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Home My WebLink About35878-ZFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34816 Date: 01/28/11 THIS CERTIFIES that the building COLOCATION OF ANTENNAS Location of Property: 9245 MAIN RD (MOUSE NO.) (STREET) County Tax Map NO. 473889 Section 31 Block 3 subdivision Filed Map No. Lot NO. EAST MARION (HAMLET) Lot 11.31 conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 1, 2010 purs~,a-t to which Building Permit No. 35878-Z dated SEPTEMBER 20, 2010 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is COLOCATION OF T-MOBILE ANTENNAS ON EXISTING MONOPOLE AS APPLIED FOR. The certificate is issued to EAST MARION FIRE DISTRICT ( OWNER ) of the aforesaid building. SUFFOLK COI]NTYDEPARTM~NT OF [{]~LTI{APPROVAL N/A EL~t-rKICAL ~K'~IFICATH NO. 35461 01/19/11 CERTIFICATION Da'r~u3 N/A '~/o~/i~ature Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PEP, MIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35878 Z Date SEPTEMBER 20, 2010 Permission is hereby granted to: MARION FIRE DISTRICT EAST PO BOX 131 EAST MARION,NY 11939 for : COLOCATION OF T MOBILE ANTENNAS ON EXISTING MONOPOLE AS APPLIED FOR at premises located at County Tax Map NO. 473889 Section 031 pursuant to application dated SEPTEMBER Building Inspector to expire on MARCH 9245 MAIN RD EAST MARION Block 0003 Lot No. 011.031 1, 2010 and approved by the 20, 2012. Fee $ 500.00 ORIGINAL Rev. 5/8/02 Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwritem. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. Ifa Certificate of Occupancy is denied, the Building Inspector shall state the masons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00, Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $.25 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date. // New Construction: Location of Property: Old or Pre-existing Building: (check one) House No. Owner or Owners of Property: ~$ ~- Suffolk County Tax Map No 1000, Section Street Hamlet Block Lot O/lo O~ } Subdivision Filed Map. Lot: Permit No. ~_~ ~ 7~" Date of Permit. ~/~o/?0 Applicant: ~ fi4o ~ J*d Health Dept. Approval: Underwriters Approval: Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ 4 Appl--'q'icant S=ignatur~- ~ Town 1 lall Atmcx .5437,5 Main Road P.O. Box 117!1 ,Soulhold. NY 11!}71 Tclcphont, (631) 76,5-1802 Fax (631) 76,%9302 ro.qer, richert~town.southold, ny. us BI IILDING DEPARTMENT TOWN OF SOUTHOLD CERTIFICATE OF ELECTRICIAL COMPLIANCE SITE LOCATION ssued To: T-Mobile (East Marion Fire Dept) ~,ddress: 9245 Main Rd City: East Marion St: NY Zip: 1193c. ~uilding Permit#: 35461 Section: 31 Block: 3 Lot: 11.31 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: DBA: Uilicia Electric Corp License No: 5244-e SITE DETAILS Office Use Only Residential ~ Indoor ~ Basement ~ Service Only ~ Commerical Outdoor 1st Floor Pool New Renovation 2nd Floor Hot Tub Addition Survey Attic Garage INVENTORY Servicelph ~ Heat ~ DuplecRecpt ~ Service 3 ph Hot Water GFCI Recpt Main Panel NC Condenser Single Recpt Sub Panel A/C Blower Range Recpt Transformer Appliances Dryer Recpt Disconnect Switches Twist Lock Other Equipment: Ceiling Fixtures [~ HID Fixtures Wall Fixtures ~.~ Smoke Detectors Recessed Fixtures [~ CO Detectors Fluorescent Fixture ~ Pumps Emergency Fixtures[~ Time Clocks Exit Fixtures L~ TVSS 200a panel, 2-50 and 2-70 amp branch circuts to cellular equipment, 1-150w HPS flood light Notes: Inspector Signature: Date: Jan 19 2011 81-Cert Electrical Compliance Form TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ]ROUGH PLBG, [ ] FOUNDATION 2ND [ ] ~ON [ ] FRAMING / STRAPPING [ ~/]/FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION REMARKS: ~) P'~-~ ~/! ;~=~ //~ ~"c /~,--~ DATE INSPECTOR BAY STATE DESIGN December 7, 2010 Mr. Gary Fish Building Inspector Town of Southold, Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 (631) 765-1802 Ref: Construction Affidavit T-Mobile Site ID LI 13-345A 9245 Main Road East Marion, NY 11939 Dear Mr. Fish: Based on my knowledge, I hereby certify that the completed concrete pad construction conforms to the approved plans and State of New York Building Code. Scope of Project: Install 8" thick concrete pad for equipment cabinets. Site photographs are available upon request. Please contact our office if you have any questions. Sincerely, Gi Kai Wang, P.E. BI DG DEPT. TOWN Or SOIITHO[D Bay State Design, Inc. 241 Boston Post Road West Marlborough, MA 01752 Tel. (508) 229-4100 Fax (508) 485-5321 www. BayStateDesign.com TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (6~1) 765-1802 FAX: (631) 76~9502 www. noFthfoFk.ne~Southold/ PERMIT NO. Examined ,20 Approved ,20 msapproved,/c BUILDING PERMIT APPLICATION CHECKLIST Do you have or ~d the following, before epplymg? ~ of Health 4 sets of Building Plmts Pienuing Bcerd approval Survey. Check Septic Form N.Y.SDE.C. Trustees Contact: Building Inspec~r PPL1CATION FOR BUILDING PERMIT Date ,20.__ INSTRUCTIONS npletely filled in by typewriter or in ink and subrui~d to the Building Inspector with 3 Fee according to schedule. ~'lot end of boildings an premises, reintiouship to adjoining premises or public slreels or c. The work covered by this application may not be commenced before issuance of Binldmg 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 p~nalses available for inspection throughout the work. e. No building shall be occupied or used in whole or in pm for any purpose what so ever anal the Building Inspector issues a Certificate of Oecupancy. f. Every building permit shall expire if the work authorized bes not commenced within 12 months after the date of issuance or bus not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the pioperty have been enacted in the interim, the Building Inspector may authorize, in vaiting, the extension of the permit for an ~dditian slx months. Tbereai~r, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Depmlment for the issuance ora Building Permit porsuant to the Building Zone Ordinance of the Town of Soothold, Suffolk County, New York, end other I~0plicable Laws, Ordinances or Regal~tions, for the construction of buildings, additiom, or alteratiom or for removal or demolition us herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, m~d regulations, and to admit authorized/nspectors on premises md in building for necessery inspections. (8ignmure of appl~nt or name. if a corponlfion) ~lll / t (M~ilingaddressofeppbeant) State whother applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises (As on the tax roll or lmest deed) If ~pplicant is a corporation, si~aature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. I. Location of land on which pmp~_~ work will be done: House N~r S~ ' ~let Co~T~MapNo. l~ ~,on 31 .~k ~ Lot II. 31 SuMivisi~ Fil~ ~ No. Lot ~e) State existing use and oecupancy of premises and Jntend~ use and occupancy of prop%s~_ cons~'ueti,om a. Existing use and occupancy ~'~,~T (~l~ Q It°q~ FIAlgI'ONt"30. ~-~a,q /iq'JO10 0 b. lntendeduseandoceupancy ~)IIOCiZ~DIX) of 'T'21q~Obt~e ee//~t~c' tqt~:vxl',Rl~ Old Nature of work (check which applicable): New Building Addition ~.- Alteration Repair Removal. Demolition Other Work ~-;~c:~3 /t Estimated ZOO Cost Fee ~l (To be paid on filing this application) If dwelling, number of dwelling units ~ Number of dwelling traits on each floor If 0amge, number of cars If business, commercial or mixed occupancy, specify nature and extent of eech type o£use. Dimensions of exisfing stmetums, if any: Front. Rear Depth -- Height I fO F'eeT' Npmber of 8redes Dimensions of same structure with alterations or additions: Front Rear Depth. -- .Height ~P"7 ~ ;N ,.~,~ber of Stories Dimensions ofantire new construction: Finn*~''~°~° ;~-~s- ~Re~."i ,'o~ O~ t%(~.~ Depth Height Number of Stories Size of iot: Front Rear .Depth 10. Date of Purchase ~' Name of Former Owner lt, Zone or use district in which premises am situateti Loco 12. Does proposed constmetion violate any zoning law, ontinanee or regulation? YES__ NO 13. Will lot be m-graded? YES NO I//Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner or mi £ ffrllfatlog FI) Address ?a ~S ~0d'N ~. Phone Name ofArehiteet ~a,¥ 2~F~.'~'t*a Address ~ gl ~eg~ot~ ~ k!~ Phone No~ Name of Contractor /1~ J~)~'Otq q~)~ V Adclress~tq ~L~°r'aN POb°F ~?4Phone No.,ffo~ ~ bTO. q- q lot6 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? * YES NO __ · IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BEJi~EQUIRED. 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 aecurate foundation plan and distances to property lines. 17. If elevation at any ~oint on property is at 10 feet or below, must provide topographical data on sumey. (N~-,~ o f in.ual si~ning eonlmct) above named, (S)He is the (Contractor. Agent, Corpor~e Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work end to make amd file this application; that sll statements contained in this ~plication ~re true to the best of his knowledge and belief; end that the work will be performed in the roamer set forth in the application filed therewith. TOWN OF SOUTItOLD BUILDING DEPARTMENT TO~NN HALL SOUTHOLD, NY 11971 TEL: (~1) 7(x%1802 FAX: ((x~l) 76~9502 w~% n or th fork,net/Southold/ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you ~ve or .