE CORP. N.D. REF. NO. OR (NAME OF SUB-DIVISION: C10-90-012 In the matter of the application of PUDGE, the undersignedp I. as holder of a mortgage or lien on premises described in ( Schedule "A" annexed hereto, hereby consents to covenants and restrictions on s&H premises and hereby subordinates its mortgage :,r lion on the premises described in said SCHEDULE "A" ANK FOR SAVINGS I n BY: P EDWARD F. iijY VICE PRESIDENT STATE OF NEW YORK } COUNTY OF •NA$SAU )SS' ON THE ow ON DAY OF N-vA-`^ , 19909 before me personally !' came , k(Js, , to, mr lenown, who, being X ,! by me duly sworn, d depo6e and ay that he resides at �. �..r HAL ti ; that he is the !} vac t E ,l.t,d.�; of APPLE BANFOR SAVINGS the banking � Corporation dc;,cribed in and which executed the foregoin instrument; tile aha_.seal a 1� that It -was sQ.•a # MM d-ViL-B wee Mii Of satd.. n, and that he signed his name thereto by like �I order. 1� . ---- R ORM A. ULA 1M1ry Pwft sime of ►w vok No. 4M to 4 own" In aunvk CM" O�nw+w�w W+�u tl�ran M.tilt �I I; �� -7- j 13riY'; •'li;'�•fi���' •�'' - ilk'* ., _ i'if� °�i• '�u,'�,.. _ � �. •.,�', .SIE. �Y�' S�• :. :'tt'' .i•le i'�'• .,5� '' :lit`•,� .. oRCLRNA�ia� �r cow .� Rine:c�aau :� OMDMA'1'LR M11Nf1AtMLNT •IMGLR sRIbCRL DIST. * . 1000 SECTION THIN DBCLMTION *rads this12x, day of ALUJUWJL.. 1LQ90 063 .00 by PUDGE Q2BE,. oil, having its principal. place BLOCK of business at 5OS00 MAIN AOAD sOUTNQLD N.Y , hereinafter 03..00 referred to as the "DiCLARAW. LOT Q10.000 YET .lIESBETH ssr� NHERRAS, DICLARANT is the owner in foe simple of real 'property located within a sole source aquifer that is par- ticularly environmentally sensitive, which property is more fully �. described In Rchodul• "A", annexed hereto. ` I HHSnSAB, application has been wade to the SUPlOIA COUNTY DSPARTXZNT Of HEALTH ,IRVICSS j lms) for their approval in ac- cordance c-cordance with applicable standards, and KHER&AS, the IMOLK COUNTY DEPARTKXNT Or NAALTH 92RVICES has approved said map provides!, however , that this Declaration be recorded as against the said real property in the 1 auffolk County Clerks Office and the Declarations contained herein be fully complied with. NOM, THEMPORt, CECLAPANT warrants, declares, and repro- mantis than the above-describ PW property is held sublect to the following covenants and reslsiucianw.�l k i 4 itl Ys 0*CLARBWT, its successors, and/or .assigns represent, that Qui deg A*ifM#IXX* aware of the requirements set forth in '.rticles V11 and X11 of the luffolk County Sanitary Code which set standards and restrictions for storage and discharge of tort: ` or hasardous materials in Suffolk County. 2. Should there be any change in the operation or use of the promises, the ORCLARANTO itS successors and/or assigns must notify the Suffolk County Department of Health Services ss hereinafter provided. 3. The sanitary waste flow for the promises shall not exceed the population density equivalent of 1133.9) gallons per day for the lot's area as determined pursuant to petiole 6 of the Suffolk County Sanitary Code. Should the to waste flog frees the lot exceed the population density equivalent for the lot ° s area, a sewage treatment facility must be provided in ac- cordance with the provisions of Article S of the Suffolk County Sanitary Code and all buildings on.thi lot must be connected to the sewage treatment facility. ,. Should a sewage treatmm•nt facility or sewer district be- come available to service the promises# DECLARANT, its successors and/or assigns hereby agree`*) to connect to and be served by such facility or district within 180 days and thct any existing yrivate waste disposal facilities shall be disconnected and aban- doned according to standards of the SCDNs. S. DECLARANT, its sucwwa sons, and/or assigns, agree that upon written notification by ICONS to the respective tenant or occupant, said tenant or occupant shall, at Its own cost and •x- pense, Install a Monitoring well or wells as per specifications of the SCDHat both upgradient and downgradient in the groundwct:: 2 i } iAIL JaI93 N7W. j t flow where, in such notification, the $COMB specifies the facts and circumstances under which it has reason to believe that the groundwater under said premises is or will be threatened by a source of pollution from the said premises. DRCLARAMT, its suc- cessors and/or assigns shall install said monitoring well or wells in conformance with any reasonable requirements of the $CONE at its own cost and expense. $. All fee ownera, tenants or occupants of the subject promises shall , without notice, during normal working hours, provide access and entry to the subject premises, buildings and facilities to authorised and appropriate county inspectors or of- ficials, subject to any governmental security regulations. 7. The owner, tenant or occupant hereby consent, on behalf of themselves, their successors and/or assigns to permit the $COMB to enter upon the above-described property and clean up any spills of illegal toxic or hazardous discharges, and to assume the reasonable cost of such cleanup which cost shall be entered Ag a judgment upon notice against the owner, occupant, tenant or lessee responsible for such spill or spills . This paragraph shall not apply to spills or toxic or. hazardous materials whici, are not caused by or the fault of the owner, tenant, occupant or losses, or any of their agents and/or employees. $. All notifications required to be given hereunder to the SCDH 8 shall be in writing and addressed to the Comissioner of Kaalth Services and mailed or dellvered to the $COMB, 223 Rabro Drive Bast, !Hauppauge, Naw York, 11786, or to such other desig- nated person or agency as may be required. 3 MUMS i !. The DXCLAWWT, its successors, and/or assigns shall sat forth these covenants, agreements and declarations in any and all leases to occupants , tenants and/or lessees of the above- described property and shall, by their terms, subject same to the covenants and restrictions contained herein. failure of the DECLARANT, its succensors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 10. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and faderal laws, ordinances, and/or regulations in affect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 11. The declarations est forth in the WHIREAS clauses con- tained herein shall be deemed and construed to be promises , covenants, and restrictions as if fully repeated and set forth heroin. 12. This document is mads subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof, as though fully not forth. 13. if any section, subsection, paragraph, clau:i, phrase or provision of these covenants and restrictions shall, by a court Of competent jurisdiction, be adjud9ad illegal , unlawful, In- valid, or held to be +unconstitutional, the same shall not affect the validity of these covenants and restrictions as a whole, or any other part of provision hereof other than the part so ad- judged to be illegal, unlawful, invalid, or unconstitutional. t Z f z r J 11193049 14. These R94ttictive Covenants shall be enforceabLa by the County of iuffolks State of Now Yorks by injunctive rsloif or by any other comedy in equity or at law. The failure of said agencies or the County of Outtalk to enforce sans shall not be deemed to affect the validity of this covenant not to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 19. Any violation of these restrictions and covenants shall cause the vLolatorp in addition to any fines, penalties and/or forfeitures proscribed by laws to pay for any and all reasonable legal fees and expenses Incurred by the County of Suffolk in en- rtcrcing the Covenants and Restrictions contained hereia. if. These covenants and restrictions shall run with the land and shall be binding upon the DtCLARANTs - its successors and/or assigns, and upon all persons or entities claiming under them and may be terminated, revoked or amended by the owner of the prsmises only with the written consent of the Department. 17. Local Law 832-1980 • The DECLAPANT represents and war- rants that he has not offered or given any gratuity to any of f is la 1 s employee, or agency of Suffolk County, New York state p ur of any political party, with the purpose or intent of securing favorable treatment with respect to the swerding or amnding of an agreement, or the making of any determinations with respect to the performance of an agreement# and that such person has read and is familiar with the provisions of Wcal Law 032-1960. Aa schedule 8 consent, attached ��� art hereof. BY: L.$. RMES L. GRAYS R. , PRESIDENT r STATE OF NEW YORK ) 11COUNTY OF NASSAU ) SS: ION THIS 12TH DAY OF DECEMBER, 19901 BEFORE ME CAME, JAMES L. GRAY, ' SR. , TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND ; SR. , THAT HE RESIDES AT NO Is BRIDGE LANE, CUTCHOGUE, NFW YORK; THAT HE IS THE PRESIDENT OF PUDGE CORP. , THE CORPORATION DESCRIBED TN AND WHICH EXECUTED THE FOREGOING INSTRUMENT, AND THAT HE KNOWS THE SEAL OF SAID CORPORATIONI AND THAT H111 SIGNED HIS NAME THERETO BY LIKE ORDER. Paii.W-1�11-W II I i �119W "SCHEDULE A" DESCRIPTION OF PROPERTY DECLAWT: PUDGE CORP. H.D. REF. NO. OR NAME OF SUB-DIVISION C 10-90-012 ALL that certain plot, piece or parcel of land, Situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a concrete monument set on the easterly line of Hortono Lane where the same is intersected by the northerly line of land now or formerly of Horton and from said point of beginning; RUNNING THENCE North 11 degrees 47 minutes 40 seconds West, 361.93 feet to a concrete monument and land now or fovruawly a! Finkbeiner; RUNNING THENCE along land of Finkboiner an" land now or formerly of Witkowski North 72 degrees 27 minutes 00 seconds East, 160.33 feet to a concrete monument and THENCE North 70 degrees 09 minutes 00 seconds East, 342.41 feet to a concrete munument and land now or formerly of Charnewst RUNNING THENCE along said land now or formerly of ChArnews and land nor or formerly mf Jennings, South 17 degrees 43 minutes 1 30 seconds East, 626 .24 feet to a concrete monument 1 and land now or formerly of the Lon Island Railroad; RUNNING THENCE along said last mentioned land South 70 degrees 30 minutes 30 seconds West, 403.66 foot to a point; and land now or formerly of Horton; RUNNING THENCE along land now or for- merly of Horton the following two (2) courese and distancee; (1) North 19 degrees 22 minutes 40 seconds West, 261.23 feet to a concrete Monument ane t2' Routh 76 degrees 12 minutes 20 seconds Went, 146.64 feet to the concrete monument set at the point or place of BEGINNING and the easterly line of Hortons , Lane. DIST. 1000 SECTION 063.0.0 BLOCK 01.00 LOT 010.000 7. t, "SCHEDULE B" CONSENT OF MORTGArrr/LIENOR DECLARANTS PUDOE CORP. H.D. REC. wo. OR NAME OF SUB-DIVISION: C10-90-012 In the matter of the application of FUDGE, the undersigned, as holder of a mortgage or lien on premises described in Schedule "A" annexed hereto, hereby consents to covenants and restrictions. on said premises atW heraby subordinates its t mortgage or lion on the premises described in said SCHEDULE "Af°. yLE� K �'OR 8AVIHGS BY: I-I'LAJ STATE OF NEW YORK ) COUNTY OF NASSAU )sS= ON TIM (��� AY OF �J.,j1990, before me personally camel .1 �•- �tr"L . , to me known, �aho, being by duly sworn, di depo e d say that ha resides at b .I �� l.n `►� t.�C N / ; that he is the (/.c t ► ' of A4LE BAPK FOR SAVINGS, the banking corporation described in and which executed the foregoing instrument; t Go. flerperitir-ffWaTr that ' rdor. on, -and that he signed his name thereto by like orde • / La_ NOTARY-MLIC,STATE OF KEW'Tft llMtry OWN A. .wAftiM, r.M oe�etnaM sem w n►titan -7- ••f'1, ti•��i�:r'i' ,:( ,8}.M -.����.:}...�"J�.��:1, '<<i.-: ...Y'i rtl;.a,P.v.d•-:".i. ��:.1 i;�'� ' .r.�e:•'�7:.N�-�c:• � .• '. r ', ,,,. ., n ri:!iM�tyv.t�:fi,.•: �: +~tit•s. ,• .. .. � . . . 4•, .'� � • ' • ii,�'. ::�..:1.,, • ' t - COQ �.� . TOWN OF SOUTHOLD PROPERTY RECORD CARD`—- STREET ARD' 'STREET :. VILLAGE DIST. SUB. FORMER OWNER E ACR. `- e �'{� S r W TYPE OF BUI('D`7 .IiV RES. !SEAS. VL. FARM com, CB. _ MICS. Mkt. Value _ — 421 . � . . . kND IMP. TOTAL. DATE REMARKS MA b O 5 afc 3��fly Sa-t G S a-.,- c, P, r� ,� Gf3l /{ �? 4� 3 2 SOt�a Z -7 c>o c1 �3 I 13[3 ti�� Cry Z Sr ,r; ; . .. � ts'. '.. -.. - 000 J ' 3 S U 44' f d _ z -:-L 231 - : . - 46 AGE BUILDING CONDITION NEW NORMAL BELOW ABpVE FARM Acre 4 Value Per Valbe Acre I :.. . .. Tillable FRONTAGE ON WATERq. - Woodland or FRONTAGE ON ROAD 2 � ; _ v cry Meadowland DEPTH , House Plot r-e- BULKHEAD _ Tota — DOCK bc�c-) COLOR !e!i!!i■ii , ■lies ��'��li ■ ■e����ee�r��ie ■�eeeee�� ■�i■i■■i■■■il�ili �l�� ■■�■!!!■■ ■iei�il�li■�■f!i ■ee�e�el��t�e! A i �e■■e�e�i�ei■�■ee■e�■�■eee ■��ee!■!■■eei!■!■■iifi�'i�r7�-i'� �i�■�e�■ll�i�e■��eiel�'■�■t�� ■■ ■e ■ ilii ■ ■�Sei!■■■■i ! _ _ _ - ■ ■��■moi! -F:FFI- ■■ '*!e■e■ileeeli�e�le +t .. .. Both :. Porch Interior' Finish Ext. Walls LR Breezeway Fi re P I ace Heat Garage PatioType Roof Recreation RoomRooms 2nd Floor • B, DormerDriveway Total ■i■i■!i«■■i■■■ii�li ■imi■l,ii■nIla !,■■■■i!■0, LIS on . . J mom no mom soon mom MEN MERE so OF m IND. OR MEN LN ON �mom■■■SNUB ■■i,■i■■■ NOME■mom NNE i■■■■ii■i iii■ii■ ■IDS■■■ ■i ion ONE 0 Foundation Fire Place Rooms Ist Floor - • • • r r J a _ RF Exposure Analysis for Proposed New Cingular Wireless PCS LLC Antenna Facility Site ID: LI-1025 r- t� Jan 18,2010 1 Soot7;old Lavin a Boar Prepared by Azad Karim r�o 0 RF Engineer ' Bechtel Communications,Inc. i t New Cingular Wireless PCS,LLC Table of Contents 1. INTRODUCTION...................................................................................................................................................3 2. SITE DATA..............................................................................................:...............................................................3 3. PROJECT DESCRIPTION...................................................................ERROR!BOOKMARK NOT DEFINED. 4. RF EXPOSURE PREDICTION.............................................................................................................................4 5. FCC GUIDELINES FOR EVALUATING THE ENVIRONMENTAL EFFECTS OF RF RADIATION.....4 6. ' COMPARISON WITH STANDARDS..................................................................................................................4 7. CONCLUSION........................................................................................................................................................5 8. FCC LMTS FOR MAXIMUM PERMISSIBLE EXPOSURE.........................................................................6 9. EXHIBIT A—CELLULAR SYSTEM...................................................................................................................7. 