~ me following, ~ apply~ Sept/e Form Date ,20 INSTRUCTIONS - tetely filled in by g, pevaiter oq ia ~k ~d submitted ~o the g~l~g I~ ~ 3 e ~rd~ to ~d of b~d~ ~ ~ ~p ~ ~jo~g pr~ or ~lie s~ or e. ~ w~ ~ed by ~ ~ti~n may ~t sh~l ~ ~ ~ ~e ~ a~e for ~n ~oa e. No ~g ~I ~i~ ~ ~ ~ ~ole ~ ~ ~ ~ ~ ~ ~ ~1 ~ B~ng ~r im~ or ~ not ~a ~leffi ~ 1 S ~ ~ tach ~PLICA~ON ~ ~Y ~E to ~ Bug~ BO~ Zorn ~ of~ Tom of~ol& S~lk ~m~, R~, for ~ ~on of ~fl~, M~, ~p~t ~ to rumply ~ ~1 ~ti~le 1~, ~m~, au~o~fl ~cto~ ~ premi~ ~d ~ ~ f~ n~ Sram whe~er ~pti~t is ow~r, [~, ~ ~t~ en~r, ~ conm~, el~d~ plum~ or build~ (~on~m mil ~l~ ~) If appllmt is a m~, si~ of duly a~oR~ (Name and title of corporate officer) Builder~ Liomse No. Plumbers License No. Elec~clan$ License No. Other Trades License No. 1. Locafioa of ta~ on ~hi~ pro~_sed work w~tl be done: House Numbor - Street ' Hamlet COUrt' Tax Map No. 1000 Section ~i Block Subdivision Filed Map No. (Name) Lot 2. St~t~ ¢~ sting us~ and occupancy of premises and intended use and oc~, upency ofpropo.~d~ -- __~ 3. Nature of work (check which applicable): New Building, Addition ~ Rep~ R~mo,-al Demolitlon Oth~ Work ~-,-.g4 (To be paid on iiling ~i$ applicaQon) 5. If dwelling, nmnber of dwelling units ~ Number of dwelling units on each floor If garage, number of cars Dimensions of exisdng straemms, if any: Front Rear .Depth Height [ tO F~ Number of Stories Rear Dimensions of same stru~*ure wtlt~ alterations or additions: Front DepiJl --~eight ~77~ Nora ,1~ r of St~or~,es Dim~ndons of eatlrc new cor~rucfiori: Front-~7~°~> ' k~ ~; "~/0 ~,.., O ' Rear Depth Hei§ht ,Number of Stories Size of lot: Front Rear Depth 10. Da~¢ of Pm-chase. ~ ~ Name of Former O~er 12. ~ ~o~ com~on viola~ ~y zo~g I~, or~ or ~{~on? ~S NO 13. Will lot ~ m-~? ~S NO ~ Wffi ~ ~I ~ ~ov~ ~m ~mi~? ~S NO 15 ~ ls ~is pro~' M~ 1~ f~t ora li~ w~ ~ a ~ w~d? *~S NO b. Is ~ pro~ w~ ~ f~ ora ti~ ~? * ~S NO ' IF YE~ D.RC. PE~t~ ~Y BE ~QUI~. !6. Provide smwey, t~ s~ale, with accurae foundation plan and dis~ancas to property lin~s. ! 7, If elevation at any point on property is at 10 feet or below, mast provide topographical data on survey. , ~ SS: COOqvry OF/~ (Con.mr, Age~ Co~ Offi~, ~,) --*: '~;., I /.~c,3 *~e~ 61,~e:' · ~1 Pha~'. 3Phase AddittenaH'nfo rmatiorl: ~ /t. # t00 Underground. N~'llberoflVl~'t~ Chqngeer,.~.,rvl~e PAYI~ENT; DUE WITH APPLICATION. '~SL0'1,69 FOR INTERNAL USE ONLY SITE PLAN USE DETERMINATION Initial Determination Date: ~'/ ¢1-3 / ¢ Project Name: ~ ~ Project Address: ~2 ~-¢'¢- ~/~. ~_,~_ Date Sent: Suffolk County Tax Map No.:lOOO- 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:/,/z4_/~, Initial Determination as to whether site plan is required: Planning Department (P.D.) Referral: P.D. Date Received: / / S~gnature of Building Inspector Date of Comment: / Comments: Final Determination Date: / / Decision: Signature of Planning Dept. Staff Reviewer Signature of Building Inspector FOR INTERNAL USE ONLY ' .,SITE PLAN USE DETERMINATION Initial Determination Date: ~' / ~3 / ¢ ,~, Date Sent: Project Name: c Project Address: Suffolk County Tax Map No.:lO00- ~ / - ~ -//(.-~/Zoning District:. /~/-C) (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:?~.4_¢~..¢ Initial.~. ~Dc'tcr; ,m',,-~t;.oj ,~r ~": I~:"' I~ ~' ~ether site plan is required: ~ OCT 15 20095~ Referral: BLDG. DEPT. S4'gnature of Building Inspector Date of Comment: ~'0 ~ ~/~"/ 09 'l Signature of Building Inspector : TO: T Mobile USA, Inc. Maxton Technology 20 W Crescent Ave. Allendale, NJ 07401 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 15, 2009 Please take notice that your application dated September 14, 2009 For permit to co-locate a wireless facility & install equipment at Location of property: 9245 Main Road, E. Marion, NY County Tax Map No. 1000 - Section 31 Block 3 Lot l 1.31 Is returned herewith and disapproved on the following grounds: The proposed construction requires Planning Board site plan review & special exception approval per Section 280-71 of the Town Code. Authorized Signature CC: file, Planning Board Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND October 23, 2009 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re, Nielsen, Huber & Coughlin, LLP Att: John Coughlin 36 North New York Avenue Huntington NY 11743 T-mobile Northeast LLC, at E. Marion Fire District Located at 9245 Main Road SCTM#1000-31-3-11.31 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, Telephone: 631 765-1938 Fax: 631 765-3136 BLDG. DEPT. __ TOWN OF SOUTNOLD Dear Mr. Coughlin; I'm writing as a follow-up on our telephone conversation and to clarify what approvals are required for the above application. As mentioned to you, based on the amendments made to the Southold Town wireless code, all wireless facilities and modifications thereto shall require a building permit, site plan approval, and special exception approval unless listed as exempt in Sec 280-71 "Required Approvals". A building permit would only be required when the support structure meets the General Requirements in Sec 280-70. In this instance, the existing tower is 110' feet in height and exceeds the max height allowed of 45 feet in a residential zoning district. Furthermore, Sec 280- 71(B) states that a wireless facility is permitted requiring a building permit and site plan approval without the requirement of special exception approval if it again, conforms to Sec 280-70 general requirements, and as referenced above, this proposal does not. Therefore, based on the above reason, your notice of disapproval would still apply and applications for a site plan and a special permit should be made to the Planning Board for consideration. It should be noted, that an amended site plan could be made for this application since there is an existin9 site plan on file. Last, please read Section 280-74 for the application requirements for the necessary approvals you seek and schedule a pre-submission meeting with the Planning Department for the same. Should you have questions regarding the application requirements, contact me anytime. Thank you. Sincerely, Cc: Planning Board Heather Lanza, Planning Director Jennifer Andaloro, Asst. Town Attorney Michael Verity, Chief Building Inspector TO: T Mobile USA, Inc. Maxton Technology 20 W Crescent Avenue Allendale, NJ 07401 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 15, 2009 Please take notice that your application dated November 18, 2009 For permit to co-locate a wireless facility and install new equipment at Location of property: 9245 Main Road, East Marion, NY County Tax Map No. 1000 - Section 3t Block 3 Lot 11.31 Is returned herewith and disapproved on the following grounds: The proposed request to co-locate a wireless facility & install new equipment requires Planning Board site plan review & special exception approval per Section 280-71 of the Town Code. Authorized Signature CC: file, Planning Board Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOV~NSEND DONALD J. WILCENSKI To: From: NNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Michael Verity, Chief Building Inspector Heather Lanza, Planning Director cA ~ MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southald, NY Telephone: 631 765-1938 Fax: 631 765-3136 Date: August 31, 2010 Re: Planning Report - Wireless Facilities Building Permit Application T-Mobile co-location. East Marion Fire District. The Planning Department has reviewed the application referenced above pursuant to Southold Town Code §280-74 B(2) to determine if it qualifies for a building permit at this time. This application qualifies for a building permit on two conditions: The applicant must submit a revised building permit application for the unpermitted wireless facility at the LIPA station in Greenport on tax map # 1000-45-1-14.1 prior to receiving the building permit for the subject property (carriers with unpermitted facilities in Southold cannot be issued permits for new facilities - the Planning Board has already determined that T-Mobile is showing an effort to permit the facility (in granting approval for their Cutchogue site plan) - thus submitting the revised building permit application further demonstrates their intention to carry out the permitting process. A certificate of occupancy should not be granted for the subject application until the permitting process for LIPA site is complete). 2. The applicant must submit a new landscape plan that is a duplicate of the attached plan except that the new plan will be signed and sealed by the company that produced it. The application meets all the General Requirements of Section 280-70, and all the requirements of 280-71 A.2.(b). The base equipment will be entirely concealed from view as shown on the landscaping plan to be submitted (see # 2 above). The landscaping must be planted as shown and maintained to qualify for a certificate of occupancy. I0 Town of $outhold - ~-~ .... NT FOR_. LOC~TIG~ ~.,T.M.~ Till FiNA.ONII8 ACTIONB MAY ! .... DrUg'" & Erosion ConSol Phln hi Required ~lnd Muet b,l 8uth.;;;m; ~r Review Prtor to Msulnoe of ~ B~Mi~ ~ N~: Ifk"YAn~ertoQu~lkm. Onethm.ghNInel~Anm~md~dlhaChe~V,n~lnlheBex, I~,Gmdl~, Owner and/or representative of d~c Owner of Owner's, and is duly authorized m perform or have performed the said work and to make and file this application; that ali statements contained in this application are true to the best of his knowledge and ~ and that the work will be performed in the manner set forth in the appficadon filed he~vith. Svmrn to before ,ne this;, FORM- 06107/ (,.~./' ~ ' Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, NY I 1971-0959 Telephone (631) 765-1802 Fax (63 I) 765-9502 January 11, 2011 BUILDING DEPARTMENT TOWN OF SOUTHOLD Re', Neilsen, Huber & Coughlin, LLP Attorneys At Law 36 North New York Avenue Huntington, NY 11743 RE: East Marion Fire District, T-Mobile, 9245 Main Road, East Marion, NY, 1000-31-3-11.31 TO WHOM IT MAY CONCERN: The Following Items Are Needed To Complete Your Certificate of Occupancy __ Application of Certificate of Occupancy. (Enclosed) Electrical Underwriters Certificate. A fee of $50.00. Final Health Department approval. Plumbers Solder Certificate. (All permits involving plumbing after 4/1/84) Trustees Certificate of Compliance. (Town Trustees #765-1892) Final Planning Board approval_ ~'~'b'~-'~ ~ V',~& c(, Final Fire Inspection from Fire Marshal. Final Inspection from the Building Dept. Final Landmark Preservation approval. Building Permit:: 35878-Z antennas Federal Communications Commission Wireless TeleCommunications Bureau Radio Station Authorization Page 1 of 2 169 UCENSEE NAME: T-Noodle Ltcense LLC DAN MENSER T-MOBiLE LECENSE LLC 12920 SE 38TH STREET BELLEVUE WA g8006 Grant Date -29-2006 FCC Registration Number (FRN) 0001§65449 Call Sign File Number WOGB263 0002769270 Radio Service ;ffective Date I Expiration Date 11-29-2006 I 11-29 ~2o21 Market Number CMAO01 A Print Date 1t-30-2006 Channel Block sub-Market Designator o Market Name: Ne. York, NY-Nd/Nassau-Suffolk 1st Build-out Date 2nd Build-out Date Srd Build-oat Date 4th Build-out Date SPECIAL CONDITIONS OR WAIVERS/CONDITIONS ("special conditions or WatvePs/Cond~t~ons" conttr~ed on nex~ page ...) Conditions: Pursuant ~ Section 309(h) of the Communications Act of 1954, as amended, 47 U.S.C. Section BOg(h), this license is subject to the fallowing conditions: This license shall not vest in the licensee any right ta operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license i~or the right granted thereunder shall be assigned or otherwise.transferred in violation of the Communications Act of 1934, as amended. See 47 U.B.C. Section 310(d). This license is subject in farms to the ~ght al use or control conferred by Section 706 of the Communications Act of 1934. as amended. Bee 47 U.S.C. Section 606. To view the geographic areas associated with the license, go to the Universal Licensing System (UL8) homepage at htlp://wircless.foc, gov/uls and select "License Search". Follow the instructions on how to search for license information. FCC 601 - MB February 2006 Ucen$~ I~cln~e: T-MoPi le License LLC CoU Sign t~OGD263 Page 2 of 2 File Number Pflnt Date 0002769270 tl-30-2006 Spectal Conditions or Waivers/Conditions Deutsche Telekom AG, VoiceStream Wireless Corporation, VotceStPeam Wireless Holding Corporation and the Department of dustice (DOd) and the Federal Bureau o ~ [nvesttg&tfon (FBI), which addresses national security, law enfoncement, and public safety issues of the FSX and the DOd ~egaPdlng the authority gpanted by this l~cense. Nothing in the Agreement le Intended to limit any obligation or regulation Including, but not limited to, 47 U.S.C. Section 222(a) end (e)(1) an~ the :CC'S 1mo~ementtng r~ulations. The Agreement is published at VotaeStPeam-DT Order, [B Docket NO. 00-187. FCC 0t-142 16 FCC Rca 9779, 9853 (2CX31). FCC 6~1 - MB FAA 2-C SURVEY CERTIFICATION Applicant: T-MOBILE NORTHEAST, LLC 3500 Sunrise Highway Suite D-203 Great River, NY 11739 Site Name: Site Number: Site Address: East Marion Fire Department LI 13-345A 9245 Main Road East Marion, New York 11939 Horizontal Datum: [] Ground survey [] GPS survey Vertical Datum Source: NAVD 1988 AMSL [] GPS survey Structure Type: [] New Tower [] Existing Tower [] RoofTop [] Water Tank [] Smokestack [] Other Latitude: Longitude: Site Base Elevation: Top Existing Unipole: Center of Proposed Antennas: 41°07'41.83'' NAD 83 72o20'28.79'' NAD 83 37' (GROUND) AMSL 110' AGL (147' AMSL) 87' AGL (124' AMSL) CERTIFICATION: I certify that the latitude of 41°07'41.83" and the longitude of 72°20'28.79'' are accurate to within +/- 50 feet horizontally, and that the site elevation of 37 feet AMSL is accurate to within +/- 20 feet vertically. The horizontal datum (coordinates) are based on the North American Datum of 1983 (NAD 83) and are expressed in degrees, minutes and seconds to the nearest hundredth ora second. The vertical datum (heights) are based on the North American Vertical Datum of 1988 (NAVD 88) and are determined to the nearest foot. Company: Surveyor Signature/Seah Lawson Surveying and Ma.~,llmg..,...~ .... 16-18 Reynolds Ave. Oneonta, New York ~'g~-~ Robert J. Lawson, L.S., N.Y.S.~ic. 6 Date: September 8, 2009 PUBLIC AIRPORTS IN PROXIMITY OF CASE File: LI13345A OVERALL ELEVATION (AMSL): LATITUDE: 41° 07' 41.8" LONGITUDE: 72° 20'-28.79" 147 FACiL BEARING DISTANCE DELTA ARP FAB IDENT TYP NAME To FACIL IN N.M. ELEVATION P77 ~T¢) AIR EAST HAMPTON 158.19 10.907 +92 YES fhis facility has at least one runway over 3,200 feet in length. Your structure DNE FAR 77.13(a) (1) or 77.13{a) (2) Notice Criteria for this airport. However, you may EXCEED other Notice Standards. As a minimum, please review reports for FAR Part 77 Obstruction Surfaces, Air Navigation and Communication facilities. You are 65141 feet from the nearest runway threshold and the threshold elevation is 41 feet. Please review runway analysis for remaining airport surfaces. This airport has both Circling and Straight-In Instrument Procedures. Please review published US Terminal (TERPS®) Approach Procedures for this landing facility. DNE 77.13(a) (4) Straight In Criteria HTO Category 'D' Circling Approach Area extends 3.78 NM from each runway. PACiL BEARING DISTANCE DELTA ARP FAR IDENT TYP NAME To FACIL IN N.M. ELEVATION P77 21N AIR MATTITUCK 223.62 11.671 +117 YES This facility does not have a runway over 3,200 feet in length. Your structure DNE FAR 77.13{a) (1) or 77.13{a) (2) Notice Criteria for this airport. However, you may EXCEED other Notice Standards. As a minimum, please review reports for FAR Part 77 Obstruction Surfaces, Air Navigation and Uommunication facilities. You are 70315 feet from the nearest runway threshold and the threshold elevation is 22 feet. Please review runway analysis for remaining airport surfaces. This facility has a circling approach procedure. Circling procedures have a Straight-In segment. The site can be out of the circling approach area and still be in the straight in approach segment. Please review published US Terminal Procedures for this landing facility to determine what impact (if any) this site has on the procedure(s) and/or airport. 8NE 77.13(a) (4) Straight-In Criteria 21N Category 'A' Circling Area extends 1.30 NM from all runways. Category 'B' Circling Area extends 1.84 NM from all runways. Category 'C' Circling Area extends 2.89 NM from all runways. Category 'D' Circling Area extends 3.78 NM from all runways. Category 'E' Circling Area extends 4.73 NM from all runways. EAC!L BEARING DISTANCE DELTA ARP FAR IDENT TYP NAME To FACIL IN N.M. ELEVATION P77 AIR ELIZABETH FIELD 62.14 15.852 +138 YES This facility does not have a runway over 3,200 feet in length. Your structure DNE FAR 77.13(a){1) or 77.13{a)(2) Notice Criteria for this airport. However, you may EXCEED other Notice Standards. As a minimum, please review reports for FAR Part 77 Obstruction Surfaces, Air Navigation and Communication facilities. You are 95355 feet from the nearest runway threshold and the threshold elevation is / feet. Please review runway analysis for remaining airport surfaces. No Circling or Straight-In Instrument Approach Procedures were found for th~s landing facility or your proposed location is greater than 10 nautical miles from tRe airport. NO Expected TERPS® impact. FACIL BEARING DISTANCE DELTA ARP FAR iDENT TYP NAME To FACIL IN N.M. ELEVATION P77 SNC AIR CHESTER 334.15 17.04 269 YES This facility does not have a runway over 3,200 feet in length. Your structure DNE FAR ?/.13(a) (1) Or 77.13(a) (2) Notice Criteria for this airport. However, you may EXCEED other Notice Standards. As a minimum, please review reports for FAR Part 77 Obstruction Surfaces, Air Navigation and Communication facilities. You are 65141 feet from the nearest runway threshold and the threshold elevation is 41 feet. Please review runway analysis for remaining airport surfaces. No Circling or Straight-In Instrument Approach Procedures were found for this landing facility or your proposed location is greater than 10 nautical miles from the airport. No Expected TERPS® impact. FACIL BEARING DISTANCE DELTA ARP FAR IDRNT TYP NAME TO FACIL IN N.M. ELEVATION P77 8}N HEL SOUTHAMPTON 198.25 17.749 +142 Your structure DOES NOT EXCEED FAR 77.13{a)(2) Notice Criteria for this heliport. You are not locating within 5,000 feet of facility. You are beyond limit by: 102844.7 feet. YES FACIL BEARING DISTANCE DELTA ARP FAR IDENT TYP NAME To FACIL IN N.M. ELEVATION P77 GON AIR GROTON NEW LONDON 47.86 18.064 +138 YES This facility has at least one runway over 3,280 feet in length. Your structure DNE FAR 77.13(a) (1) or 77.13(a) (2) Notice Criteria for this airport. However, you may EXCEED other Notice Standards. As a minimum, please review reports for FAR Part 77 Obstruction Surfaces, Air Navigation and Communication facilities. You are 70315 feet from the nearest runway threshold and the threshold elevation is 22 feet. Please review runway analysis for remaining al,pOrt surfaces. No Circling or Straight In Instrument Approach Procedures were found ~or this landing facility or your proposed location is greater than 10 nautical miles from the airport. No Expected TERPS® impact. 