10. EXHIBIT B—PCS SYSTEM..................................................................................................................................8 11. EXHIBIT C—CUMULATIVE POWER DENSITY AT THE SITE..................................................................9 12. CONTACTS...................................................................................................... ................................................10 13. REFERENCES......................................................................................................................................................10 2 0 New Cingular Wireless PCS,LLC 1. Introduction This report constitutes an RF exposure analysis for the proposed Cingular Wireless antenna facility to be located at , 1040-B Hotons Ln, Southhold,New York,. This analysis uses site-specific engineering data to determine the predicted levels of radio frequency(RF)electromagnetic energy in the vicinity of the proposed facility and compares those levels with the Maximum Permissible Exposure (NTE) limits established by the Federal Communications Commission. 2. Site Data AT&T Site Name: Southold Village Number of simultaneously operating channels GSM850:4-4-4 GSM1900:4-4-4 LTMTS1900: 1-1-1 .UMTS850: 1-1-1 Type of antenna DBXLH-8585A-R2M Power per channel(Watts ERP) GSM850:500 Watts GSM1900:800 Watts UMTS1900: 800 Watts LMTS850:500 Watts Antenna Center Line feet AGL 73 feet Antenna Aperture Length 4.24 feet 3 New Cingular Wireless PCS,LLC 3. RF Exposure Prediction The following equations.established by the FCC,in conjunction with the site data,were used to determine the levels of RF electromagnetic energy present in the vicinity of the proposed facility : 0.64*N*EIRP(0) PowerDensity= z (mw�cm2j Eq.1-Far field �*R Where,-N=Number of channels,R=distance in cm from the RC (Radiation Center) of antenna, and EIRP(a =The isotropic power expressed in milliwatts in the direction of prediction point. P /ch*N*103 PowerDensity= 2* *R*h*a/360 (mw�cm2) Eq.2-Near-field Where P Ich=Input power to antenna terminals in watts/ch,R=distance to center of radiation, h=aperture height in meters, a =3 dB band-width of horizontal pattern. 4. FCC Guidelines for Evaluating the Environmental Effects of RF Radiation In 1985,the FCC established rules to regulate radio frequency(RF) exposure from FCC licensed antenna facilities. In 1996,the FCC updated these rules,which were further amended in August 1997 by a Second Memorandum Opinion and Order. These new rules represent a consensus of the federal agencies responsible for the protection of public health and the environment, including the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), the National Institute for Occupational Health and Safety (NIOSH), and the Occupational Safety and Health Administration(OSHA). Under the laws that govern the delivery of wireless communications services in the United States, as amended by the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over RF emissions from personal wireless antenna facilities,which include cellular,PCS,messaging and aviation sites.2 Pursuant to its authority under federal law,the FCC has established rules to regulate the safety of emissions from these facilities. 5. Comparison with Standards Exhibit A shows the levels of RF electromagnetic energy for the Cellular system as one moves away from the antenna facility. As shown in Exhibit A,the total maximum power density is E7* W/cine which occurs at approximately 450 feet from the antenna facility. 1 RF exposure is measured and predicted in terms of power density in units of milliwatts(mV4,a thousandth of a watt,or microwatts(y R),a millionth of a watt,per square centimeter(cm2). Data comparing predictive analysis with on site measurements has demonstrated that power density can be effectively predicted at given locations in the vicinity of a wireless antenna facility. 2 47 U.S.C.Section 332(c)(7)(B)(iv)states that"[n]o 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 Commission's regulations concerning such emissions." 4 i New Cingular Wireless PCS,LLC Exhibit B shows the levels of RF electromagnetic energy for the PCs system as one moves away from the antenna facility. As shown in Exhibit B,the total maximum power density is 23which occurs at approximately 100 feet from the antenna facility. Exhibit C shows the cumulative levels of RF electromagnetic energy for the site,as one moves away from the antenna facility. As shown in Exhibit C,the total maximum power density is()a- t MTI which occurs at approximately 100 feet from the antenna facility. Table 1 below shows the Maximum Permissible Exposure(MPE)limits established by the FCC. There are different MPE limits for public/uncontrolled and occupational/controlled environments. Table 1:Maximum Permissible Exposure(MPE) limits for RF radiation Frequency Public/Uncontrolled Occu adonal/controlled Cellular 579 fl W/cm2 2,897 ,u W/cmZ PCs 1000 f[W/cm2 5,000 a W/cm2 The maximum cumulative power density at the proposed facility represents only OM of the public/uncontrolled MPE limit which is 357.47 times lower than the MPE limit for uncontrolled environment. 6. Conclusion This analysis shows that the maximum power density in accessible areas at this location is well below the Maximum Permissible Exposure limit established by the FCC. 5 New Cingular Wireless PCS,LLC 7. FCC Limits for Maximum Permissible Exposure 'fie-wave• "Otrlaler .-PtiOc t' _ -. JOG t v r. .� pCS:1000uw/cm2 CL - Cellular.550 uw/cm2 Q, �. 30 3 ; 3C1�3 30,000 �3£?€�,tlf� 1.34 1,500 100,000 F n (M. _. 6 New Cingular Wireless PCS,LLC 8. Exhibit A—Cellular System Plot showing the variation of the power density of the antenna system as a percentage of the FCC limits for the facility (shown on the Y-axis) versus the horizontal distance along the ground (shown on the X axis) duectly in front of the antenna sector. The maxvnui ualu is 0Oo ath� FCC'�mrts"fc% MP �fo uncont�alled environment;which occur afaistanceof apprbtmatfy 450 feetitn ori fhe aptenna, As illustrated by the chart below, the total power density for 850 MHz signal is almost negligible. 100% of Controlled Limit itrolled MPE Result ® ®100% of Uncontrolled MPE -5 % of Uncontrolled MPE 20 cm (0.656 ft) -Predicted Power Density w 10000 ( 1000 s yr 100 R �. MMr � x '- 10 c Q Ua "'r.' " -'a's 5 � 0.1 � 0.01 -° 0.1 1 10 100 1000 10000 Horizontal Distance From Antenna,ft Arif R.Malick,P.E.,C.M.E. Ma/ick & Scherer, P.C. Mks Principal Glenn J.Scherer,P.E. Principal Consulting Engineers • Construction inspectors • Land Surveyors Colleen Connolly,P.E. Associate Robert Zalewski,P.E. Associate January 26,2010 Michael J.McAlpin,P.L.S. Director of Surveying Steven C.Ragazzo,P.E. Director of Structures Town of Southold 53095 Route 25, PO Box 1179 Southold, NY 11971 RE: New Cingular Wireless PCS, LLC Site#LI-1025 1040-B Horton's Lane Southold, NY 11971 District 1000,Section 63, Block 1, Lot 10 Dear Building Official, New Cingular Wireless PCS, LLC is proposing a 72'tall unipole, mounted atop a 3'tall caisson (75' overall height to top of structure), and accompanying equipment on the above referenced property. Our client requires the pole and foundation to be designed to meet all applicable codes and requirements including, but not limited to,The Building Code of New York State,TIA/EIA-222-F and TIA/EIA-222-G. The unipole manufacturer will provide a structural analysis that will comply with the codes and requirements listed above. The accompanying equipment will be located within the adjacent storage facility building. The equipment will be set on the existing concrete slab.The concrete slab has adequate structural capacity to support the equipment as proposed. Please feel free to contact me with any questions or concerns. Ve i G NY st gineer#075376 _ Sou'�i�old lavtn One Salem Square•295 Route 22 East•Whitehouse Station, NJ 08889 Phone(908)534-4995 • Fax(908)534-0507 • www.malickandscherer.com UES License-Cellular Licens CNKA310-NEW CINGULAR W1REL—:3 PCS,LLC, Page 1 of 2 1 t- FCC Home } Search } Updates } E-Filing } Initiatives For Consumers Find People Universal Licensing System FCC>wTB>uu> oniine Systems> License Search FCC Site Map ULS License Cellular License - KNKA310 - NEW CINGULAR WIRELESS ®HELP PCS, LLC New Search C� Refine Search 9` Return to Results Printable Page Reference Copy �T, Map License ® This license has pending applications: 0004078789 Call Sign KNKA310 Radio Service CL- Cellular Status Active Auth Type Regular Market Market CMA001 - New York, NY- Channel Block A (View Frequencies) NJ/Nassau-Suffolk Submarket 0 Phase 2 Dates Grant 08/16/2005 Expiration 10/01/2015 Effective 03/16/2010 Cancellation Five Year Buildout Date . 01/17/2000 ' ( . l x Control Points 1 87 W. PASSAIC STREET, ROCHELLE PARK, NJ 2 Manhattan Switch, 810 7th Avenue, New York, NY , • - Licensee FRN 0003291192 Type Limited Liability Company (View Ownership Flllng) Licensee NEW CINGULAR WIRELESS PCS, LLC p;(469)229-7471 5601 LEGACY DRIVE, MS: A-3 PLANO,TX 75024 F:(469)229-7297 ATCN FCC Group E:LG5201@ATT.COM Contact AT&T MOBILITY LLC P;(202)457-2055 Michael P Goggin F:(202)457-3074 1120 20th Street, NW, Suite 1000 http://wireless2.fcc-gov/UlsApp/UlsSearch/license.jsp?licKey-13092 5/27/2010 ULS License- Cellular Licens, :NKA310-NEW CINGULAR WML_�.:j PCS,LLC Page 2 of 2 Washington, DC 20036 E:MG7268@att.com ATTN Michael P. Goggin Ownership and Qualifications Radio Service Mobile Type Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No"to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No"to each of the Basic Qualification questions. Demographics Race Ethnicity Gender ULS Help ULS Glossary-M- Online Help-Technical Support- Licensing Support ULS Online Systems CORES -ULS Online Fllina -License Search-Application Search -Archive License Sea rch About ULS Privacy Statement-About ULS-ULS Home Basic Search 113y Call Sign FCC I Wireless I ULS I CORES HeIp_ I Tech Support Federal Communicatlons Commission Phone: 1-877-480-3201 445 12th Street SW TTY: 1-717-338-2824 Washington, DC 20554 Submit Help Request htip://wireless2.fee.gov/UlsAppiUlsSearch/license.jsp?licKey=13092 5/27/2010 ULS License- Cellular License- ,KA310-NEW CINGULAR°WIRELEuu CS,LLC-F... Page 1 of 1 o FederalFCC SCC Home I Search I Updates I E-Filing I Initiatives I For Consumers I Find People CommissionCommunictions . Universal Licensing System FCC>WTB> ULS >online Systems > License Search FCC Site Mao ULS License Cellular License - KNKA310 - NEW CINGULAR WIRELESS 7? HELP PCS, LLC - Frequencies Q" New Search 0 Refine Search , Return to Results &Printable Page ft Reference Coon �A Mao License Call Sign KNKA310 Radio Service CL-Cellular P Return to Main A Block 824- 835 MHz paired with 869 - 880 MHz 845 - 846.5 MHz paired with 890 - 891.5 MHz ULS Help ULS Glossary- FAQ-Online Help-Technical Support- Licensing Support ULS Online Systems CORES- ULS Online Filing - License Search -Application Search -Archive License Search About ULS Privagy Statdme t-About ULS-ULS Home Basic Search 1 By Call Sign FCC I Wireless I ULS I CORES Help I Tech Support Federal Communications Commission Phone: 1-877-480-3201 445 12th Street SW TTY: 1-717-338-2824 Washington, DC 20554 Submit Help Reguest htto://wireless2.fcc.2ov/UlsApp/U1sSearch/frequenciesCell.j sp?licKey=13092&channelBlock... 5/27/2010 'ULS License-PCS Broadband L ise-WQGG892-NEW CINGULAR N,xxxELESS PCS,L... Page 1 of 2 -■- . FCC Home I Search I Updates I E-Filing I Initiatives I For Consumers I Find People CommissionCommunications Universal Licensing System FCC > WTB> ULS >Online Svstems> License Search FCC Site Man ULS License PCS Broadband License - WQGGS92 - NEW CINGULAR [EHELP WIRELESS PCS, LLC o New Search C� Refine Search , Return to Results Printable Page Reference Copy , ,.Map License ® This license has pending applications: 0004078789 Call Sign WQGG892 Radio Service CW - PCS Broadband Status Active Auth Type Regular Market Market MTA001 - New York Channel Block A Submarket 14 Associated 001850.00000000- Frequencies 001865.00000000 (MHz) 001930.00000000- 001945.00000000 Dates Grant 11/21/2006 Expiration 12/14/2014 Effective 03/16/2010 Cancellation Buildout Deadlines 1st 2nd Notification Dates 1st 2nd Licensee FRN 0003291192 Type Limited Liability Company (View Ownership Filing) Licensee NEW CINGULAR WIRELESS PCS, LLC 5601 LEGACY DRIVE, MS: A-3 P:(469)229-7471 PLANO TX 75024 F:(469)229-7297 - .__.- ._, p E:LG5201@ATT.COM � - . 1� ATTN FCC Group �,�,, L �"-_ -`_............ 2_ Contact — AT&T MOBILITY LLC ' Michael P Goggin P:(202)457-2055 1120 20th Street, NW, Suite 1000 F:(202)457-3074 http://wireless2.fcc.gov/U1sApp/U1sSearch/license.jsp?licKey=2873503 5/27/2010 ULS License-PCS Broadband L=_,_-_Ase-WQGG892-NEW CINGULAR yvucELESS PCS,L... Page 2 of 2 Washington, DC 20036 E:MG7268@att.com ATTN Michael P. Goggin Ownership and Qualifications Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No"to each of the Alien Ownership,questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Demographics Race Ethnicity Gender ULS Help ULS Glossary-M-Online Help-Technical Support-Licensing Support ULS Online Systems CORES - ULS Online Filing- License Search-Application Search -Archive License Search About ULS Privacy Statement-About ULS- ULS Home Basic Search By Calf Sign FCC I Wireless I ULS I CORES Help I Tech Support Federal Communications Commission Phone: 1-877-480-3201 445 12th Street SW TTY: 1-717-338-2824 Washington, DC 20554 Submit Help Request http://wireless2.fee.gov/UlsApplU1sSeateb/license jsp?licKey--2873503 5/27/2010 _ r ..ULS License.-PCS Broadban&_:=tense-WPOL311 -NEW CINGULAR W iAELESS PC... Page 1 of 2 FCC Feder@1 FCC Home, I Search I Updates I E-Filing I Initiatives For Consumers I Find People o: Comnnunications Comr Universal Licensing System FCC>WTB>ULS > Online Systems>Ucense Search FCC Site Map ULS License PCS Broadband License - WPOL311 - NEW CINGULAR [N HELP WIRELESS PCS, LLC New Search (,. RRQfine Search Return to Results Printable Page (h Reference Copy ,aw Map License r ;.;.��1iii�liN; : <<�.°�ui►>�'��: ac��'[olNs�; ® This license has pending applications: 0004078789 Call Sign WPOL311 Radio Service CW - PCS Broadband Status Active Auth Type Regular Market Market BTA321 - New York, NY Channel Block E Submarket 2 Associated 001885.00000000- Frequencies 001890.00000000 (MHz) 001965.00000000- 001970.00000000 Dates Grant 08/15/2007 Expiration 06/27/2017 Effective 03/16/2010 Cancellation Buildout Deadlines 1st 06/27/2002 2nd Notification Dates 1st 05/29/2002 2nd Licensee FRN 0003291192 Type Limited Liability Company (View OwnershipFiling) Licensee NEW CINGULAR WIRELESS PCS, LLC P:(469)229-7471 5601 LEGACY DRIVE, MS: A-3 -- F:(469)229-7297 PLANO, TX 75024 I- ATTN FCC Group E:LG5201@ATT.COM -_- f r j JUS - 2 QbiU i Contact AT&T MOBILITY LLC ,;,i� Michael P Goggin P:(202)457-2055 - _ _',r, 2 u`rr� 1120 20th Street, NW, Suite 1000 F:(202)457-3074 J htfin-.