3 FACIL BEARING DISTANCE DELTA ARP FAR 1DENT TYP NAME TO FACIL IN N.M. ELEVATION P77 MTP AIR MONTAUK 99.4 19.326 +141 YES This facility has at least one runway over 3,200 feet in length. You¥ structure DNE FAR 77.13(a) (1) or 77.13(a) (2) Notice Criteria for this airport. However, you may EXCEED other Notice Standards. As a minimum, please review reports for FAR Part 77 Obstruction Surfaces, Air Navigation and Communication facilities. You are 65141 feet from the nearest runway threshold and the threshold elevation is 41 feet. Please review runway analysis for remaining airport surfaces. No Circling or Straight-In Instrument Approach Procedures were found for this landing facility or your proposed location is greater than 10 nautical miles from the airport. NO Expected TERPS® impact. FACIL BEARING DISTANCE DELTA ARP FAR IDENT TYP NAME To FACIL IN N.M. ELEVATION P77 42B AIR GOODSPEED 344.84 19.715 +138 YES This facility has at least one runway over 3,200 feet in length. Your structure DNE FAR 77.13(a)(1) Or 77.13(a}(2) Notice Criteria for this airport. However, you may EXCEED other Notice Standards. As a minimum, please review reports for FAR Part 77 Obstruction Surfaces, Air Navigation and Communication facilities. You are 70315 feet from the nearest runway threshold and the threshold elevation is 22 feet. Please review runway analysis for remaining airport surfaces. No Circling or Straight-In Instrument Approach Procedures were found for this landing facility or your proposed location is greater than 10 nautical miles from the airport. No Expected TERPS® impact. FACIL BEARING DISTANCE DELTA ARP FAR iDENT TYP NAME To FACIL IN N.M. ELEVATION P77 FOK AIR FRANCIS S GABRESKI 217.61 21.574 +80 YES This facility has at least one runway over 3,200 feet in length. Your structure DNE FAR 77.13(a) (1) or 77.13(a} (2} Notice Criteria for this airport. However, you may EXCEED other Notice Standards. As a minimum, please review reports for FAR Part 77 Obstruction Surfaces, Air Navigation and Communication facilities. You are /0315 feet from the nearest runway threshold and the threshold elevation is 22 feet. Please review runway analysis for remaining airport surfaces. No Circling or Straight-In Instrument Approach Procedures were found tor this landing facility or your proposed location is greater than i0 nautical miles from the airport. NO Expected TERPS® impact. THE NEAREST AIRPORT TO CASE COORDINATES IS: HTO EAST HAMPTON is an Airport type landing facility and is associated with the city of EAST HAMPTON, NY. The facility is eligible for Study under FAR Part /7 sub-Part C. Its Reference Point (ARP) elevation is: 55 feet AMSL and you are locating 66271 feet from this landing facility. Airspace® Version 2009.9 AIRSPACE® and TERPS® are registered ® trademarks of Federal Airways & Airspace® Copyright © 1989 - 2009 09-17-2009 11:43:43 The mathematical algorithms used by this program are derived directly from Federal Aviation Regulations Part 77, sub-part C. at&t Glynn Walker AT&T Mobility 5405 Windward Pkwy. Alpharetta, GA 36004 (770) 708-6122 GPD ASSOCIATES Kevin Clements 520 South Main St., Suite 2531 Akron, Ohio 44311 (330) 572-2195 kclements@gpdgroup.com GPD# 2009263.69 May 15, 2009 STRUCTURAL ANALYSIS REPORT AT&T DESIGNATION: Site USID: 48290 Site FA #: 10107550 Site Name: WEST ORIENT POINT T-MOBILE DESIGNATION: Site Name: East Marion Site Number: LI13345 ANALYSIS CRITERIA: Codes: TIA/EIA-222-F & 2003 IBC 85-mph with 0" ice 74-mph with 1/2" ice SITE DATA: 9395 Main Rd., East Marion, New York 11939, Suffolk Ce~Jnty Latitude 41° 7' 48.396"N, Longitude 72° 20' 23.567"W 109' PennSummit Flagpole Mr. Walker, GPD is pleased to submit this Structural Analysis Report to determine the structural integrity of the aforementioned tower. The purpose of the analysis is to determine the suitability of the tower with the addition of the following proposed loading configuration: Elev. 87' (3) TMBXX-6516-R2M Antennas, Pipe Mounted, inside the existing shroud w/(12) 7/8" internal coax (3) Andrew ETW190VS12UB Tower Mounted Amplifiers inside the shroud (3) RFS/Celwave ATMAA1412D-1A20 Tower Mounted Amplifiers inside the shroud Based on our analysis we have determined the designs of the tower and its foundation are sufficient for the proposed, existing, and reserved loadings as referenced in Appendix A. We at GPD appreciate the opportunity of providing our continuing professional services to you and AT&T. If you have any questions please do not hesitate to call. Respectfully submitted, 520 South Main Street. Suite 2531 . Akron, Ohio 44311 . 330-572-2100. Fax 330-572-2101 . www. GPDGrouD.com Glaus Pyle Schomer Burns and DeHave~, Inc Akron. Cleveland. Columbus. Indianapolis 109 Ft Monopole Tower - Structural Evaluation AT&T USID: 48290 SUMMARY & RESULTS The purpose of this analysis was to verify whether the existing structure is capable of carrying the proposed loading configuration as specified by T-Mobile to AT&T. This report was commissioned by Mr. Glynn Walker of AT&T. TOWER SUMMARY AND RESULTS Member Capacity Results Monopole 30.6% Pass Base Plate 70.4% Pass Anchor Rods 45.1% Pass Foundation I 32.8% I Pass Note: Two foundation designs were available. Because the as-built design was not available, both were anal the cona'olling capacity is shown. ~zed and ANALYSIS METHOD RISA Tower (Version 5.3.0.1), a commercially available software program, was used to create a three-dimensional model of the tower and calculate primary member stresses for various dead, live, wind, and ice load cases. Selected output from the analysis is included in Appendix B. The following table details the information provided to complete this structural analysis. This analysis is solely based on this information and being provided without the benefit of a site visit. DOCUMENTS PROVIDED Document Remarks Source Preliminary Tower Summar), T-Mobile Co-location document Siterra Site Lease Application T-Mobile Application, dated 3/13/09 Siterra Original Tower Drawings Paul J. Ford Job #: 29207-0158, Siterra dated 11/16/07 Foundation Drawings Paul J. Ford Job #: 29207-0158, Siterra dated 1/3/08 5/15/2009 Page 2 of 4 109 Ft Monopole Tower- Structural Evaluation AT&T U$1D: 48290 ASSUMPTIONS This structural analysis is based on the theoretical capacity of the members and is not a condition assessment of the monopole. This analysis is from information supplied, and therefore, its results am based on and am as accurate as that supplied data. GPD has made no independent determination, nor is it required to, of its accuracy. The following assumptions were made for this structural analysis. 4. 5. 6. 7. 8. 9. 10. 11. The monopole shaft sizes and shape are considered accurate as supplied. The material grade is as per data supplied and/or as assumed and as stated in the materials section. The antenna configuration is as supplied and/or as modeled in the analysis. It is assumed to be complete and accurate. All antennas, mounts, coax and waveguides are assumed to be properly installed and supported as per manufacturer requirements Some assumptions are made regarding antennas and mount sizes and their projected areas based on best interpretation of data supplied and of best knowledge of antenna type and industry practice. All mounts, if applicable, are considered adequate to support the loading. No actual analysis of the mount(s) is performed. This analysis is limited to analyzing the tower only. The soil parameters are as per data supplied or as assumed and stated in the calculations. If no data is available, the foundation system is not verified. The tower and structures have been properly maintained in accordance with TIA Standards and/or with manufacturer's specifications. All welds and connections are assumed to develop at least the member capacity, unless determined otherwise and explicitly stated in this report. Tower Mounted Amplifiers am assumed to be installed behind antennas. All existing loading was obtained from the provided preliminary tower summary and is assumed to be accurate. The size and material properties of the 40' mast pipe were assumed for analysis purposes only. All proposed coax is assumed to be internal to the monopole. If any of these assumptions am not valid or have been made in error, this analysis may be affected, and GPD Associates should be allowed to review any new information to determine its effect on the structural integrity of the tower. 5115/2009 Page 3 of 4 109 Ft Monopole Tower - Structural Evaluation AT&T U$1D: 48290 DISCLAIMER OF WARRANTIES GPD ASSOCIATES has not performed a site visit to the tower to verify the member sizes or antenna/coax loading. If the existing conditions are not as represented on the tower elevation contained in this report, we should be contacted immediately to evaluate the significance of the discrepancy. This is not a condition assessment of the tower or foundation. This report does not replace a full tower inspection. The tower and foundations are assumed to have been properly fabricated, erected, maintained, in good condition, twist free, and plumb. The engineering services rendered by GPD ASSOCIATES in connection with this Structural Analysis are limited to a computer analysis of the tower structure and theoretical capacity of its main structural members. All tower components have been assumed to only resist dead loads when no other loads are applied. No allowance was made for any damaged, bent, missing, loose, or rusted members (above and below ground). No allowance was made for loose bolts or cracked welds, GPD ASSOCIATES does not analyze the fabrication of the structure (including welding). It is not possible to have all the very detailed information needed to perform a thorough analysis of every structural sub-component and connection of an existing tower. GPD ASSOCIATES provides a limited scope of service in that we cannot verify the adequacy of every weld, plate connection detail, etc. The purpose of this report is to assess the feasibility of adding appurtenances usually accompanied by transmission lines to the structure. It is the owner's responsibility to determine the amount of ice accumulation, if any, that should be considered in the structural analysis. The attached sketches are a schematic representation of the analyzed tower. If any material is fabricated from these sketches, the contractor shall be responsible for field verifying the existing conditions, proper fit, and clearance in the field. Any mentions of structural modifications are reasonable estimates and should not be used as a precise construction document. Precise modification drawings are obtainable from GPD ASSOCIATES, but are beyond the scope of this report. Miscellaneous items such as antenna mounts, etc. have not been designed or detailed as a part of our work. We recommend that material of adequate size and strength be purchased from a reputable tower manufacturer. GPD ASSOCIATES makes no warranties, expressed and/or implied in connection with this report and disclaims any liability arising from material, fabrication, and erection of this tower. GPD ASSOCIATES will not be responsible whatsoever for, or on account of, consequential or incidental damages sustained by any person, firm, or organization as a result of any data or conclusions contained in this report. The maximum liability of GPD ASSOCIATES pursuant to this report will be limited to the total fee received for preparation of this report. 5/15/2009 Page 4 of 4 109 Ft Monopole Tower - Structural Evaluation AT&T USID: 48290 APPENDIX A Tower Analysis Summary Form 5/15~2009 Tower Analysis Summary Form The information contained in this summar/report is not to be used independently from the PE stamped tower analysis. Dlst sign Code used t TIA~ ~A.222.F Locat!on ~!~.~u~ State) ..... i~'~i~i~'~ i~ ................................ ~.~ .............. r~cture C'~sifi~ ~, II, I~1~ -' 109 Ft Monopole Tower- Structural Evaluation AT&T USID: 48290 APPENDIX B RISA Tower Output File 511512009 RiSATower Job 48290 WEST ORIENT POINT 1 of 2 GPD Associates Project Date 520 South Main St. Suite 2531 2009263.69 13:50:57 05/15/09 Akron, 01144311 Client Designed by Phone: (330) 572-2100 AT&T mimiller FAJE' (330) 572-2101 Tower Input Data There is a pole section. This tower is designed using the TIAYEIA-222-F standard. ~he following design criteria apply: Tower is located in Suffolk County, New York. Basic wind speed of 85 mph. Nominal ice thickness of 0.5000 in. Ice density of 56 pcf. A wind speed of 74 mph is used in combination with ice. Temperature drop of 50 °F. Deflections calculated using a wind speed of 50 mph. A non-linear (P-delta) analysis was used. Pressures are calculated at each section. Stress ratio used in pole design is 1.333. Local bending stresses due to climbing loads, feedline supports, and appurtenance mounts are not considered. Feed Line/Linear Appurtenances - Entered As Area Description Face Allow Component Placement Total C~A,~ Weight or ShieM Type Number £eg ~ JF¢ p¥ LDF1-50A (1/4 FOAM) A No Inside Pole 10700 - 800 12 No Ice 000 006 1/2" Ice 0 00 0 06 LDFS-50A (7/8 FOAM) C No Inside Pole 87.00 - 8.00 12 No Ice 0.00 033 1/2" Ice 000 033 Discrete Tower Loads Description Face Off, vet Offsets: Azimuth Placement C~/~ 4 ('.vt,~ or Type Horz AdJustment Front Side Leg Lateral 40' x 30" stealth cylinder C None 00000 89 00 No Ice 43 27 43.27 1/2" Ice 43.27 4327 800 1012] w/mount pipe A From Leg 050 00000 107.00 No Ice 0.00 000 000 1/2" Ice 000 000 000 800 10121 w/mount pipe B From Leg 050 0 0000 10700 No Ice 000 0.00 000 1/2" Ice 000 0.00 000 800 10121 w/mount pipe C From Leg 050 00000 10700 No Ice 000 000 000 1/2" Ice 0 00 000 0 00 (2) ETMIg0G-I2UB A From Leg 0 50 00000 10700 No Ice 0 00 000 000 I/2" Ice 000 0 00 000 (2) ETMI90G-12UB B From Leg 050 0.0000 10700 Nolce 000 000 Weight K 3 92 469 007 0 07 007 0 02 0.03 0.02 RISA Tower Job .,g, 48290 WEST ORIENT POINT 2 of 2 GPD Associates Project Date 520 South Main St. Suite 2531 2009263.69 13:50:57 05/15/09 Akron, 0H44311 Client Designed by Phone: (330) 572-2100 AT&T mimiller FAX: (330) 572-2101 Description Face Offset Offsets: Azimuth Placement C~AA C//t,~ Weight or Type Horz Adjustment Front Side Leg Lateral Vert ft 000 1/2" Ice 0 00 0.00 003 0.00 (2) ETM190G-I 2UB C From Leg 0.50 00000 107 00 No Ice 0.00 0 00 002 0.00 1/2" Ice 0.00 000 0 03 0 00 TMBXX-6516-R2M w/ A From Leg 0.50 30 0000 9000 No Ice 000 000 0 06 Mount Pipe 000 I/2" Ice 000 000 012 -300 TMBXX-6516-R2M w/ B From Leg 050 300000 90 00 No Ice 000 000 0.06 Mount Pipe 000 l/2" Ice 000 000 0 12 -3 00 TMBXX45516-R2M w/ C From Leg 050 300000 9000 No Ice 0 00 0.00 006 Mount Pipe 000 1/2" Ice 000 000 012 -300 ETW190VSI2UB A From Leg 0.50 300000 9000 Nolce 0.00 000 001 000 1/2" Ice 0 00 000 0.02 -300 ETWIg0VSI2UB B From Leg 050 300000 90.00 No Ice 000 000 0 01 000 I/2" Ice 000 000 0.02 -300 ETW190VSI2UB C From Leg 0 50 300000 90 00 No Ice 000 0 00 0.01 000 1/2" Ice 000 000 0 02 -300 ATMAAI412D-IA20 A From Leg 050 30.0000 9000 Nolce 000 000 001 000 1/2" Ice 000 000 0 02 -3 00 ATMAA1412D-1A20 B From Leg 0.50 30.0000 9000 No Ice 0 00 0.00 001 0 O0 1/2" Ice 0.00 0 O0 002 -3.00 AIMAAI412D-1A20 C From Leg 0 50 300000 9000 No Ice 0.00 000 001 000 I/2" Ice 000 000 0 02 -300 Section Capacity Table I Section Elevatton Component Size Crttlcal P SF*P~tto~ % Pass No. fi Type Element K K Capacity Fail LI 109-70 Pole TPSxSxl 25 1 -806 137734 288 Pass L2 70-69 Pole TP30x8xl.25 2 -819 137734 288 Pass L3 69-18 Pole TP37 14x30x0 2818 3 -1316 168265 198 Pass L4 18 - 0 Pole TP39 223x35 9115x025 4 -I 608 158084 306 Pass Summary Pole (L4) 30 6 Pass RATING = 30.6 Pass 109 R Monopole Towe~- Structural Evaluation AT&T USID'. 48290 APPENDIX C Tower Elevation Drawing 5/15/2009 700fl 00fl DESIGNED APPUR'rENANCE LOADING TYF~ ELEVATION TYPE ELEVATION MATERIAL STRENGTH GRADE Fy IJ~°~s' Fu IJ GRADE J Fy J Fu A572-65 65 ks TOWER DESIGN NOTES 1 Tower is located in Suffolk County, New York. 2. Tower designed for a 85 mph basic wind in accordance with the T[A/EIA-222-F SLandard 3. Tower is also desi;;ned for a 74 mph basic wind with 0.50 in ice 4 Deflections are based upon a 50 mph wind. 5. TOWER RATING: 704% AXIAL SHEAR 300 kip-ff 74 rr~h W1ND - O SOOO in lCE AXIAL 16K SHEAR 376 kip-ft 7K ~ REACTIONS - 85 rr~h VvlND GPD/tssociates al~, 520 South Main St. Suite 2531 GPD ~'~O JF Akron, OH 44311 Phone: (330) 572-2100 FAX: (330) 572-2101 I.°~: 48290 WEST ORIENT POINT Feedline Distribution Chart 0'- 109' App In FaCe App Out FaCe Face A 7O (X Face B Face C 1O700 000 I GPD .~sociates r°= 48290 WEST ORIENT POINT I jl~ 520 South Main St. Suite 2531 r'°~':~ooe2~3.~ ] ~PD ~{O'JF Akron, OH 44311 {' ' AT&T { :mimiller ~ ': { Phone: 330) 572-2100 icode T~E~-2~-F I~"~:0S~5/0~]~: NTSI F~: ~330~ 572-2101 {Path: N ~ ~T ~ ~ ~ NO E-7 Feedline Plan 12) LDF1-50A (1/4 FOAM) 2) LDF5-~7/8 FO~ · * G~o~).Z~$ocJatg~ ob 48290 WEST ORIENT POINT I ,~11'~. 