//wireless2.fcc.izovfUlsAup/WsSearch/license jsp7licKey-1066257 5/27/2010 U9S License-PCS Broadband__.__,-nise-WPOL311 -NEW CINGULA.R :..�zMLESS PC... Page 2 of 2 Washington, DC 20036 E:MG7268@att.com ATTN Michael P. Goggin Ownership and Qualifications Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No"to each of the Allen Ownership questions. Basic Qualifications The Applicant answered "No"to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Demographics Race Ethnicity Gender ULS Help ULS Glossary- &Q-Online Help-Technical SupporC- Licensing Support ULS Online Systems Search- ULS Online Filing - License Search -Application Search-Archive License About ULS Privacy Statement-About ULS.- ULS Home Basic Search By Call Sign FCC I Wireless I ULS I CORES Heir) I Tech Support Federal Communications Commission Phone: 1-877-480-3201 445 12th Street SW TTY: 1-717-338-2824 Washington, DC 20554 Submit Heir) Request http://wireless2.fee.gov/U1sApp/U1sSearch/license jsp?licKey--1066257 5/27/2010 i C ��� Anf R.Malick,P.E.,C.M.E. Ma/ick & Scherer P, Principal Glenn J.Scherer,P.E. Principal Consulting Engineers • Construction Inspectors •Land Surveyors Colleen Connolly,P.E. Associate Robert Zalewski,P.E. Associate May 21, 2010 Michael J.McAlpin,P.L.S. Director of Surveying HugoArellano Steven C.Ragano,P.E. g Director of Structures Project Controls & Resident Engineer AT&T Mobility Project Bechtel Communications 100 Paragon Drive Suite 275- Mailbox#12 Montvale, NJ 07645 _ RE: AT&T Site 1-11025 1040 Horton's Lane Southold, NY 11971 ` `, ; J UUTI 2 220 f j�,4,{,p?�''�vrn Dear Mr. Arellano, - a '1 M&S The antennas within the pole are fed by coaxial cables routed from the equipment room. The coax cable routing is proposed to be underground and will enter the Unipole through the base. As such, the cables will not be visible. The proposed equipment room will utilize telephone and electric service from the local utility providers. All utility routing, from the utilities' source(s) on the property to the equipment room, is proposed to be underground, also creating no visual impact. Methodology: To establish the visibility of the proposed pole, a balloon test was conducted by an M&S field technician. The test took place on 04/13/10, prior to the growth of the annual foliage, thereby maximizing the visibility of the balloon. The balloon test consisted of a 40" diameter red helium balloon, tethered to the ground, such that it obtained an overall height of 75' above grade. Three additional tethers were attached to the balloon and anchored to the ground, in a triangle pattern, such that the balloon maintained positional stability for the duration of the test. The field technician traveled each roadway around the site, in all directions, to determine locations where the balloon was visible. The views of the weather balloon were photographed. The photograph number and corresponding location was recorded on a satellite image of the area. These photographs were used, herein, to illustrate the visual impact of the proposed Unipole, in eight photo simulations, with "before" and "after" depictions. A photo simulation is created by digitally manipulating a photograph, using Adobe Photoshop, to remove the red helium balloon and to insert an image of a Unipole in its place. The Unipole image is accurately scaled, relative to the observed height and the known diameter of the balloon. The Unipole image is colored and shaded relative to the direction and intensity of the ambient light in each photograph. A key map is provided to identify the location for each photo simulation. This key map also depicts the line of sight and the sight distance from the photograph location to the proposed Unipole. Findings: The extent of visibility for the proposed Unipole varies by vantage point. The area of greatest visibility is directly to the west of the subject property, along Horton's Lane. The view from this -350' stretch of roadway, adjoining the subject site's front property line, is intermittently obstructed by individual deciduous trees and two commercial buildings. The trees are -30' - 40' in height, -40' on center, for the entirety of the property's frontage, and set back -15' from the edge of Horton's Lane. Due to the trees' close proximity to the roadway, relative to that of the proposed Unipole (-300' setback from the edge of Horton's Lane), they provide reasonable screening, of the entire height of the pole, when they are located between the observer and the proposed Unipole. The quality/degree of the trees' screening is seasonal, as they are deciduous. n�&s The two commercial buildings on the property are -18' high, -80 wide (each) and -85' from the edge of Horton's Lane. When located between the observer and the proposed Unipole, they completely screen the bottom 50' +/-of the pole along a total of-160' of the properties frontage. Taking into account the screening from the trees and the buildings, the pole is only completely visible for an -60' stretch of Horton's Lane, directly in front of the property's driveway, and is partially to mostly screened for the remainder of the property's frontage. The view from in front of the property's driveway is depicted in Photo Simulation PS1, located in Appendix A. The Unipole will be partially/intermittently/seasonally visible along a -700' stretch of Traveler Street, beginning at the intersection with Horton's Lane, and traveling eastward. The view from this area is largely screened by a dense stand of -20' - 30' tall trees to the south of the Long Island Railroad (LIRR) easement and a second dense stand of -30' - 40' tall trees to the north of the LIRR easement. Due to the close proximity of these trees to Traveler Street, relative to the large distance to the proposed Unipole (-480' from the northern edge of Traveler Street), the screening is largely effective for the full height of the Unipole. While the trees are predominantly deciduous, interspersed conifers create sections of seasonally independent screening. Photo Simulation PS2, located in Appendix A depicts the view of the Unipole from Travelers Street, in the "leaf off' condition. The visibility of the structure, through the two dense stands of trees, will be reduced by the presence of the seasonal foliage. The Unipole will be partially visible from locations within the Founder's Village Condominiums. From these locations, the bottom of the pole is completely screened by the condominiums' perimeter of coniferous trees. A second stand of dense, predominantly deciduous trees is located along the rear property line common to the subject site and the condominiums' lot. These trees seasonally increase the degree of screening provided by the stand of conifers. Photo Simulation PS3 and PS4, located in Appendix A, depicts the view of the Unipole from the condominium's roadway. Photo Simulation PS3 is from the southern-most portion of the roadway, which has the shortest line of site distance to the proposed Unipole from anywhere on the condominium's roadway. Photo Simulation PS4 is taken from 1,175' sight line distance to the proposed Unipole, from the Founder's Village Condominiums roadway. In this image, the proposed Unipole is just visible above the distant tree line. Notably, as an observer increases the distance to the Unipole, the visual impact decreases, as is governed by the acuity of the observer's eyesight. Photo Simulations PS4 through PS8 illustrate that the visibility of the Unipole is significantly reduced by the observer's capacity to perceive it, against the background of the sky, at distant locations. Photo Simulation PS5 also illustrates this point. This view of the proposed pole is taken from Young's Avenue, just north of the intersection with Traveler Street. The site line distance from this location is approximately 1,425'. Due to the minimal visibility of the pole, a callout arrow has been added to the photo simulation to aid in locating the pole amongst the trees. Likewise, in Photo Simulation PS6, taken from along Horton's Lane, with 1,325' site line distance to the proposed Unipole, the visibility is nominal. The callout arrow was added assist in locating the pole amongst the trees. Notably, its appearance is nearly indistinguishable. [ 1 M&S Photo Simulations PS7 and PS8 are taken from Middle Rd., 2,000' and 1,825', respectively, site line distance to the proposed Unipole. As with the other photo simulations from distant locations, a callout arrow has been to aid in locating the Unipole in the rendering. Conclusion: The visual analysis/balloon test successfully identified the locations of the greatest visibility of the proposed Unipole, as well as the extents of the visibility throughout the surrounding public areas. A nominal area of full visibility is located directly in front of the site, along Horton's Lane. In all other areas, from all other vantage points, the pole is partially to completely screened by the existing trees and other structures. a kik :.i.lNllll. y a;k -'xN4 Al dl • r I° 1 � b , wY ah't « d III Viq` ,fpm r 41 k I, sl a 9nmll °u 0 r " 2 11,4 NI"rr� jlfF Iglu Ir I1111l.'r 111 PROJECT" 1 I P INFORMATION: 501 / / V(� SITEA: L11025 °I�I�IIi W I' 100 HORTONS LANE q ° 1 ,17 �� t "� SOUTHOLD. NY 11971 "'' p r l 1j1 MAL I CK A 5CHFRf-R, P.C a t&t 1 11`4 �,lltllWl ONSUr/f.V iAC1WfRS DATE ISSUED: 05/21/10 vi CONSTR(,CT/ N /NSPECTp45 IllJug '1r �r L.4,40 SURVEYg45 A/E PROJECT NO.: 09BEC008 aLo ONE SALEM SOUARE. 295 RT.22E New C;n lOr Wireless PCS. LLC Ilk,�>Ir -� y M11 TEHOUSE STAT ION. NJ 08889 333 Cross.oys Pork pr. VISUAL ANAL YS I S 1„ - firl' PMONEs 988 534.4995 Woodbury, NY 11797 VANTAGE POINT E X k 4, `T FAX: 988.534.8587 KEY MAP tP *y 1'I i gip. 25 ��� PROJECT INFORUATION: `� 40 HOs ONSL11LA ���� 101p MORTONS LANE MAL/CK d SCHERER, P.C SouTMao. NY 11971 pvSLL T/MG EM;/AC.FR DATE ISSUED: 05/21/10 CoNsrfiLCT/61V /MSPECTLwS LAW SWVEYORS A/E PROJECT NO.: 09BEC008 ONE SALEM SOUARE. 295 RT.22E New C;nqubr W rektss PCS. LLC PHOTO$I uUL AT ION 1MITEMOUSE STATION. NJ !8889 333 Crossroys Pork Dr, VIEW FROu PHO1Es 988-534.4995 Woodbury. NY 11797 MORTONS LN. PS 1 b 88 FAX, 9 -534-8587 - BEFORE - f ' A aw„xxua MSS PROJECT INFORMATISITExt Ll ON: 100 NORTONS LANE MAL/CK s $CHERER, P.C at&t SOUTNOLD. Nr 11971 L1VSUTIAC EACIACERS `VVt�` DATE ISSUED: 05/21/10 CLW57ROCT/OV lWi"CrORS LAAO ARWYORS A/E PROJECT NO.: 09BEC008 ONE SALEM SQUARE. 2% R7.22E New Cinquior Wireless PCS. LLC IPNOTOSIMULATIONI MaITENOuSE STATION. NJ 08889 333 Cross.oys Pork Or. VIE* FROM PHONE, 908.5»-49% Woodbury. NY 11�9� NORTONS LN. P S 1 08Q FAXf 9 .594.0507 - AFTER - , i M& PROJECT INFORMATION: w " SIiMO Llt025 at 100 MORTON$ LANE MAL/CK d SCHERER, P.C 1 Q�� SOUTHOLD. Nr 11971 A 5t[ 7/AC EAVIACERS `&` DATE ISSUED: 05121110 CONSTRWr/ON /NSPECr0RS 44A49 swWrYp9S A/E PROJECT NO.: 098EC008 ONE SALEM SQUARE. 295 RT.22E No C;nquior Wireless PCS. LLC PHOTOSIMULATION wmITEHOUSE STATION. NJ 08889 333 Cross.oys Pork Dr. VIEN FROM PHONEr 908.534.4995 Woodbury, Nv 11797 TRAVELER ST. PS2b FAXI 908.534.8587 - BEFORE - i M, s ............ M&S PROJECT INFORMATION: SITEsr: L11025 at j 1040 HORTONS LANE MAL/CK d gCH£RER, P.C 1 Q�1 SOUTHOLD. NY 11971 LWSGC71ACFACIACERS `&t DATE ISSUED: 05/21/10 COVSTRLCT/L)V 116PECrORS LAAD SLOWYORS A/E PROJECT NO.s 09BE0008 ONE SALEM SOUARE. 2% RT»22E Ne. Cinqulor Wirelfts PCS, LLC PHOTOS I AULAT ION WHITEHOUSE STATION, NJ 08889 333 Crossroys Pork Dr. VIEW FROM PHOS* %8-534.49% Woodbury, NY 11797 TRAVELER ST. PS2Q FAX, 988-534.8587 - AFTER - Ask -mss• _ PROJECT INFORMATION: / v/ 0 4111110=00 SITE+:: L 1 1025 _ Q( l l 1040 NORTONS LANE m4UCK a ,SCHERER, P.C `�` SOUTMOLD. Nr 11971 aVSLC T/AG EAC1A4FERS `v�` DATE ISSUED: 05/21/10 CONSTRLCTlow /NSPECTp95 L� SUAYEYL RS A/E PROJECT NO.: 09BEC008 _ ONE SALEM SOUARE. 245 RT.22E H MULA N wHIiENOUSE STATION NJ 88889 New Cinqutor wireless PCS. LLC VIEW FROM PHONE: USE STAT IONS 333 Cross.o�my Pork Or. FOUNDERS V I L L AGE FA%r 988.534-8507 Woodbury, __" 11797 CONDOMINUM ROAD PS3b FORBEE x � Q PROJECT INFORMATION: MC.JC " Y _ SITE+r: L l t 025 _ --- 9 1O40 HORTONS LANE SOUTHOLD. NY 11971 - MAL/CK d 5CHERER, P.C j� tl&� UVSGCT/AC EAVIAfERS �i a ` DATE ISSUED: 05/21/10 CGWSTRIICTILW INSPECIQ45 LAND SU9YEY&95 A/E PROJECT NO.: 09BEC008 ONE SALEM SQUARE. 295 RT.22E PHOTOSIMULATION wHITEHOUSE STATION. NJ 08889 Ne" Cinqulor Wirektss PCS. LLC VIEW FROM PHONEr 988-534-4995 333 Cross.oys Pork Or. FOUNDERS VILLAGE PS34 FAXt 988-5354-ON7 Woodbury. M' 11797 CONDOMINUM ROAD AFTER - r 1 r , F it cPROJECT INFORMATIONS MQ(J SITED: � 10A0 HORTONS NS LANE MAL/CK A SCHERER. P.C r �Q,� SOUTHOLD. Nr 11971 LWSLC7/AC EACIA� at &t\�`■ a VC DATE ISSUED: 05/21/10 CaVSMUCTI&V /nSPECrORS Aw SU9YEYG195 A/E PROJECT NO.: 09BEC008 L ONE SALEM SOl1ARE. 2% RT.22E H MULA N rrll iENOUSE STATION. NJ !8889 Now Ggulor W;reless PCS, LLC VIEW FROM PNOFE: 988 536.6995 333 oodbury. Pork Dr. FOUNDERS V I L L AGE P S 4 b FAxt 9i8.53�-0507 Nr CONDOMINUM ROAD BEFORE - e r � r� r s #- PROJECT INFORMATION: 11025 /6(S v 10AOTHORTONS LANE � MAL/CK d ' $OUTHOLD. NY 11971 - CHERER, P.C S �/ dVSGC T/AU^ EAG/ALDERS �/ a t ` CQDATE ISSUED: 05121 110 v57RGrT/Av/A�SPECTp4S LAl1b SlA4YEYp4S A/E PROJECT NO.: 09SEC008 ONE SALEM SOUARE. 295 RT.22E H MULA N 1e11 TEHOUSE STATION. NJ !8889 " Cin Wireless PCS, LLC V I EM FROM PHOrEs 988 534-4995 333 Cr Woodbury. s Pork 7 FOUNDERS VILLAGE PS4 Q FAXs 988-534-8587 Woodbury. M' 11797 CONDOMINUM ROAD AFTFR - �a rr Suflolk Security Systems 1. S PROJECT INFORMATION: Q 1010 HOR T ONS LANE (},[�I ��^ t SOUTHOLD. NY 11971 MAL/CK d 5CHERER. P.C T/nC EACIACEAS �� DATE ISSUED: 05/21/10 CONS TR[CT/Lri /NSPECTORS L A1117 S[A4YEYa9LWS __/ A/E PROJECT NO.: 09SECO08 ONE SALEM SOUARE. 2% RT.22E Ne+ Ci ulor Wireless PCS, LLC PHOTOSIMULATION kMiTEHOUSE STATION, NJ 08889 333�Cross.oys Pork Dr. VIEM FROM PHoNEr 988-534-4995 Woodbury, NY 11797 YOUNGS AVE. P S 5 b cpxr 988.531-8587 - BEFORE - Proposed Un i po I e �'" Af -T Su ork _ Systems 1M PROJECT INFORMATION: _ C SITE=: LI1025 040 at t SNS LANE OU M D TONY 1971 a °MAL/CK d CHER£R, P.C �.A `8A �i ONSUr/M;CA AL DATE ISSUED: 05/21/10 C0NSTR6CrIov INSPECTORS ��/ LOAD SLOVEYORS A/E PROJECT NO.: 09BEC008 ONE SALEM SOUARE. 295 RT.22E rNl TEHOUSE STATION NJ 08889 Ne. Cirpulor wireless PCS, LLC PHOTOS IMULAT ION PHI Ef %8 534-4q% 333 Crosswroys Pork Or. VIEW FROM C FA%s 908-535.0587 Woodbury NY 11)97 YOUNGS AVE• P J 5 Q AFTER - f y I x. M&S PROJECT INFORMATION: SITE a: ON 25 LA 100 HORTONS LANE MAL/CK d SCHERER, P.C � Q,� SOUTHOLD. Nr 11971 QNSCK T/NG EhG/AVERS ��� at VC` DATE ISSUED: 05121110 CONSTRLCr/D0V 1NSPECT00?5 LAMS S(/RYEY6]95 p/E PROJECT NO.: O98E0O08 ONE SALE I SOUARE. 