520 South Main St. Suite 25311p~°~t 2oo9263.69 I GPDG{O ~F Akron OH ~311 ~cm~t~T ~w~y: ~miiler App'd ~ ~ Phone: ~330) 572-2100 ~c~e ~E~-222-F o~ 05/15/09 sca~: NTS F~: {330~ 572-2101 ~P~h N~ ~ ~ ~ ~ D~ N° E-7 109 Ft Monopole Tower - Structural Evaluation AT&T U$1D: 48290 APPENDIX D Base Plate & Anchor Rod Analysis 5/15~2009 Anchor Rod and Base Plate Stresses 48290 WEST ORIENT POINT 2009263.69 Overturning Moment = A,,dal Force = Shear Force = 37e,__~ k*ftI lS,_p.p. Jk 7~OIk Anchor Rods Pole Diameter = 39.223 ~n Number of Rods = 4 Type = Upset Rod Rod Yield Strength (Fy) = 75 ksi Rod Circle = 4g ~n Rod Diameter = 2.25 ~n Net Tensile Area = 3.25 in2 Max Tension on Rod = 87.98 dps Max Compression on Rod = 95.98 dps Allow. Rod Force = 195.06 dps Anchor Rod Capacity = 45.1% OK Base Plate Plate Strength (Fy) = 5¢ <si Plate Thickness = 2 n Plate Width = 44 n Est. Dist. b/w ea. Rod = ~ n Wca~c = 20.0C n Wm~< = 23.002 n w= 20.0C in S = 13.3,'. in3 fb= 35.19 ksi Fb = 50 ksi Base Plate Capacity = 70.4% OK GPD Unstiffened Square Base Plate Stress (Rev F) - V202 109 Ft Monopole Tower - Structural Evaluation AT&T USID: 48290 APPENDIX E Foundation Analysis 5115/2009 PAD & PIER DESIGN - Monopole 48298 WEST ORIENT POINT TOWER REACTIONS total overturning moment = Kip-ff total shear = Kip axial = Kip ground water table = fi[ PAD DIMENSIONS width = height = fi[ depth of conc = ¥¢onc = kcf Mr= 2557.11 k-ff Mot = 480 k-ff P = 246,76 k Allowable Beadng = ksf LOAD PERPENDICULAR TO PAD QUiN= P/A-M/S= LOAD AT 45 DEGREES TO PAD QM~X = P/A+M/S= QMIN = P/A-M/S= Mx = 339.411 My = 339.41 ex = 1.375 ey = 1.375 ex/¥V = 0.076 ok (eNV < 1/6) e~/VV = 0.076 ok (e/VV < 1/6) h~Nght tPCAMATS InpUt depth of conc. TI F.S. OWRTU~N~ = 5.3273088 ok > 1.5 width/6 M/P 3.00 1.95 ok (width/6 > M/P Verify max pressure in PCAMATS for this load case Q~-L = 1046.4 kips QM~x = 382.25 kips 6" -~- ~[ finish grade I width 28.2% IF M/P>width/6 Qmax= 1.295 ksf Qmin = 0.000 ksf B1 = 22.87 ff L~ = 22,87 fl QMAx/QAL 32.4% OK Page 1 of 1 5/15/260g IFoundationCapacity: J. 32.4% OK J CAISSON Version 4.46 Fri May 15 13:54:22 2009 U.W. Short Course - 1998 ~ PIER FOUNDATIONS ANALYSIS AND DESIGN - (C) 1995, POWER LINE SYSTEMS, INC.* ~** ANALYSIS IDENTIFICATION : 48290 WEST ORIENT POINT NOTES : 2009263.69 (INPUT LOADS ARE FACORED FOR STRUCTURAL DESIGN OF PIER) ~** PIER PROPERTIES CONCRETE STRENGTH (ksi) = DIAMETER (ft) - 6.000 3.00 STEEL STRENGTH (ksi) 60.00 DISTANCE FROM TOP OF PIER TO GROUND LEVEL (ft) = 0.50 ~** SOIL PROPERTIES LAYER TYPE THICKNESS DEPTH AT TOP OF LAYER DENSITY CU KP PHI (ft) (ft) (pcf) (psf) (degrees) 1 C 4.00 0.00 100.0 0.0 2 S 29.00 4.00 100.0 3.000 30.00 ~** DESIGN (FACTORED) LOADS AT TOP OF PIER MOMENT (ft-k) = 1492.0 VERTICAL (k) = 64.7 SHEAR (k) = 26.6 ADDITIONAL SAFETY FACTOR AGAINST SOIL FAILURE = 1.54 *** CALCULATED PIER LENGTH (ft) 19.000 ~** CHECK OF SOILS PROPERTIES AND ULTIMATE RESISTING FORCES /ALONG PIER TYPE TOP OF LAYER BELOW TOP OF PIER THICKNESS DENSITY CU KP FORCE ARM (ft) (ft) (pcf) (psf) (k) (ft) C 0.50 4.00 100.0 0.0 0.00 2.50 S 4.50 9.67 100.0 3.000 461.22 10.22 S 14.17 4.83 100.0 3.000 -419.65 16.71 k** SHEAR AND MOMENTS ALONG PIER WITH THE ADDITIONAL SAFETY FACTOR WITHOUT ADDITIONAL SAFETY FACTOR DISTANCE BELOW TOP OF PIER (ft) SHEAR (k) MOMENT (ft-k) SHEAR (k) MOMENT (ft-k) 8.00 41.6 2298.5 27.0 1492.5 1.90 41.6 2377.4 27.0 1543.8 3.80 41.6 2456.4 27.0 1595.1 5.70 11.8 2518.3 7.6 1635.3 7.60 -51.3 2483.8 -33.3 1612.9 9.50 -133.9 2310.9 -87.0 1500.6 11.40 -236.0 1962.6 -153.3 1274.4 13.30 -357 . 6 1401.7 -232.2 910.2 15.20 -340.6 671.9 -221.2 436.3 17.10 -180.1 174.1 -116.9 113.1 19.00 0.0 0.0 -0.0 0.0 U.W. short Course - 1998 Page 1/2 ~** TOTAL REINFORCEMENT PCT = 0.30 REINFORCEMENT AREA (in^2) - 12.21 ~** USABLE /~XIAL CAP. (k) 64.7 USABLE MOMENT CAP. (ft-k) 1762.0 US Standard Re-Bars 62 40 28 21 16 13 10 8 6 (Select one of the following): BARS #4 BARS # 5 BARS # 6 BARS #7 BARS #8 BARS #9 BARS #10 BARS #11 BARS #14 AREA = 0.20 in^2 AREA = 0.31 ±n~2 AREA = 0.44 in^2 AREA = 0.60 in^2 AREA 0.79 in^2 AREA = 1.00 in^2 AREA = 1.27 in^2 AREA = 1.56 in^2 AREA = 2.25 in^2 DIA 0.500 in) AT SPACING (in) 3.14 DIA = 0.625 in) AT SPACING (in) = 4.87 DIA = 0.750 in) AT SPACING (in) = 6.96 DIA = 0.875 in) AT SPACING (in) = 9.28 DIA = 1.000 in) AT SPACING (in) = 12.17 DIA = 1.128 in) AT SPACING (in) = 14.98 DIA = 1.270 in) AT SPACING (in) = 19.48 DIA = 1.410 in) AT SPACING (in) = 24.35 DIA = 1.693 in) AT SPACING (in) = 32.46 PRESSURE UNDER CAISSON DUE TO DESIGN AXIAL LOAD (psf) 2288.3 U.W. Short Course - 1998 Page 2/2 PLANNING BOARD: TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the application of proposal of T-Mobile Northeast LLC For Special Exception Permit Approval to collocate public utility wireless telecommunications antennas within an existing pole and install related equipment at the premises ("Premises"): East Marion Fire District 9245 Main Road East Marion, New York 11939 District 1000, Section 31, Block 3, Lot 11.31 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) AFFIDAVIT OF RADIO FREQUENCY ENGINEER MAPdANA NIETO, being duly sworn, deposes and says: 1. I am a radio frequency engineer for T-Mobile Northeast LLC (hereinafter "T-Mobile"). As a radio frequency engineer, I am trained to identify service deficiencies in wireless telecommunications networks and to evaluate the ability of proposed antenna sites to remedy these service deficiencies. I am fully familiar with T-Mobile's wireless telecommunications network in Suffolk County. 2. I submit this affidavit in support of T-Mobile's proposal to install a wireless telecommunications facility at the Premises. T-Mobile proposes to install public utility wireless telecommunications antennas within the existing monopole at the premises and install related equipment on the ground adjacent thereto, as depicted in the plans submitted to the Board. 3. T-Mobile 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 on Long Island and throughout much of the United States. T-Mobile strives to provide reliable service throughout its licensed coverage areas. 4. At present, there is a substantial service gap in T-Mobile's wireless telephone coverage in the vicinity of the Premises. A service gap exists if the user of a T-Mobile 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 T-Mobile from providing reliable service in the area. This unreliability represents an inconvenience to users of T-Mobile'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 T-Mobile's system works from an engineering standpoint. T-Mobile'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. These coverage areas, therefore, have some overlap to ensure "seamless" coverage. With some overlap and sufficient signal strength from each base station, the T-Mobile user can move through these cells and reliably transmit, receive or maintain voice or data connections. Each facility is 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. T-Mobile performs signal propagation studies to determine the height and location of the needed cell site. Based on its studies, T-Mobile determined that un antenna facility would have to be established within a narrowly defined seamh area. In this case, we determined that the installation of the proposed facility will allow T-Mobile to provide reliable service in the vicinity of the Premises. 7. The proposed antennas must be affixed at least as high as those depicted on the plans previously submitted to the Board in order to ensure that reliable service can be afforded to T-Mobile 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, 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. 8. In order to illustrate the effect that the proposed site would have on coverage in its vicinity, propagation maps have been prepared demonstrating the different coverage levels summarized above. The maps depict the area to be served by the proposed site. As the maps indicate, the proposed facility is of vital importance to T-Mobile's efforts to establish a wireless telecommunications network and provide reliable service to the area in question. Unless this application is granted, T-Mobile will be unable to provide reliable service in the vicinity of the Premises. 9. Mark Cosgrove, the National Director of Radio Frequency Engineering for T-Mobile has previously prepared in in-depth explanation of T-Mobile's design standards and criteria in the form of an Affidavit, prepared on January 23, 2006 ("Cosgrove Affidavit"). 10. I have reviewed the Cosgrove Affidavit, which is attached hereto, and am in agreement with all of its contents. 11. In addition, the antennas proposed will not interfere with radio or television service or public safety telecommunications in the surrounding area. Sworn to before me this day of ~)lt~, 2009. jENNIFER DoNOHU~- NOTARY ~UBLIC-$1AIE OF NE~/yoRK No. 01 DO621 '1094 Qualified In Suffolk Coun~ MARINA NIETo Radio Frequency Engineer In the matter of OMNIPOINT COMMUNICATIONS, INC. Affidavit State of New Jersey County of Morris ) ) SS.' ) MARK COSGROVE, being duly sworn, does depose and say: 1. I am a national Director of Radio Frequency Engineering for Omnipoint Communications, Inc. (the "Applicant" or "Omnipoint"). I submit this affidavit in support of the application by Omnipoint for approval for the installation of a wireless communication public ntility facility ("Facility"). 2. I am a qualified radio frequency engineer. I have been trained to identify gaps in reliable service in wireless communications systems and to assess the ability of proposed antenna sites to remedy gaps in signal coverage. I have extensive training and experience with respect to Omnipoint's wireless system and technolo~, as detailed by my curriculum vitae, a copy of which is attached hereto as Exhibit 1. 3. I have 15 years experience designing, implementing and operating wireless networks, specifically Global System for Mobile communications technolo~ ("GSM") based networks. GSM technology is a second generation digital technology originally developed for use in Europe and which is now used by more than seventy-one percent (71%) of the world market. GSM technology is, therefore, a very common mobile technology. 4. The purpose of this affidavit is to establish the technical and scientific basis for Omnipoint's design criteria as it relates to signal level. Omnipoint's Design Criteria 5. By way of background, Omnipoint 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 Omnipoint's customers within vehicles and buildings is critical for Omnipoint to provide the quality of wireless service that customers demand and successfully compete with other wireless providers, such as Sprint Nextel, Cingular and Verizon Wireless. To meet customer demands, there are three levels of coverage that Omnipoint strives to provide: In-Vehicle coverage, In-Building Residential coverage, and In-Building Commercial coverage. It is important to understand that the levels of coverage do not represent an objective to achieve a higher level of call quality but to maintain a minimum signal strength and hence reliability of service at the mobile handset as the environment changes. As further detailed below, the signal is, by its nature, subject to attenuation depending upon the conditions and characteristics of the area. The following is a brief description of each level of coverage. 6. In-Vehicle Coverage: To successfully provide reliable In-Vehicle coverage, an Omnipoint customer should be able to place or receive a call within a vehicle successfully across 95% of a site's coverage area. In-Vehicle coverage is the mi~fimum level of acceptable coverage within the Onmipoint network in areas with low population and along major highways covering rural areas. One must bear in mind that designing for only the In-Vehicle coverage threshold will typically result in tmreliable in- building coverage, and hence customer dissatisfaction. However, since the signal level is stronger closer to the antenna site than further away from the antenna site, there will be some coverage within buildings close to the site. At this time, Omnipoint utilizes the In- Velticle coverage design in Iow population density areas within Omnipoint's licensed coverage area. 7. In-Building Residential Coverage: To successfully provide reliable In- Building Residential coverage, an Omnipoint customer should be able to place or receive a call on the ground floor of a building that is three stories or less in height successfully across 95% of the site's coverage area. In-Building Residential coverage is the mid-level of coverage within OmnipoInt's network. In-Building Residential coverage is targeted for residential areas and low-rise commercial districts with building heights of three stories or less. This type of coverage will typically provide reliable coverage over the majority of the cell coverage area; however in some areas, and specifically at the outer geographic boundaries of the cell sites' coverage area, coverage will be restricted only to rooms with windows and will likely lead to customer dissatisfaction if customers try to place or receive a call inside a windowless room, cellar or emergency shelter. 8. In-Building Commercial Coverage: To successfully provide reliable In- Building Commemial coverage, an Omnipoint customer should be able to place or receive a call on the ground floor of a building that is greater than three stories in height successfully across 95% of a site's coverage area. In-Building Commercial coverage is the top level of coverage within the Omnipoint network at this time. In-Building Commercial coverage is targeted for urban residential centers (high-rise buildings), urban business districts and suburban business centers. Coverage issues may still occur in hard to serve locations such as within elevators and parking structures. 9. Signal Strength: To provide these levels of coverage, Omnipoint has scientifically determined the strength of the wireless signal ("signal strength") necessary to provide In-Vehicle coverage, In-Building Residential coverage, or In-Building Commercial coverage. Because wireless signals are attenuated (i.e. degraded or partially blocked) by obslzuctions 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. 10. Assume for example that a homeowner placed a radio on the front lawn of lfis house and played a song. The sound level would be louder closer to the radio than farther away because audio sound waves weaken as they travel farther away from their source. The song wild be clearly audible to a person with average hearing capacity sitting on the front lawn next to the radio. Another person may be able to hear the song within her car parked in the driveway a short distance away from the radio, although she may have difficulty deciphering the words. Still another person within the house may not be able to hear the song at all. For the person within the house to hear the song, the radio must be moved closer to the house. The song cannot simply be made louder within the house by turning up the volume, as there is a practical lirrfit to how much sound (power) the loudspeakers can produce without physically damaging the radio, or introducing distortion into the sound. Similarly, a celI site's transmission power is limited by the physical output power capabilities of the amplifiers and the legal restrictions of the licenses Omnipoint operates under. It is also important to understand that unlike th/s simple radio analogy, a wireless telecommunication system is a two-way system. The signal is transmitted from the antenna site to the receiver in the wireless phone. The wireless phone transmits a signal back to a receiver at the antenna site. Each signal link must work for reliable two-way communication. Therefore, Omnipoint cannot simply turn up the power on its antenna site to provide a stronger signal level because doing this has no impact on the ability of the mobile phone to transmit a signal back to the receiver at the antenna site. The radio fxequency power output of mobile phones is far less than the typical output power at the cell site. Although the cell site has some techniques to redress this power imbalance, the link must remain balanced. Accordingly, the relevant question is as follows: How close must the radio be to the house so that the radio waves are strong enough for the person in the house to clearly hear the song? In like manner, Omnipoint's design criteria reflect the need to provide a wireless signal strong enough to provide reliable service within a vehicle or building. 11. Rec~uired Si~al Stren~h Levels: Wireless signal strength is measured on a logarithmic power scale referenced to 1 milli-watt of power. Signal stren~h levels less than lmilli-watt being negative. The smaller the negative dBm number, the stronger the 4 signal. For example, -76dBm is a stronger signal level than -84dBm. Omnipoint's system requires an ambient signal level of-84dBm to provide reliable In-Vehicle coverage, and an ambient signal level of-76dBm to provide reliable In-Building Residential coverage. An ambient signal level of-71dBm is required to provide reliable In-Building Commercial coverage. These signal level requirements provide the basis for Omnipoint's design criteria~ The Technical Basis for Omnipoint's Design Criteria 12. At present Omnipoint'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 Omnipoint's competitors. Providing service at this level allows Omnipoint to satisfy customers' demands and compete on an equal footing w/th competitors serving this market. 13. To achieve the 95% reliable design goal, maximum path loss values are derived based upon Omnipoint's technology and the area served. Path loss means the amount the Omnipoint signal is degraded from the point at which the signal leaves the Omnipoint antenna site until it reaches the Omnipoint customer's mobile device or telephone. The equation is as follows: In-Building coverage = Receiver Sensitivity + Body Loss + In Building Loss with Standard Deviation + Fade Margin. Each component of this equation is described below. 14. Returning to our earlier example of the radio on the lawn, we must first determine the minimum song volume for a typical person to hear the song. This is the equivalent to the Receiver Sensitivity. We must then determine the degree to which the vehicle, the building and other obstructions in the environment obstruct the song, which is the equivalent to the path loss. Finally we need to introduce the concept ofprobability. As we do not know the exact location or direction of the listener, we need to make some 5 adjustments for known variances to provide us with a 95% success target, this is the Fade Margin. These radio frequency engineering concepts are explained in more detail below. 