295 RT.22E New C;nguior Wireless PCS. LLC PHOTOSIMULATION rHIiEHOUZ STATION. NJ 98889 333 Crossroys Pork Or. vIEw FROM 18-53 4.4995 Woodbury, Nv tt797 HORTONS LN. P S 6 b vax� 998-59�•e597 - BEFORE - / N Proposed Un i po i e s *4� I A�!!�� AT M&� PROJECT INFORM SITE++: L 1 1025 100 NORTONS LANE MAL/CK d SCHERER, P.C Q S QVSGC T/AG Eh /75 t&t DATE ISSUED:UED: D. NY 11971 05/21/10 CLWSTRGCrIONT/Qv StRWYQ9S / Q45 LAW SURvE rA/E PROJECT NO.: 09BEC008 ONE SALEM SQUARE. 295 RT-22E New C;nquior w;reless PCS. LLC PHOTOSIkULATION kHITEHOUSE STATION. NJ 88889 333 Cross.oys Pork Dr. VIEW FROM PH01Er 988-534.4995 wooAbury, NY 11797 HORTONS LN. P S 6 Q FAX, 908.534-9507 - AFTER - a r T — ��� PROJECT INFORMATION: SITE a: L 1 1025 1040 MORTON$ LANE ERER, AC a�Q�� SOUTHOLD. Nr 11971 MALICK A 5CH GWSGCr1AC ENGINEERS DATE ISSUED: 05/21/10 CONSTRUCTION INSPECTORS A/E PROJECT NO.: 09SECODS L 4w SLe9VE YMS ONE SALEM SQUARE, 295 RT.22E Near C;nqulor Wireless PCS. LLC PHOTO$IMULATION w+I TENOUSE STATION. NJ 08889 333 Cross.oys Pork Dr. VIEW FROM PHONEf 988-534.4995 Woodbury. Nv 11797 MIDDLE RD. P S 7 b 88 FAX: 9 -534.8587 - BEFORE - ru 9 � i 4 Proposed Unipole Y. pl pllld;'. Q PROJECT INFORWITION: SITE++: ONS 25 LA 100 HORTONS LANE at&t + SOUTHOLD. NY 11971 MAL/CK � SCHERER• P,C }V[�C 1` _._ .. ` LYvStC Jr/ACENGINFERS �� DATE ISSUED: 05121110 caysTR6C'7/01v INSPECTORS A/E PROJECT NO.: 09BEC008 L4M7 SLOWYORS ONE SALEM SOLWRE. 295 RT.22E New C;rpu�or w roiess PCS. LLC PHOTOS 1 MUL AT 1 ON YMITEHOLISE STATION. NJ 88889 333 Cross.ov Pork Dr. VIEM FROM 7 PHONE: 988 534.4995 Woodbury, Nr 11797 MIDDLE RD. PS7(j Q FAX: g68.534.ON7 AFTER T. i. r Y' •4� .�' Owl f: IP ., �cwkRr' w n»mii '" i drig4 m n ' P 66��i~nihli 1a+N tau ��>IIItlIPIi I- �. � PROJECT INFORMATION: 25 4 � 40 HOs ONSL11LA Q(S 10,0 MORTON$ LANE MAL/CK d 5CHk-Rf-R, P.C �� ���� SOUTHOLD. NY 11971 QNSlCJ/AC EM;/ACERS �� at&t DATE ISSUED: 05/2t/t0 CONS 7RLCT/pv /IVSPEC SM9VEYORS A/E PROJECT NO.: 09BEC008 LAW SURYErLx'S OIE SALEM RE. 29'3 RT.22E Ne. Cupular Wireless PCS, LLC PHOTOSIMLILATION kIITENOUSE STATION NJ 88889 333 Cross.oys Pork Dr. VIEM FROM P S 8 b PHONE: 988-534. 995 Woodbury. Ny 11797 MIDDLE RD. FAxe 968.574-8587 - BEFORE Proposed Un i po I �Il�ccT�: -awe e w Ku �Iq �µIPIV. ntii p.. PROJECT INFORMATION: -M 0 SITEX* 1.11025 Q( � t t SLANE OUTH D,9 1 040 TONY NS 1971 MAL/CK d SCH£RER, P.C �-j a `& -` dvsLC TIAC EACIAIFERS DATE ISSUED: 05/21/10 COVSTRLCTIOv INSPECTORS LAW SLOVEYORS A/E PROJECT NO.: 09BE0008 'I "� - �k. ONE SALEM SOLwRE. ?95 RT,22E N" Cinqulor wirNlSs PCS. LLC 88PHOTOS I MULAT I ON r WHITEHOUSE STATION. NJ 089 333 Crosser Pork Dr. VIEW FROM PHOrE= 988-534.4995 oys P S 8 Q WOOdbury, NY 11797 MIDDLE R0. IIIY �I v " FAX, 988.534-8587 - AFTER - OPTION TO LEASE (CELL TOWER) THIS OPTION TO LEASE(this"Lease")dated this day of March,20I 0 is by and between `YSI XXXII, LLC, a Delaware limited liability company ("Landlord") and NEW CINGULAR WIRELESS PCS,LLC,a Delaware limited liability company("Tenant"). 1. Option to Lease. (a) In consideration of the payment of (the "Option Fee") by Tenant to Landlord, Landlord hereby grants to Tenant an option (an "Option") to lease a.portion of the real property located at 1040 Hortons Lane, Southold,NY 11971 and more particularly described in the attached Exhibit A (the "Property"), on the terms and conditions set forth herein. The Option shall be for an initial term of six (6) months (the "Initial Option Peri.od), commencing on the date Landlord notifies Tenant via written notice that Landlord has received Lender's approval of this Lease in accordance with Paragraph 23 below("Effective Date"), and the initial Option Fee shall be due and payable within thirty (30) days after the Effective Date. Tenant has the right to extend the Initial Option Period for five additional six (6) month periods (collectively, the "Additional Option Periods"), upon written notice to Landlord within thirty (30) days prior to the expiration of the then current Option Period and the payment to Landlord,together with such.written notice of an additional er each Additional Option Period exercised by Tenant. The Initial Option Period and each Additional Option Period are sometimes referred to herein as the"Option Period." During any Option Period,Tenant may exercise the Option by notifying Landlord in writing at,Landlord's address in accordance with Section 11 hereof. If Tenant has not exercised the Option prior to the expiration of the Option Period or otherwise extended the Option Period as described above,the Option will automatically expire and be of no further force or effect. (b) During the Option Period, and during the term of this Lease, Landlord agrees to reasonably cooperate with Tenant-in obtaining,at Tenant's sole cost and expense,all licenses and permits or authorizations required for Tenant's use of the Premises (as defined below) from all applicable government and/or regulatory entities (including zoning and land use authorities, and the Federal Communication Commission ("FCC's (collectively, "Govemmental Approvals"), including appointing Tenant as agent for land use and zoning peimit applications solely for the Tenant's permitted use and Landlord agrees to cooperate with and to allow Tenant; at no cost to Landlord, to obtain a title report, zoning approvals and variances, land-use permits, and Landlord expressly grants to Tenant a right of reasonable access to the Property to perform surveys and other engineering procedures or investigations on the Property necessary to determine that Tenant's use of the Premises will'be compatible with Tenant's engineering specifications, system design, operations and Governmental Approvals; provided however, that Tenant indemnifies and holds Landlord harmless from and against all claims, liability and damages resulting from such access and activities except to the extent,resulting from the negligent acts or omission of Landlord. Tenant will promptly repair any damage caused to the Property or any improvements thereon by Tenant or its employees, contractors-or invitees. Notwithstanding the foregoing,Tenant may not change the zoning classification or in any way impair Landlord's existing use of the Property without first obtaining Landlord's written consent. During the Option Period,Landlord agrees that it will not interfere with Tenant's efforts-to secure other licenses and permits or authorizations that relate to other property. (c) Upon Tenant's exercise of the Option, and; subject to the following terms and conditions,Landlord hereby leases to Tenant certain space consisting of approximately 650 scare feet (the "Premises") including approximately(i) 350 square-Beet-of ro in a dspace_(_`Qr�ound; SD race") and(ii) 0300 square feet of space within the self-stora a facility 703 74,771,and,l g772 ("Storage Space")for placement of the Antenna Faci.i�*Z(as-defned-in.Set)andrants Tenant Cingula Lease-0 I 1 L_; JUN - 2 2010 Southold -imn Planning Boar! certain non-exclusive Easements (the "Easements") for the installation, maintenance and operation of utilities and access to and from the Premises to a public right of way for the sole purpose of Tenant's permitted use.The location and orientation of the Premises and the Easements are described and depicted in the attached Exhibit B. 2. Term. Subject to the early termination provisions set forth in Section 8, the initial term (the "Initial Terni") of this Lease shall be five (5) years commencing on the earlier of-the date (a) the Landlord receives notice of Tenant's exercise of the Option,that is, its notice to commence this Lease; or (b) the placement or installation of any equipment on or in the Premises (the "Commencement Date"), and shall terminate at midnight on the date which is five(5)years after the Commencement Date. 3. Permitted Use. Subject to the terms of this Lease, the Premises may be used by Tenant for the sole purpose of transmission and reception of communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, antennas, equipment shelters and/or cabinets and related activities. 4'. Rent. (a) Tenant shall pay Landlord, as rent, nnually (the"Rent'). The Rent shall be payable monthly in the amount of per month ("Monthly Rent"). The Monthly Rent-shall be payable within thirty(30)days following the Commencement Date prorated for the remainder of the month in which the Commencement Date falls; thereafter the Monthly Rent shall be payable in advance on or before the fifth (51b) day of each month, without right of setoff or demand (except as may be otherwise provided for herein), to Landlord at the address below or to such other person,firm or place as Landlord may from time to time so designate in writing at least-thirty(30)days in advance of any rental payment due date. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination for any reason (other.than a default by Tenant)and.all prepaid Rent shall be promptly refunded to Tenant. (b) B 'ng on the second anniversary of the Commencement Date of this Lease, the Rent shall inereas�~annually each and every year for the Initial Term and all Renewal Terms thereafter. (c) Rent shall be made payable to Landlord and delivered to: 1040 Hortons Land, 'Southold,NY 11971,and Attn: General Manager. S. Renewal. Subject to the early termination provisions set forth in Section 8, and provided Tenant is not in default hereunder and shall have paid all Rents and sums due.and payable to Landlord by Tenant, Tenant shall have the right to extend this Lease for four(4) additional, five-year terms (each a "Renewal Term") with each Renewal Term commencing automatically upon the expiration of the prior five year term'upless Tenant provides to Landlord written notice of its intent not to renew the Lease not less than sixty (6.0) days and no more than one-hundred-twenty(120) days prior to the expiration of the t then current-term.Each Renewal Term shall be on the same terms and conditions as set forth herein. 6. Interference. (a) Tenant shall install Tenant's personal property and facilities necessary to operate its communications system, including antennas, equipment shelters and/or cabinets and related cables, utility lines and any property of its suppliers(collectively,"Antenna Facilities"). Tenant shall operate the Antenna Facilities in a manner that will not cause interference to Landlord and other tenants or licensees of the Property, provided that their installations predate that of the installation of the Antenna Facilities. In the event Tenant causes any such interference,Tenant shall commence all action necessary to eliminate Cingular Lease—v7 2 such interference within twenty-four(24)hours of notice and thereafter eliminate such interference within (5)days provided,however,that if such interference cannot reasonably be eliminated within such five(5) day period, then within such reasonable time period as it takes to so eliminate such interference not to exceed forty-five(45)days in total. In the event'Tenant fails to comply with this provision,Landlord may terminate this Lease and/or pursue any other remedies available under this Lease,at law,and/or at equity. Landlord. shall permit Tenant to test Antenna Facilities periodically in order to correct harmful interference. Notwithstanding anything to the contrary in this provision,all operations by Tenant shall be in compliance with all Federal Communications Commission("FCC")requirements. (b) As of the date of this Lease, there are no existing cell tower antenna facilities located at the Property, and there are no cell tower leases (other than this Lease) affecting the Property or any portion thereof. Landlord agrees to include, in any and all future commercial leases affecting the Property (but specifically excluding any standard self-storage lease), a provision substantially similar to Section 6(a)above. Landlord will.endeavor to notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c). If Tenant is in compliance with Paragraph 6(a) above, and Landlord uses or permits its employees,tenants,licensees, invitees or agents to use any portion of the Property in any way that causes harmful interference with the Antenna Facilities or that unreasonably.interferes with Tenant's permitted use or any other rights of Tenant hereunder, then Landlord shall commence all action necessary to eliminate such interference within twenty-four (24) hours of notice and thereafter eliminate such interference within (5) days provided,however,that if such interference.cannot reasonably be eliminated within such five (5) day period, then within such reasonable time period as it takes to so eliminate such interference not to exceed forty-five (45) days in total. In the event.Landlord fails to comply with.this provision within the aforementioned cure period,then Tenant-will have the right,in addition to any other rights that it may have at law or in equity for Landlord's breach of this Lease, to elect to enjoin such interference or to terminate this Lease upon written notice to Landlord. 7. Improvements;Utilities:Access. (a) Tenant shall submit its plans and specifications (collectively, the "Plans") to Landlord,for Landlord's review and written approval,prior to the initial installation or construction of the Antenna Facilities on the Premises or in the Easements, which approval shall not be unreasonably withheld, conditioned-or delayed by Landlord. If Landlord shall fail to respond to Tenant (including, without .limitation, approval or denial of the Plans, requests for additional information reasonably necessary for Landlord to provide an infonned decision,and/or providing comments to the Plans) within ten _(10) days after Landlord's receipt of such Plans, then Tenant shall have the right to deliver to Landlord written notice which notifies Landlord,in conspicuous type,that Landlord has failed to respond to such Plans within such ten (10) day period and,if Landlord shall fail to respond to such Plans within five(5)business days after Landlord's receipt of such written notice, that the Plans will be deemed to be approved all as described.in Section'7(a)of the Lease. In the event Landlord fails to so respond to Tenant within such five (5) business day period, then the Plans shall be deemed to be approved by Landlord. Any approved Plans shall be incorporated into this Agreement as Exhibit B. Landlord will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Lease. The Antenna Facilities shall be constructed and/or installed in conformity with the approved Plans. Except as.provided below, Tenant shall be allowed, at Tenant's sole cost and expense, to modify, enhance, or upgrade Tenant's Antenna Facilities (collectively, the "Upgrade") at any time within the Premises, without obtaining.Landlord's prior consent. Notwithstanding the foregoing, Tenant shall be required to obtain Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, with respect to any Upgrade that.(i) in any way affects, alters or modifies the Facility, including,without limitation,the Storage Space and/or the structural integrity thereof and/or any building systems therein including mechanical,electrical and/or plumbing systems and/or(ii)requires any 'zoning or land use approvals. Further, Tenant shall not perform any Upgrade or other installations or Cmgulu Lease-N 3 construction at the Property outside of the Premises. (b) Tenant shall cause all construction and installation to occur lien free and in compliance with all applicable laws and ordinances. If any mechanic's lien or other lien, charge or order for payment of money is filed, recorded or otherwise attaches to either the Property or the Premises as a result of Tenant's activities, then Tenant will cause such lien,charge or order to be discharged (whether by bond-or otherwise)of record within forty-five(45)days after Tenant receives.notice thereof. If Tenant fails to so discharge such lien, then, in addition to any remedies under this Lease, at law, or in equity, Landlord shall have the right,but not the obligation;to so discharge such lien on Tenant's behalf,and any and all costs incurred by Landlord to so discharge such lien shall be paid by Tenant to Landlord on demand(with reasonable documentation of such discharge payment)and shall be deemed to be additional rent hereunder. Tenant agrees to indemnify, defend and hold harmless Landlord from any such lien from a party claiming by, through or under Tenant. All of Tenant's construction, installation work, and maintenance shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner and in accordance with the plans and specifications previously approved or deemed approved by Landlord. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove-its Antenna Facilities at any time during this Lease term,but, in any event,Tenant must remove the Antenna Facilities within forty-five(45)days of the termination or expiration of this Lease. (c) In accordance with paragraph 7(a),Tenant shall obtain the prior written approval of Landlord regarding the location of its Antenna Facilities, the location of the Easements (defined in Section 1(c)) and all final construction plans and specifications, including but not limited to the installation of utility wires, cables, conduits and .pipes over, under or along the Easements, prior to commencing any construction of the Antenna Facilities. All improvements shall be at Tenant's sole cost and expense. Tenant shall operate and maintain the Premises and Antenna Facilities in a safe and workmanlike manner and in accordance with generally accepted industry standards, and all local, state, and federal laws, regulations, ordinances, and requirements, including, without limitation,FAA lighting requirements and OSHA requirements.Tenant agrees that it will conduct the operation,maintenance and repair of its Antenna Facilities in such manner as to neither interfere with nor damage Landlord's business or real or.personal property; provided, however, if any maintenance or repair to Landlord's property is required due to the acts.of Tenant, its agents or employees,Tenant shall commence,to repair the damage within seven(7) days (and thereafter diligently pursue such repairs to completion) or in the case of an emergency,repairs shall be made within forty-eight(48)hours; but, if any such emergency repair cannot reasonably be completed within such forty-eight hour period then Tenant shall commence such repair within such forty-eight(48)hour period and shall diligently pursue.such repair to completion within.such time period as is reasonably necessary to complete such emergency repair. Should Tenant fail to repair such damage according to the terms of this subparagraph, Tenant shall reimburse Landlord for the reasonable costs incurred by Landlord to restore the damaged property to the condition that existed immediately prior thereto. (d) Landlord will maintain and repair the Property (.exclusive of the Premises and Antenna Facilities)and access thereto (to the extent such access is in the control of Landlord)in good and tenantable condition,subject to reasonable wear and tear and damage from the elements. Tenant shall, at Tenant's sole cost and expense., keep and maintain the Antenna Facilities now or hereafter located on the Premises in a commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty. excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Landlord.in good, usable condition,normal wear and tear and casualty excepted. (e) Tenant shall have the right to install utilities, at Tenant's sole cost and expense, and to improve the existing utilities in the Premises and the Easements (including,but not limited to,the temporary installation of emergency temporary power generators), at Tenant's sole cost and expense; however such utilities in the Easements shall be located as reasonably designated by Landlord. Landlord agrees,at no cost to Landlord,to (i)use reasonable efforts in assisting Tenant to acquire necessary utility Cingula U=-r7 4 service and (ii) reasonably cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. Tenant shall,at its sole cost and expense, install separate meters for utilities used on the Property by Tenant. Tenant shall fully and promptly pay for all utility services provided to the Premises. (f) Subject to Landlord's reasonable rules and regulations established from.time to time, Tenant shall have 24-hours-a-day, 7-days-a-week access to. the Premises at all times during the Initial Tenn of this Lease and any Renewal Term. 8. Termination/Remedies. Except as otherwise provided herein, this Lease may be . terminated,without any penalty or further liability as follows: (a) Upon written notice by Landlord if Tenant fails to cure a monetary default within (i)thirty(30) days after written notice of such default from Landlord for the first monetary default within. a twelve (12) month period and (ii) twenty-one (21) days after written notice of such default from Landlord for any such monetary default thereafter during such twelve(12)month period; (b) If the other party fails to cure a non-monetary default within thirty(30)days after written notice of such default(or,if such default cannot reasonably be cured within,such thirty (30)day period,then such period of time as is reasonably required to so cure such default,provided,however,that the defaulting patty.commences to cure such default within such thirty (3 0) day period and thereafter diligently pursues such cure to completion); (c) Immediately if Tenant notifies Landlord of unacceptable results on the title report prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or defaults under any government license (including, without limitation, an FCC license), permit or any Governmental Approval required for the installation and/or. operation of the Antenna Facilities; (d) Immediately upon written notice by Tenant if the Premises or Antenna Facilities are destroyed or damaged so as in Tenant's commercially reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, unless otherwise provided herein, all rights and obligations of the parties shall cease as of the date of the damage or destruction (except that Tenant.shall be responsible for removal of the Antenna Facilities from the Property), and Tenant shall be erititled to the reimbursement of any Rent prepaid by Tenant or Landlord shall be entitled to any Rent due but unpaid as of the date of the damage or destruction; (e) At the time title to the Property transfers to a condemning authority,pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to'pursue their own separate awards with respect to such taking,provided that such action in no way diminishes any Landlord award. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation; (f) If the other party(i)fails to perform any covenant for a period of thirty(30)days after receipt of written notice thereofto cure or(ii)commits a material breach of this Lease not covered in Sections(a) to(e) above, and fails to correct same within thirty(30)days after written notice thereof(or, if such material breach cannot reasonably be corrected within such thirty (30). day period, then such period of time as is reasonably required to so correct such material breach, provided, however, that the defaulting party commences to correct such material breach within such thirty (30) day period and thereafter diligently pursues such correction to completion); (g) Immediately,if one or more of the following events occur: (i)the commencement Cmgulu WM-0 5 - by Tenant of a voluntary case under the federal bankruptcy laws, as.now constituted or hereafter amended, or (ii) the consent by Tenant to the appointment of a receiver, liquidator, assignee, trustee, custodian, (or other similar official)of any substantial part of the property of Tenant, or(iii) the taking of possession of any such property by any such functionary or the making of any assignment for the benefit of creditors by Tenant; (h) In the event of a proposed change of ownership with.a change of use of the Property, Landlord shall have the right to terminate this Lease effective as of or at any time after the commencement of the third Renewal Term upon one-hundred-eighty (180) days prior written notice to Tenant. (i) No later than forty-five (45)days after the termination or expiration of this Lease, Tenant shall remove the Antenna_.Facilities and its personal property. and restore the Premises to its condition on the Effective Date,normal wear and tear and casualty excepted.Tenant shall continue to pay to Landlord the Rent which is in effect at such time of termination or expiration of this Lease until such date Tenant's personal property has been completely removed from the Premises and the Property and Landlord shall return any prepaid Rent which is beyond the date.Tenant so removes its personal property. If time -for removal .causes Tenant to remain dri the Property more than forty-five (45) days after termination of this Lease, Tenant shall pay Rent at one hundred fitly(150%)percent times the monthly, rental rate in existence immediately prior to such termination or expiration;and (j) In the event Tenant or Landlord fails to comply with any term, covenant or condition of this Lease beyond any applicable notice or cure period,the other party shall have the right, but not the obligation,to pursue any remedy available.at law,or in equity,including specific performance. Such remedies shall be in addition to any.right to terminate described in this Lease.. (k) Upon ninety (90) days prior written notice by Tenant to-Landlord, if(i) Tenant determines, in its reasonable discretion,that the Premises are not appropriate for its operations as a result of technological reasons that negatively affect current signal strength, coverage or interference, and (ii) Tenant delivers to Landlord,together with such written notice,a termination fee in the amount of the Rent that would have otherwise been.due and payable by Tenant to Landlord hereunder for a period of nine(9) months after the terminate date. (1) Pursuant to an SNDA Agreement, Tenant will notify Landlord's Lender in writing of any defaults) of the Landlord under the Lease which would entitle Tenant to cancel the Lease or abate the rent payable under the Lease. Lender's address for notice is:Bank of Smithtown, 100 Motor Parkway,Suite 160,Hauppauge,New York 11788,Attention:William,J.Newham,I11. 9. Taxes. Landlord shall pay prior to delinquency all real property taxes for the Property, including the Premises.Notwithstanding the foregoing, Tenant shall pay any personal property tax, real property tax or any other tax or fee which are directly attributable to the presence or installation of the Antenna Facilities. Landlord hereby grants to Tenant the right to challenge, whether in a Court, Administrative Proceeding,or other venue,on behalf of Landlord and/or Tenant,any personal property or real property tax assessments that directly impact Tenant. If Landlord receives notice of any personal property or real property tax assessment against the Landlord, which may affect Tenant and is directly attributable to Tenant's installation,Landlord shall provide notice of the.assessment to Tenant Cpursuant to Section 11 hereof) sufficient to allow Tenant to consent to or challenge such assessment. Further, Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute,at no cost to Landlord,any and all documents reasonably necessary to effectuate the intent of this Section. Cingulac Lncr v7 6 10. Insurance and Subrogation and'Indemnification. (a) Tenant shall carry commercial general liability insurance covering its use of the Premises with companies that have an AM Best rating of A or higher. The policy shall name Tenant as insured and shall include Landlord and its affiliates as an additional insured. The policy shall bear endorsements to the effect that the insurer.agrees to notify Landlord as certificate holder not less than thirty(30) days in advance of cancellation or.non-renewal thereof that affects this Lease.At a minimum,Tenant and all parties accessing the Antenna Facilities and. the Premises for or on behalf of Tenant shall obtain the following insurance coverage: (i) Statutory Workers' Compensation including Five Hundred Thousand dollars ($500,000) Employers" Liability, and (ii) Commercial General Liability including personal injury, bodily injury, products and completed operations, with a minimum limit of Two Million dollars ($2,000,000) per occurrence and.four.million dollars ($4,000,000) in annual aggregate, broad form property damage, independent contractor. Tenant shall also be required to carry fire and extended coverage insurance on a replacement cost basis on all of the improvements within the Premises including the Antenna Facilities and other personal property of Tenant within the Premises. Such insurance shall include an all-risk legal liability endorsement to cover property damage for which Tenant is responsible. The above insurance limits are not intended to, and shall not be deemed to, in any way limit the Iiability of Tenant hereunder. Prior to accessing.the -Premises, Tenant and all parties acting for or on behalf of Tenant shall provide to Landlord certificates'of insurance evidencing the insurance coverage_required.herein, with the following additional insured information: the Landlord and its subsidiaries or affiliates of any sort, and each of their respective employees, directors, agents and shareholders. Notwithstanding anything to the contrary, so long as Tenant satisfies the Self-Insurance Net Worth Test (as defined below), Tenant may self insure in order to meet the insurance requirements in this Section 10(a). In the event Tenant fails, in whole or in part, to carry insurance that complies with the requirements of this Section 10(a),Tenant shall be deemed to self insure to the extent of such noncompliance. For the purposes of this Section 10(a), the "Self.-Insurance Net Worth Test"shall mean,as of any date,that Tenant has a net worth of at least$100,000,000. (b) Except to the extent that any such claim or breach is due to the gross negligence or willful misconduct of Landlord, its agents, employees, or independent contractors, Tenant agrees,to indemnify,defend and hold harmless the Landlord from and against any and all claims,damages,cost and expenses,including reasonable attorney fees,to.the extent caused by or arising out of(i)the operations or erty by the Tenant or its employees, agents, contractors, licensees, tenants and/or activities on the J�rop subtenants, (ii) Tenant's installation, use, removal, maintenance, operation or servicing of its Antenna Facilities, (iii) noncompliance by Tenant of any OSHA requirements, governmental law, regulation, ordinance,or statute relating to the use of or ownership of the Antenna Facilities,(iv)a breach by Tenant of any term, condition or representation set forth in this Lease;or(v)any obligation of the Tenant under this Lease. Except to the extent that any such claim or.breach is due to the gross negligence or willful misconduct of Tenant,its agents, employees, or independent contractors, Landlord agrees to indemnify, defend and hold harmless the Tenant from and against any and all claims, damages, cost and expenses, including reasonable attorney fees,to the extent caused by or arising out of(a)the operations or activities on the Property by the Landlord or its employees, agents, contractors, licensees, tenants (excluding Tenant or anyone claitning by or through Tenant) and/or subtenantsi (b) noncompliance by Landlord of any governmental law, regulation, ordinance, or statute relating to the use or ownership of the Property, (c) a breach by Landlord of any term, condition or representation set forth in this Lease, or (d) any obligation of Landlord under this Lease. Notwithstanding anything to the contrary in this Lease, the parties hereby confirm that the provisions of this section shall survive the expiration or termination of this Lease. (c) Notwithstanding anything to the contrary contained in the Lease, Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all Cirtgd�Lease v7 / right of recovery against.the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of such insurdd loss, neither party's insurance company shall have a subrogated claim against the other. (d) , Tenant shall not be-responsible to Landlord, or any third party, for any claims, costs or damages (including, fines and penalties) directly attributable to any violations of applicable codes, statutes or other regulations governing the Property, including the Premises; except to the extent that any such violations are caused by or otherwise arise out of (i) the Antenna Facilities and/or Easements aad/or (ii) Tenant's use of the Property, the Premises, the Antenna Facilities and/or the Easements and/or(iii)a breach.of Tenant's-obligations hereunder. 11. . Notices. All notices,requests,demands and other communications shall be in writing and, are effective three-(3) days.after deposit in the U .S.mail, certified.and postage paid,,or upon receipt if. personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant,.to: If to Landlord,to: New Cingular Wireless.PCS,LLC U-Store-It,L.P. Cell Site#: LI-1025 460 East Swedesford Road Cell Site Name: NYCENY1025/-1025 Suite 3000 Fixed Asset No: 101.13678 Wayne,PA 19087 12555•Cingular Way,Suite 1300 Attn: Legal Department Alpharetta,GA 30004 Attn:.Network Real Estate Administration With a.-dopy to: With a copy to: New Cingular Wireless PCS,LLC U-Store-It,LY, Cell Site M LI-1025. 460 East Swedesford Road Cell Site Name: NY-CENY1025/-1425 Suite 3000 Fixed Asset No: 10111678 Wayne,PA 19087 340 Mt.Kemble Ave. Attn:Business Parks Morristown,NJ 07960-6656 Attn:Legal Department 12. Quiet Enjoyment,Title and Authority.Landlord represents and warrants to Tenant that(i) Landlord has fee simple title to the Propertyfree and clear of any mortgages,except those which will not interfere with Tenant's rights to or use of the Premises; and(ii) execution and performance of this Lease will not violate any laws,. ordinances, covenants, or the provisions of any mortgage, lease, liens, restrictions, easements or other agreement of record or not of record binding on Landlord. Landlord covenants that at all times during the term of this Lease,Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed by anyone claiming by,through or under Landlord as long as Tenant is not-in default beyond any applicable grace or cure period. .Tenant hereby acknowledges its right to perform due diligence inspections of the Property(including.title searches)as described more particularly in Paragraph 1 of this Lease and nothing in.the foregoing shall be deemed to waive or otherwise limit the provisions of Paragraph 18 of this Lease. 13. Environmental Laws. (a) To the best of its knowledge, Landlord represents that it has no knowledge of any substance, chemical or waste (.collectively, "Hazardous Substance") on the Property that is identif ed as hazardous, toxic or dangerous in violation of the applicable federal, state or local environmental law or regulation. Tenant covenants that it shall not introduce any hazardous materials, os.i.r Us.-4 8 r substances or wastes onto the Landlord's Property or Premises. Landlord and Tenant will indemnify, defend and hold the other harmless from and against all loss,cost,expense and liability whatsoever or any fees (including reasonable attomeys', experts' and consultants' fees) to .the extent arising out of any Hazardous Substance used, stored, generated, introduced onto, or otherwise disposed of by such indemnifying .party on .or in The Premises or the Property. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup,remedial,removal or restoration work required by any governmental authority. The terms of this Section shall survive termination of this Lease. (b) In the event any Hazardous Substance is found on the Property in violation of applicable federal, state or local environmental laws or regulations and Tenant determines, in. its reasonable discretion,that such Hazardous Substance renders the Premises or Property unsuitable for the permitted use hereunder or.would_expose Tenant. to undue risks of government action, intervention or third-party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Lease upon thirty (30) days prior written notice to Landlord; unless,such Hazardous Substance -was used, stored, generated, introduced, or otherwise disposed of on or in the Property or Premises (i)in connection with the constriction and/or maintenance of the Antenna Facilities and/or(ii)by Tenant and/or its agents, employees, contractors,licensees, tenants, subtenants, and/or any parent,-affiliate, subsidiary, or partner of Tenant (in which case Tenant shall not have the right to terminate this Lease under this-subsection(b)). 14. Assignment and Subleasing. (a) Except as. described in subsection (b) below, Tenant may not assign,sell; transfer,license, or sublease this Lease, the'Premises,the Easements or any portion thereof without first`obtaining Landlord's written consent, which consent shall not be unreasonably withheld,conditioned or delayed. Tenant acknowledges and agrees that, if Tenant seeks to sublease a portion of the Premises,it shall not be deemed to be unreasonable for Landlord to require, as a condition to any such consent, that(i)any subtenant,licensee or other such party enter into a separate storage space or ground space agreement with Landlord for the placement of any base station equipment,and Landlord agrees to negotiate-reasonably and in good faith(including, without limitation, the rental rates therefor) with-any such parties for such purpose, or(ii) Tenant pays to Landlord, as additional rent, fifty (50%) percent of any rent or other consideration received by Tenant from any such subtenant or licensee, including-any co-locator, after the deduction of any reasonable out of pocket costs incurred by Tenant in connection therewith. (b) Notwithstanding anything contained in this Section 14 to the contrary, Tenant may assign, sell, or transfer its interest under this.Lease without the approval or consent of Landlord to any company (i) that has the power to direct Tenant's management and operation,or any company whose management and operation, is controlled by Tenant;or(ii)a majority of whose voting stock is owned by Tenant, (iii) in which or with which Tenant is merged or consolidated in accordance with applicable statutory provisions(including, without limitation applicable provisions of the Federal Communications Commission) for merger or consolidation of companies, so long as the liabilities of the companies participating in such merger or consolidation are assumed by the company surviving such merger or created by such consolidation, or(iv) acquiring this Lease and all or substantially all of Tenant's assets. In the event of an assignment,_sale, or transfer as described in subsections(i)through(iv)above, Tenant shall be released from any obligations or liabilities under this Lease:to the extent that the new tenant has assumed such obligations and liabilities; provided, however, that Tenant delivers to Landlord written notice of such.assignment,sale or transfer together with evidence that,on the completion of such inerger, consolidation,acquisition,or assumption,the successor has a net worth no less than One Hundred Million Dollars ($100,000,000). Tenant shall not be released from the obligations or liabilities under this Lease with respect to any other assignment, sale, transfer, license, sublease or the like without the express written consent of Landlord Cingula,L.—-4 9 .(c) Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their successors or assigns (collectively "Mortgagees"),provided such Mortgagees agree to be bound by-the terms and provisions of this Lease, In such event, Landlord shall.exeeute such consent to leasehold financing as may reasonably be required by Mortgagees at no cost to Landlord..Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give Mortgagees concurrent right.to.cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the Premises. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Mortgagee. 15. Successors and Assigns. This Lease and the Easements granted herein shall run with the land,and shall be binding upon and inure to the benefit of-the parries,their respective successors,personal representatives and assigns. 16. Subordination of Landlord's Lien. Landlord hereby subordinates any and-all lien rights it may have, statutory or otherwise to Tenant's lenders, concerning the Antenna Facilities, or any portion thereof,which.shall.be deemed personal property for the purposes of this Lease,whether or not the same is deemed real or personal property under applicable laws,and Landlord gives Tenant's lender the right to remove all or any portion of the same from time to time,whether before or after a default under this Lease without Landlord's consent. 17. Relocation. Landlord shall have the right to give six(6) months prior written notice to Tenant (the "Relocation Notice"), during the Initial Term or any Renewal Terms of this Lease that the Landlord'intends to relocate Tenant's Antenna Facilities and/or the Easements to an alternate space on the Property as expanded or redeveloped; provided, however, that such relocation shall(a) be at Landlord's sole cost and expense,(b)be performed exclusively by Tenant or.its agents,(c)not result in interruption of the cointnunication service provided by Tenant on the Property for more than twenty-four(24)hours, in the event interruption is likely to occur for more than twenty-four(24) hours, Tenant shall have the right to install temporary equipment at a location mutually agreeable to Landlord and Tenant, (d) not impair or alter the quality of communications service provided by Tenant.on and from the Property, and (e) be done in accordance with the terms and conditions contained in the following paragraph and, provided:further, that Tenant is able to secure the necessary Governmental Approvals for such relocation. In the event that any one of the above-referenced conditions is not satisfied, Tenant may, as its sole remedy,terminate this Lease. Upon receipt of the Relocation Notice and prior to commencing the relocation, Tenant shall submit to Landlord a detailed statement of all expenses associated with the relocation of the Tenant's Antenna Facilities and/or the Easements and obtain Landlord's written approval, which shall not be unreasonably withheld, conditioned or delayed. The expenses associated with such relocation shall include,without limitation, the reasonable cost to: (a) design and develop the new location, (b)prepare Plans and Specifications for the new premises, (c) prosecute and obtain-the necessary Governmental Approvals, (d) install the new equipment and (e) remove.the existing equipment. If Landlord does not provide written approval or denial or written request for additional information within a sixty(60) days. period, Landlord shall.be deemed to have-approved the expenses (the""Relocation Expenses"). Tenant will be responsible for any relocation of the Antenna Facilities and/or the Easements pursuant to this provision. Tenant shall not commence any relocation under this provision until given written authorization from Landlord to commence such relocation, and Tenant shall complete all relocation hereunder within sixty (60) days of such.authorization. Upon approval of Tenant's Relocation Expenses and receipt of final invoice and supporting documentation for the completion of the relocation, Landlord shall pay any and all expenses connected with moving the Antenna Facilities to the new Premises to Tenant within sixty (60) days. If Tenant is unwilling to relocate, Tenant may terminate this Lease upon thirty (30) days written notice to Landlord, and Landlord and Tenant shall,have no further liability hereunder. During any construction or relocation, Tenant may operate a temporary antenna facility at a Ongulu Lac 0 10 location reasonably acceptable to Landlord. 18. AS-IS AGREEMENT. EXCEPT AS MAY.BE OTHERWISE PROVIDED IN THIS LEASE, PRIOR TO THE INITIAL TERM, TENANT HAS BEEN GIVEN ACCESS TO THE PREMISES IN ORDER TO CONDUCT SURVEYS, FEASIBILITY AND CONFIGURATION ASSESSMENTS, ENVIRONMENTAL ASSESSMENTS, AND OTHER INSPECTIONS OF THE PREMISES AS TENANT DEEMED NECESSARY. THE PREMISES WHICH TENANT IS PERMITTED TO UTILIZE PURSUANT TO THE LEASE GRANTED HEREIN IS DELIVERED BY LANDLORD IN AN,,,As-is,,CONDITION AND TENANT HEREBY ACCEPTS THE PREMISES IN ITS "AS-IS" CONDITION AND ACKNOWLEDGES THAT LANDLORD HAS NOT MADE ANY STATEMENTS OR REPRESENTATIONS OR WARRANTIES REGARDING THE PREMISES,AND TENANT IS NOT RELYING UPON ANY STATEMENT OR REPRESENTATION OR WARRANTY _. . . BY LANDLORD OR ANY THIRD PARTY REGARDING THE PREMISES, THE FITNESS OF THE PREMISES FOR ANY PARTICULAR USE OF TENANT OR ANY OTHER MATTER. TENANT HAS HAD AN OPPORTUNITY TO INSPECT THE PREMISES AND EVERY ASPECT THEREOF AND ACCEPTS THE PREMISES IN ITS PRESENT CONDITION AS ACCEPTABLE FOR TENANT'S ANTICIPATED USE OF THE PREMISES AS PROVIDED IN THIS LEASE. LANDLORD HEREBY EXPRESSLY DISCLAIMS AND TENANT HEREBY WAIVES ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE. 19. Holdover. In the event that Tenant holds over and refuses to surrender the Premises after the termination or expiration of this Lease, in addition to all other rights and remedies of Landlord, the Rent shall be automatically_increased to one hundred fifty(150%)percent times the monthly rental rate in existence immediately prior to such termination or expiration;provided,however that if during any such holdover period the parties are negotiating,.in good faith,a new lease,lease extension, lease amendment or any other agreement regarding lease terns for the Premises("Extension Agreement"),then Rent during such .goad.faith negotiations shall be One Hundred Three percent (103°/x) of the Rent in existence immediately prior to the expiration of the Term. Any Extension Agreement entered.into between the parties shall be retroactive to the day the Lease expired arid any underpayments of Rent during such period shall be paid by Tenant to Landlord upon execution of such Extension Agreement, and any overpayment of Rent during such period shall-be credited to future installments of rent due and payable by Tenant to Landlord under such Extension Agreement. The holdover rent first described above shall be due and payable by Tenant to Landlord hereunder commencing immediately upon cessation by either party of such good faith lease negotiations, and continuing until such time as Tenant surrenders the Premises to Landlord in accordance with the terms of this Lease. 20. Sale of Property: Assignment of Rent. If Landlord, at any time during the Term of this Lease,sells the Premises,or any portion thereof,then such sale shall be subject to this Lease and Tenant's rights hereunder, and, to effect a transfer in Rent to the new owner,the new owner of the Premises shall deliver to Tenant a completed IRS Foran W-9, or its equivalent. Landlord shall endeavor to deliver to Tenant a copy of any bona fide written offer from a third party (other than a mortgagee) seeking an assignment of the rental stream associated with this.Agreement that Landlord has determined, in.its sole discretion,to accept("Assignment Offer".);but Landlord's failure to so deliver such Assignment Offer to Tenant shall not be deemed to be a breach or default hereunder. If Landlord delivers such Assignment Offer to Tenant and Tenant, within fifteen (15) days thereafter, agrees in writing to match such Assignment Offer, and if Landlord determines, in its sole discretion to accept the Assignment Offer,then Landlord shall accept Tenant's Assignment Offer rather than such third party's Assignment Offer; provided, however that Landlord may reject both Assignment Offers and have no further liability hereunder with respect to any such Assignment Offers. Notwithstanding anything contained herein to the contrary, Landlord shall not be in breach of or default under this Lease if Landlord assigns the rental stream associated with this Agreement without first delivering an Assignment Offer to Tenant. , C,ngutir U.=•v7 I I 21. Rights ofMortsasee. (a) Tenant accepts this Lease subject and subordinate to any recorded lease, mortgage, deed to secure debt or deed of trust lien presently existing, if any, and any renewals, modifications, extensions or replacements thereof(provided however, Landlord agrees to use commercially reasonable efforts to obtain a subordination non-disturbance and attornment agreement ("SNDA")for-each such mortgage,deed.to secure debt or deed of-trust, in.a form reasonably acceptable 'to Tenant and to the mortgagee or lender thereunder) and to all existing ordinances and recorded restrictions,.covenants, easements, and agreements with respect to the Property. This Lease will be subject and subordinate to any mortgage, deed to secure debt or deed of trust lien hereafter encumbering the Property;provided,however,that any such mortgagee or lender and Tenant enter into a subordination non-disturbance and attornment agreement in form reasonably acceptable to the parties thereto. Upon any foreclosure,or any other transfer of Landlord's interest in the Property,whether or not in connection with a mortgage,Tenant hereby does,and hereafter agrees to attorn to the purchaser at such foreclosure sale or to the.grantee under any,deed in lieu of foreclosure or to any other transferee of Landlord's interest, and shall recognize such purchaser, grantee, or other transferee as Landlord under this Lease once such landlord has executed the subordination non-disturbance and attornment agreement described above. Tenant will notify Lender(defined below) in writing of any default(s) of the Landlord under the Lease which would entitle Tenant to cancel the Lease or abate the rent payable hereunder. (b) Landlord will request an SNDA from Landlord's existing lender,the Bank of Smithiown. ("Lender"),in Lender's standard form,within five(5) days after execution hereof, and Tenant agrees to cooperate with Landlord reasonably,and in good faith,to-negotiate and obtain approval and execution of the SNDA in a timely manner. If Tenant has complied with its obligations above;but Landlord is unable to obtain Lend'er's approval of an SNDA within forty-five(45)days after Tenant's execution and delivery to Landlord of this Lease,then at any time thereafter,but prior to Landlord's receipt of Lender's approval of the SNDA, Tenant may terminate this Lease. Tenant's right to terminate this Lease under this subsection(b)shall expire and be void and of no further force or effect ninety(90)days after execution of this Lease. 22r Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to its costs and expenses, including without'limitation, collection costs, reasonable attorneys' fees actually incurred and court costs,including appeals,.if any. (b) Each.party agrees to furnish to the other, within twenty.(20) days after request, such truthful estoppel information as the other may reasonably request. (c) This Lease and the exhibits attached.hereto constitute the entire agreement and understanding of the parties, and supersedes all offers,negotiations and other agreements. There are no representations or understandings of any kind not set forth herein.Any amendments to this Lease must be in writing and executed by both parties. (d) In the.event a mortgage or deed of trust encumbers the Property,Landlord agrees, upon request of Tenant, to request a subordination non-disturbance and attornment agreement for each such mortgage or deed of trust,in a form reasonably acceptable to Tenant. (e) This Lease shall be construed in accordance with the laws of the state in which the Property is located. (f) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable,they shall be deemed-modified'to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the 12 draftsman, but rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing signed by the waiving party.No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any Provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating tasuch provision. (g) The persons who have executed this. Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. (h) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original,but all of which together shall constitute a single instrument. (i) All Exhibits referred.to herein are incorporated herein for all purposes. The parties understand and acknowledge that Exhibit A(the legal description of the Property) and Exhibit B (the Premises and the Easements within the Property)may be attached to this Lease in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, and/or B, as the case may be, may be replaced by Tenant with such final, more complete exhibit(s) provided the locations of the Premises and the Easements are the same as shown on the exhibits attached hereto.The terms of all Exhibits are incorporated herein for all purposes. (j) If Landlord is represented by any broker or any other leasing agent, Landlord is responsible for all commission fees or other payment to such agent, and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone claiming through such broker. If Tenant is represented by any broker or any other leasing agent, Tenant is responsible for all commission fees.or other payment to such agent,and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyone claiming through such broker. (k) Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent,upon execution.of this Agreement and at such other times as may be reasonably requested by Tenant. (1) Either party will,at any tirne upon fifteen(I5)business day's prior written notice from the other,execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease in form reasonably acceptable to such party. Such Memorandum or Short Form of Lease may be recorded by either party at any time during the term of this Lease after Tenant exercises the Option. Either party agrees to execute, acknowledge and deliver to the other a recordable termination of Memorandum or Short Form Lease in form reasonably acceptable to such party upon the expiration or earlier termination of this Lease which obligation shall survive the expiration or termination of this Lease. 23. Oontinaeucy. The effectiveness of this Lease is hereby made contingent upon approval of this Lease by the-Bank of Smithtown ("Lender"), which Lender holds a mortgage on the Property. Landlord shall deliver a copy of this Lease to Lender within five (5) days after execution hereof. If Lender does not approve this Lease within forty-five (45) days after Tenant's execution and delivery to Landlord of this Lease, then at any time thereafter, but prior to Landlord's receipt of Lender's approval, Tenant may terminate this'Lease. If Lender rejects or disapproves of this Lease, then upon written notice from Landlord to Tenant of such rejection or disapproval (together with evidence from Lender of such rejection or disapproval), this Lease shall terminate and be of no further force or effect. [Balance of Page Intentionally Blank;Signatures to Follow] cNguLv,�-v7 13 I r" This Lease is executed by Landlord and Tenant on the respective dates set forth below(the date of signature of the last to sign of the parties hereto is the date of execution of this Lease), and this Lease shall be effective.as of the Effective Date. LA..NDLORD: BY: YSI XXXII,LLC.a Delaware limited.liabili.ty company By: Printed Name: Its: VI&Trr"5s Date: TENANT: New Cingular Wireless PCS.LLC By, A.T&T Mobility Corporation,its manager By: Printed Name: Its: U Date: .� ` '\�E'1.1A1i1 � 0 TA a� -z= SLIC . A, r roline A.Warburton My Commission Expires 5/7/2011 Bergen County,NJ Notary Public cmkc.ly lx:�-v7.dm 14 EXHIBIT A Legal Description The Property is legally described as follows: ALL THAT CERTAIN PLAT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT SOUTH=, TOWN OF SOUTHOLD, COUNTY CF SUFFOLK AND STATE OF NEW YORK, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT SET ON THE EASTERLY LINE OF HORTON$ LANE WHERE THE SAME IS INTERSECTED BY THE NORTHERLY LINE OF LAND NOW OR FORMERLY OF HORTON AND FROM SAID POINT OF BEGINNING; RUNNING THENCE NORTH 11 DEGREES 47 MINUTES 40 SECONDS WEST 351.93 FEET TO A CONCRETE MONUMENT AND LAND NOW OR FORMERLY OF FINKBEINER; RUNNING THENCE ALONG 'LAND OF FINKBEINER AND LAND NOW OR FORMERLY OF WITKOWSKI NORTH 72 DEGREES 27 MINUTES 00 SECONDS EAST 180.33 FEET TO A CONCRETE MONUMENT AND; THENCE NORTH 70 DEGREES- 09 MINUTES 00 SECONDS EAST 342.47. FEET TO A CONCRETE MONUMENT AND LAND NOW OR FORMERLY OF CHARNEWS AND; RUNNING THENCE ALONG SAID LAND NOW OR FORMERLY OF CHARNEWS AND LAND NOW OR FORMERLY OF .JENNINGS, SOUTH 17 DEGREES 43 Mnn=S 36 SECONDS EAST 626.24 FEET TO A CONCRETE MONUMENT AND LAND NOW OR FORMERLY OF THE LONG ISLAND RAILROAD; RUNNING THENCE ALONG SAID LAST MENTIONED LAND SOUTH 70 DEGREES 30 MINUTES 30 SECONDS WEST 403.66' FEET TO A POINT AND LAND NOW OR FORMERLY OF HORTON; RUNNING THENCE ALONG' LAND NOW OR FORMERLY OF HORTON THE FOLLOWING TWO (2) COURSES AND DISTANCES.- (1) ISTANCES-(1) NORTH 19 DEGREES 22 MINUTES 40 SECONDS WEST 261.23 FEET-TO A CONCRETE MONUMENT AND (2.) SOUTH 78 DEGREES 12 MINUTES 20 SECONDS WEST 148.64 FEET TO THE CONCRETE MONUMEIJT SET AT THE POINT OR PLACE OF BEGINNING AND THE EASTERLY LINE OF HORTON'S LANE. Cmguhr L=a -v7 l S EXHIBIT B The location of the Premises and the Easements within the Property is more particularly described and depicted as follows: 16 C AT&T UW[lity. This dodul.nt was created far Bechtel Corporation-under an agreement with-AT&T. No Cart of aa this cWwt any b6 reproduced or used In any fargl.oxcept with the written permission of AT&T or Bechtel. N TRUE (APPROX.) s a. LEGEND a In I -u LIGHT LINES DENOTE EXISTING 'CONDI Ti ONS cl } HEAVY LINES DENOTE PROPOSED CONDITIONS 0 p I I ;Y.rdS Buiding __PROPOSED WORK AREAREPLACE FLAG POLEWITH 75' UNIPOLE � SEE SHEET LE-2 8ot 10 ort -------- ---- ---= o I I ----- -'1 ATdc7 300 S.F. +/- ��� �� I EQUIPMENT ROOM �` I -0 I IN BUILDING E. / I t= UNITS 703, 70.4 ,7T1 I AND 772 uilding .SEE SHEET LE-2 E � � BuilDding 1 U)I Building Building A cy' 1 I e o I C O J o I I I c i- 20'- 1 m Side Yard pet 0ck 1 I 9 I � I Grbttan's I I .1-------_--�_ Grinding I I 20'-0" A To Z I Side Yard Set6aCk Auto Radiator I j j I Property Line 1 I I1 II Utility Pole :9Hor'#onISITE PLAN o U), 'S L_ TELCO CONDUIT TRENCHED FROM UTILITY POLE TO CSC CABINET. I 0 100' 200' COORDINATE WITH SERVICE PROVIDER. !2�a 0 SITE # L 11025 I-SSUED FOR REVIEW - 12/22/09 MSS DRAWING T1 E: DRAWING NO.: LEASE EXHIBIT �� PROJECT INFO UTHHN7 LE-1 MALICK& ,SCHER£R, P.C � SQUTHHOLD CVAIVA TJACEACIAfERS SITE+ei Ld1�O2S REVISION: B DATE ISSUED,10/08/09 CZW5TROCTIAY INSPECTORS 1040-9 HORTON S LANE SGUTHDLD, .NY 11971 L'AA17 SLRVeYL{4S "�-=" DRANK BY:GCE CHECKED.BYs CCS ONE WHITEHO�USE-SS TaATIM 2.95 JR88969 15 Cost Paramus.�NJa07652 a PROPERTY OWNER: SCALE: AS NOTED APPROVED BY:GS PHONE s 498.50. 1199: U-STORE-IT LP SHEET ND.s 1 OF 3 FAX: 68-534-05117 - .AlE PROJECT NO.: 09BECOOS C AT&T MopTllty. This 0oa11MM was created for Bechtel Corparotlan under an COreesent rlth AT&T. No port of tr14 doagmc ept y be reproduced or used In any farm except rlth tM url+ten permtseion of-AT&T or Bechtel.' LEGEND U GMT LINES DENOTE EXISTING CONDITIONS N TRUE HEAVY LINES DENOTE PROPOSED CONDITIONS APPROX.1 v 0 FSuilding Building D BRICK PLANTER AT BASE OF 0350 S.F. FLAG POLE (TO BE RESTORED SE OF POLE ON OF PROPOSED UNIPOLE) (6) AT�cT PANEL I REPLACE FLAG POLEV-41 ANTENNAS INSTALLED WITH 7W UNIPOLEWITHIN TOP TWO COMPARTMENTS . T 300 S.F. EQUIPMENT OF PROPOSED UNIPOLE ROOM IN BUILDING E,UNITS 703, 704 ,771 �'rL__J AND 772 `� I SEE SHEET LE-2 ❑ a I COAX CABLES TRENCHED NOERGROUND FROM EQUIP NT HVAC UNIT INLET/OUTLET ROOM TO UNIPOLE VENTS THROUGH WALL I Q E Storm Drain 1 1 I / (TYp). I _ 1 Fence n (IL I ,�Rglling Gate I I 7t::;; DUITST BUILDING E I 1- Parking Lot m t c b W w I I I CSC.CABINET 75KVA Transformer I I DETAI LED SITE PLAN I L -2 0 s0• 100' I I PROPOSED METER AND 1DISCONNECT I �" ATTACHED'TO BUILDING EXTERIOR. I ► COORDINATE WITH UTILITY COMPANY. SITE # L I 1 0 2 5 Existing Meter and Disconnects ISSUED FOR REVIEW — 12/22/09 DRAWING TITLE: DRAWING NO.: LEASE EXHIB]T ! at � PROJECT INFORMATION: LE-2 MALlCK d ,SCHERE{T, P.C S OU THH'OL D Qh5lR TlAG.EAGlA£ERS S 8 NO OM%IDS 5 REXI.SIONs 8 DATE ISSUEDi 10/08/09 CLWSTRLCTlLiV lHSPECTt]45 100-8 MDR70N S LANE LAM?SGI4YEYORS SOUTHOLD. NY 11971 TRAIN BY:GCE CHECKED BY1 CCS ONE SALEM SOLPME. 295 RT.22E 15 East Mdland Avenue PROPERTY 01tNERs SCALE: AS NOTED APPROVED BY: GS N, MiITEHMSE STATIONJ 88889 Paramus. NJ 07652 PHONE■ 948-534-4995 908-534-0507U-STORE-IT LP SHEET ND.s 2 OF 3 50 FAXg 908-534-07 A/E PROJECT NO.: 098EC008 C AT&T Nobility. This tlOCumt was created for Bechtel Corporation under.on•agreeaslnt rith AT&T. No part of m this OoRi+it may a6 reproduced ar used In any farm except vF1th the written permission of AT&T or Bochtel.' LEGEND LIGHT LINES DENOTE EXISTING CONDITIONS HEAVY LINES DENOTE PROPOSED CONDITIONS (6) ATU PANEL ANTENNAS INSTALLED WLTHN TOP TWO COMPARTMENTS OF PROPOSED UNIPOLE REPLACE FLAG POLE 75' +/- AGL WITH 75' UN106LE (TOP OF. UNIPOLE) 73 +/- AGL (RAD CENTER) -\-68 +/- AGL (3) Antenna Future �� CENTER) Carrier Space 63' +/- AGL (3) Antenna Future (Rod Center) AT&T 300 S.F. +/- EQUIPMENT Carrier Space 58' +/- AGL ROOM N BUILDING E. (Rod Center) wilding D UNITS 703, 704 .771 AND 772 SEE SHEET LE-2 Building EHVAC UNIT INLET/OUTLET VENTS THROUGH WALL r e COAX CABLES TRENCHED UNDERGROUND 'FROM EQUIPMENT ROOM 'IN BUILDING E TO UNIPOLE SEE SHEET LE-2 (� BRICK PLANTER AT BASE OF EXISTING FLAGPOLE (TO BE RESTORED AFTER INSTALLATION OF PROPOSED UNIPOLE) 1 WEST ELEVATION LE3 0 40' so, SITE # LI1025 ISSUED FOR REVIEW — 12/22/09 M&S DRAWING TITLE! DRAWING ND.t LEASE EXHIBIT JL PROJECT INFORMATION: LE-3 MALI CK eE SCHERER, P.C `& SOU TH H OL D QVSZTZAGEAGIAEERS SiTEti1 L11025 REVISION: B DATE iSSf1E0:10/08/09 CONSTRtCrIQY INSPECT 1040-8 UHORNY71 T ,119 LANG SLt4YFrLWS SDTHODRAWN BY:GCE I CHECKED BY: CCS M E'SALEN SQUARE, 295 RT..-22E 15 East Midland Avenue PROPERTY OWNERS SCALE! AS NOTED APPROVED BY:GS YM TEHQUSE'STATION. Ne 88889. Paramus. NJ 07552 PHONEI 988-534-4995 U—STORE—IT LP SHEET NO.1 3 OF 3 FAM 98B-534.0587 A/E PROJECT Na.: 09BECOOB Notice Criteria Tool Page 1 of 2 y' Federal Aviation « of/AAA Administration Notice Criteria Tool The requirements for filing with the Federal Aviation Administration for proposed structures vary based on a number of factors:height,proximity to an airport,location,and frequencies emitted from the structure,etc.For more details,please reference CFR Title 14 Part 77.13. You must file with the FAA at least 30 days prior to construction if: your structure will exceed 200ft above ground level your structure will be in proximity to an airport and will exceed the slope ratio your structure involves construction of a traverseway(i.e.highway,railroad,waterway etc...) your structure will emit frequencies,and does not meet the conditions of the FAA Co-location Policy your structure will be in an instrument approach area and might exceed part 77 Subpart C • your structure will be on an airport or heliport If you require additional information regarding the filing requirements for your structure,please identify and contact the appropriate FAA representative using the Air Traffic Areas of Responsibility map for Off Airport construction,or contact the FAA Airports Region/District Office for On Airport construction. The tool below will assist in applying the appropriate slope calculations per Part 77 Notice Criteria. Latitude: 41 Deg 0 M 56 S N' )i Longitude: 72 Deg 0 M 57.41 S VV, j Horizontal Datum: NAD83 J Site Elevation(SE): 38 (nearest foot) Structure Height(AGL): 75 (nearest foot) 7raverseway: No Traverseway 't--1 (Additional height Is added to certain structures under 77.13(a)(3)) Is structure on airport: pU No L Yes Results You do not exceed Notice Criteria. https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction jsp?action=doNoNoticeRequiredT... 1/26/2010 Notice Criteria Tool r Page 2 of 2 � I i i i I i I https:Hoeaaa.faa.gov/oeaaa/extemal/gisTools/gisAction jsp?action--doNoNoticeRequiredT... 1/26/2010 Vendor No. Check No. Town ofSouth New York- Pa�n3ent Vuncher 3373 Entefed.by Vetldor Narne� IVendorALdr�ss CITYSCAPE CONSULTANTS, INC, 7050 W Palmetto Park Rd#15-652 Audit Date Vendor Nu r6er 561-558-2808 Telephone Boca Raton,FL 33433 p , Town:Clerk Vendor Ccllttam Kay Miles(954)609-9797 direct Invoice tmroice invoice bier Petrt}tBse Order; Number Date Total Discount Ario=iCiaimod Nuiober Dra lion of.Gosd-cgrServlees CloneruFi.ed erFund:,and.AmouvitNtimber 3167 03/27/2015 $5475,00 . n/a $5,475.00 26551 Consulting Services re: 1 D Wireless Application for AT&T Wireless 1-I-1025 SCTM#1000-634.fO 1040-B.Horton's Lane t { Payee Certification Departmettt Certi>ticat;ion Ilac undtarai�mcd aitzi �F}-{Actin$opt be i2lfof @se above ir�inned.clalrC�atnt) Z hereby certify itiatidw materials above.xpeeMed nava been received by tree doi:s hereby ce:tify tont the fbrtl oing claim is true and comok,tliat popart has in good condition without sabstitud6tt,.the services properly htert paid,except as:therin statod,that the balance therein staled is ac.1wally � performed ane/thin the quantities d}ide6f have been verified with Ilse cxccptiorn dtie and o,,ving,a.nd ths<t taxes Pre wbich the T'owti.is excrupt are.mduded. tit,dilor pencies n6ted,and payment is Approved. .Signa Title Business Manager - ('pmpazy D$RLPE _. Tido Drttd ONE �° +�� INVOICE CONSULTANTS, INC. DATE INVOICE# 7050 W. Palmetto Park Rd #15-652 Boca Raton, FL 33433 3/27/2015 3167 Tel: (877)438-2851 Fax: (877) 220-4593 BILL TO EC E � VIE Town of Southold APR 33 2015 Heather Lanza, AICP, Planning Dir P.O. Box 1179 Southold Town Southold, IVY 11971 Planning Board Project Ref/PO: ATT 1040 B Horton's Ln Description Rate Amount Site Application Review and Analysis: AT&T LI-1025 5,475.00 5,475.00 Site Application submitted by AT&T Wireless;to construct a new facility located at 1040-B Horton's Lane, Southold, NY Review completed (Prelim 03/17/2014)(Final 02/05/2015); Public Hearing 03/09/2015-RLEdwards/J N Edwards SCTM: 1000-63-1-10 PURCHASE ORDER#26551 Total $5,475.00 www.CityScapeGov.com Vendor No. Town of Southold, New York- Payment Voucher 3 Sri 3 Vendor Name Vendor Addressr}Ie :bY::::;. CITYSCAPE Ql c�1►Tnn�m _ ::`::: : :::::::::. Vendor Te umber hone NINC—.-- 70501V PALM �. Erro PA C.' R k Rd #15,652 ......:.:...:.:.::.::' .:�� ;`::�;:;�;:: ..............................".............. Vendor Contact BOCA RATON, FL 3340 J r Invoice Invoice Invoice - i' Net Purchase Order _ Number Date Total Discount Amount Claimed Number Description of Goods or Services ;-;CjepeCal;FedeE 1iu 'add'AGcb'dri4'1q:4itiTscr::';'; a6ss iy�e•SS (Ic i - `IT tle�•�Cr v\e� 1 } _ y _ _ f 4 i _ 1 Payee Certification Department Certification The undersigned(Claimant)(Acting on behalf ofthe above named claimant) I hereby certify that the materials above specified have been received by me does hereby certify that the foregoing claim is true and correct,that.no part has in good condition without substitution,the services properly been paid,except as theieur stated,that the balance therein stated is actually performed and that the quantities thereof have been verified with the exceptions due and owing d that taxes from which the Town is exempt are excluded or discrepancies noted,ed,and payment is approved. Sigrnttue TidaSig nat / ure Company Name Date ! �( T Cade Data I INVOICE C O N SU`LT A N T S.; INC. DATE INVOICE# 7050 W. Palmetto Park Rd#15-652 Boca Raton, FL 33433 9/5/2014 3094 Tel: (877)438-2851 Fax: (877) 220-4593 U BILL TO Mee, �`� Town of Southold � / � f � � J' � Heather Lanza,AICP, Planning Dir j V �- C P.O. Box 1179 Southold, NY 11971 1 bi- ) 1 Description ;count Site Application Review and Analysis: ATT LI-1025 5,000.00 5,000.00 Site Application submitted by AT&T Mobility;to construct a new facility located at 1040-B Horton's Lane, Southold, NY Review completed 03/17/2014 SCTM: 1000-63-1-10 PURCHASE ORDER#26551 Total $5,000.00 www.CityScapeGov.com - ', INVOICE CONSULTANTS, INC. DATE INVOICE# 7050 W. Palmetto Park Rd#15-652 Boca Raton, FL 33433 9/5/2014 3094 Tel: (877)438-2851 Fax: (877) 220-4593 !!(� BILL TO 1� � C E, N Town of Southold I SEP 16 2014�� Heather Lanza, AICP, Planning Dir P.O. Box 1179 Southold Town Southold, NY 11971 Planning Board Project Ref/PO: ATT LI-1025 1040b Hortons Ln Description Rate Amount Site Application Review and Analysis: ATT LI-1025 5,000.00 5,000.00 Site Application submitted by AT&T Mobility;to construct a new facility located at 1040-B Horton's Lane,Southold, NY Review completed 03/17/2014 SCTM: 1000-63-1-10 PURCHASE ORDER#26551 Total $5,000.00 www.CityScapeGov.com y r7+ a - TOWN OF SOUTHO I- Purchase Order #, 26551 :'Tax Exempt:* A 163554 ' Date ' February 20, 2014 Account B 8020 4 500 .350..'. Deliver and'send billing to:; . Vendor Department PLANN I NG BOARD Cityscape Consu`Itants, Inc. Address "7050 Palmetto : . Park Rd #15-652 Boca Raton, FL 33433 VENDOR "'Return this copy a-nd'Towri.of Southold voucher itemized and signed for.pavment•". ITEM QUANTITY DESCRIPTION UNIT COST TOTAL . ., Gonsu,lting. se�,vre W �: s'. . . . - =Appki'cat�o;� AAT' e fC In, at 10,4A. o01 ons Lan NOT TO ' EXCEED SCT ' 0 -63 1�,10t 'k S" 1 Eo THIS-PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE-DEPT. HEAD AND THE.SUPERVISOR I CERTIFY THAT THERE ARE SUFFICIENT NDS'AVAILABLE FIJ IN TH P R RIATION'CHARG Dept. Head CERTIFY.THISTOBE:AJU,ST. ; AND TRUE RCHASE ORDER Supe isor Vendor No. taeck:l�lti n of Southold New York - Pa iJ Tow , Payment Voucher y Vendor Name Vendor Address i�iiteied - 2:<?` ' ..................................... .................................... . ........................ ............ .................................... :::::::::....:.. Vendor lephone Number �I $ �� --30-7 /j ��C � or :Clerk:.:_:.:;::::'>:.:.:. :.:::::::::::::::::: Vend r Contact Invoice Invoice Invoice I Net Purchase Order ( J-- Number Date Total Discount Amount Cll�aiiymmeed. Number Description of Goods or Services Geiieial Led(g�e�r:Eprid:aiid:Ac�ca�uriltZNumber.:;:;: 5 �. O Payee Certification Department Certification The undersigned(Claimant)(Acting on behalf of the above named claimant) I hereby certify that the materials above specified have been received by me does hereby certify that the foregoing claim is true and correct,that no part has in good condition without substitution,the services properly been paid,except as therein stated,that the balance therein stated is actually performed and that the quantities thereof have been verified with the exceptions due and owing,and that taxes from which the Town is exempt are excluded. or discrepancies noted,and payment is approved. Signature Title �w112r Signa Company Name ( Date 2 Title Date (�' LC C�IientiSout hOld NY-New Cin gula' Invoice 9/25/2010 �1NireJess1=1040 B Hortons Lane Southold=SCTM#1,00_Q 63-1'-9"0 _ The Center for Municipal Solutions W-- -i. . _ .- Invoice#:31637-001 70 Cambridge Dr. Glenmont, NY 12077 Date: Description (518)439-3079 Hrs Rate: Expenses. Amount 24-Aug Initial review of application materials and response 4.0 $ 250.00 $ 1,000.00 TOTAL AMOUNT DUE $ $ 1,000.00 $ - $ 1,000.00 I, Richard A.Comi,certify that the above account in the amount of $ 1,000.00 is true and correct;that the items,services and disbursements charged were rendered to or for the municipality on the dates stated;that no part has been paid or satisfied; that taxes,from which the municipality is exempt,are not included;and that the amount claimed is actually due. 9/01/10 (Electronic Signature) Date Signature 1 . P MAILING ADDRESS: PLANNING BOARD MEMBERS �QF S®(/rP.O. Box 1179 MARTIN H.SIDOR �0� ��O Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS �Q 54375 State Route 25 JOSEPH L.DONALD J.WIL E (cor.MainNSKI SEND � COU��y'� SouYoungs Ave.) thold, NY �1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: . Accounting From: Planning Department Date: August 5, 2010 Re: Payments Please deposit the attached check into a deferred account. It represents Consultant fee for a wireless application not yet accepted by the Planning Board. Applicant/Project Name Tax Map Amount Check Date/No. Type # Authorization Code Wireless consultant fee 63-1-10 $8,500 8/3/10-2130 MAILING ADDRESS: PLANNING BOARD MEMBERS OFSOyo P.O. Box 1179 MARTIN H.SIDOR �Q l� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS c/a Town Hall Annex KENNETH L.EDWARDSG �QQ (cor.M 54375 State Route 25 GEORGE D.SOLOMONJOSEPH L.TOWN END �� COU01 Soain uthold,Youngs Ave.) d,NY ISI 1, Telephone: 631 765.1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: June 2, 2010 Re: Payments Please deposit the attached checks into a deferred account. They represent Wireless Site Plan Application and Special Exception fees for an application not yet accepted by the Planning Board. Applicant/Project Name & Tax Map Amount Check bate/No. Type # t Authorization Code AT&T @ Horton's Lane 63-1-10 $2,000 4/19/10-2225 AT&T& Horton's Lane 63-1-10 $1,000 4/19/10-2224 LR Atts.