15. Receiver Sensitivity: We start with the minimum signal level necessary for a common Omnipoint telephone or wireless device to reliably operate. This minimum signal level is knowu~ as the receiver sensitivity, or RX sensitivity. Using the prior example, the minimum signal level is the minimum volume level the radio must be set to enable a typical person to hear and understand the lyrics of the song. 16. Omnipoint's technology is defined by the PCS 1900 Specification, "Radio Transmission and Reception", J-STD 007 Air Interface: Volume I, 1998, which is based on the European Telecommunication Standards Institute (ETSI) GSM recommendations (05.05: ETSI EN 300 910 V8.5.0 (2000-07)). Both technical documents specify a Receiver Sensitivity value of-102dBm for mobiles operating in the United States. In these independent technical specifications the Receiver Sensitivity is referenced to certain Bit Error Rates ("BER"). The BER limits the speech quality of the call. Receiver Sensitivity refers to the practical limit at which speech quality of a wireless call starts to be severely impacted. The actual BER attained by a mobile device is dependent on a number of factors, including the build quality of the mobile device, the environment the mobile device is operating in (whether in a City or rural area), the speed the mobile user is traveling (slow moving mobile devices suffer extreme variations in performance), the type of radio carrier carrying the mobile call (GSM uses different types of carriers, each having differing performance characteristics) and finally the amount of interference present from other Omnipoint mobile users and other external sources. 17. Real world Receiver Sensitivities (the true limit of acceptable speech) can vary between -93dBm and -108dBm depending on the above factors. ETSI Technical Report 03.30 (GSM Planning Aspects) recommends Receiver Sensitivity of-102dBm. In addition, this Technical Report also recommends the use of an Interference Margin of 3dB. This is due to the manner in which Receiver Sensitivity is specified in GSM Receiver Senshivity is specified as the performance limit in a purely noise limited 6 environment (a single radio carrier). Mobile handset receivers in real world uses operate in the presence of interference as cartier frequencies are re-used. To account for this additional signal degradation an additional allowance of 3dB is made at the receiver due to the presence of these multiple interfering sources, This reduces the Receiver Sensitivity to -99dBm. GSM interference performance is only guaranteed at signal strengths above Receiver Sensitivity. See GSM Recommendations 05.05. 18. Omnipoint has opted not to expressly highlight this Interference Margin in our design guideline calculation since our practical experience has been that the mobile devices have achieved slightly better performance than that originally specified in the GSM Recommendations, Omnipoint effectively uses a design level of the Receiver Sensitivity of-105dBm plus the 3dB Interference Margin. This design level also matches the output power of 1W maximum available power from the mobile device, i.e. a lower assumption on the Receiver Sensitivity would only make the link limited by the mobile to cell site transmission path. 19. Next, we must factor in the signal path losses relative to the receiver sensitivity. Such signal path losses include the body loss, vehicle or building loss, the standard deviation and fade margin as explained below. To return to the analogy by considering these factom we are addressing, to what extent does the car, building or other variables in the environment obstruct the song? 20. Body Loss: Since the mobile device or phone is carried and used by a person, the position of the mobile device or phone with respect to the user's body has an effect on the received radio signal. When the user's body is situated between the mobile telephone's antenna and the antenna site, the user's body will absorb some of the radio energy. Omnipoint customers do not ordinarily position the telephone so that the antenna on the mobile telephone directly faces the antenna site. Therefore, the customers' bodies often partially block the signal. Additional factors can influence Body Loss. For example, in New York State it is illegal for a customer to use a mobile device while driving, and hence customers use either wired or remote headsets. Customers now generally keep the mobile devices clipped to a belt or in a breast pocket. Studies have produced detailed measurements of the effect of body shielding with respect to mobile device position for different radio environments. See Sakamoto M. et al: "Basic Study on Portable Radio Telephone System Design" IEEE VTC Conference 1982. For mobile devices held vertically, the body loss varies from 1.5dB for the head to 4.9dB for the trunk (a mobile device clipped to a belt or placed in a jacket pocket for example). For a mobile device held horizontally, the loss due to the head increases to 5.SdB, with the loss due to the mink being 4.2dB. ETSI Technical Report 03.30 GSM Planning Aspects recommends use of a body loss of 3dB. Based on the foregoing, Omnipoint uses an average body loss of 3dB. 21. Building Loss: The concept of building attenuation, commonly referred to as building loss, has long been defined as the difference between the median field strength intensity at street level averaged around the exterior of the building, and the median field strength intensity at a location on the first floor inside the building. This difference is known as the building loss. See Rice LP: "Radio Transmission into buildings on 35 and 150 MHz" Bell Systems Technical Journal 1959. Many measurements have been performed to derive values of the mean building loss for different types of buildings and environments. One researcher found mean losses of approximately 27dB for downtown Tokyo. See Kozono et al: "Influence of Environmental Buildings on UHF Land Mobile Radio Propagation" IEEE Transactions on communications October 1977. Another researcher has described losses of 15dB for downtown Chicago. See Walker E H: "Penetration of radio signals in to buildings in a Cellular Environment" Bell Systems Technical Journal 1983. Extensive measurements were performed at 900MHz in New York and determined that the median value of loss is 20dB. See Durante J: "Building Penetration loss at 900MHz" IEEE VTG Conference i973. Researchers in Philadelphia, measured building losses averaging 16dB at 1900Mhz and 19dB at 800MHz for a range of buildings in urban, suburban and rural areas. See Tanis W and Pilato G: "Building penetration characteristics of 880MHz and 1922MHz Radio Waves" IEEE Journal 1993. Measurements in Liverpool, UK, showed losses averaging 13.4dB for measurements made at the ground floor of buildings. See Turkmani A and Toledo A: Radio Transmission at 1800MHz in to and within multistory buildings", IEEE Proceedings-l, vol 138, No 6 December 1991. Further measurements 8 within Liverpool showed losses of between 24dB and 9dB for buildings in the City center and losses on the University campus of between 14 and lgdB. See Toledo A, Turkmani A and Parsons J, IEEE Personal Communications, April 1998. The ETSI Technical Report 03.30 (GSM Planning Aspects) uses building losses of 15dB for urban and 10dB for rural areas. Based on the foregoing, and as further described below, Omnipoint uses an 11 dB loss for In-Building Residential and a 16dB loss for In-Building Commercial. 22. In addition to the "static" loss of 11 and 16dB, Omnipoint uses the reported "Standard Deviation" of building loss of 6.5dB and 7.0dB as reported in the references above. Durante and Rice compiled the largest set of measurement results in order to extract the standard deviation of the building loss. Rice quoted a deviation of 12 to 14dB around the mean loss and Durante reported 5 to 7.5dB deviation for ground floor measurements. Turkmani et. al. reported a standard deviation of 7.2dB for the buildings in the Liverpool measurement study. Standard Deviation is used to overcome the statistical distributions of building losses in an area. For example, the average loss for Residential buildings may be 1 ldB. However, some buildings made of brick or with aluminum siding, for example, may have much greater losses as high as 25dB or more. The standard deviation of the building loss is used in a calculation to ensure that 95% of buildings are covered and not just 50% of buildings if only the mean loss was taken into account. 23. Vehicle Loss: With respect to vehicle loss, it is important to note that the majority of customers use hand portable devices without exterior antennas on the vehicle. The signal strength loss due to the need to penetrate the vehicle to reach the handset must be taken into account when designing RF coverage for highways using the In- Vehicle coverage criteria. Extensive measurements have been performed at 900 MHz in three vehicle types; minivan, full sized car and small sports car. See Ivica Kostanic, Chris Hall and John McCarthy, TEC CELLULAR, Inc., VTC IEEE Conference 1997. Measurements were made with the mobile phone adjacent to the driver's head, with the mobile phone on the dashboard and with the mobile phone on the passenger seat. It was determined that for a minivan, losses (including body losses) were between 8 and 9dB with a standard deviation of 2 to 3dB. Losses tbr a full sized car were between 7.25 and 9 9dB (including body losses). Due to size of the windows in the small sports car, losses were found to be higher at between 9 m~d I4dB. ETSI Technical Report 03.30 (GSM Plamfing Aspects) recommends a vehicle loss of 6dB. Based on the foregoing, Omnipoint utilizes a figure of 6dB for vehicle losses. 24. Fade Margin and Standard Deviation: The standard deviation is a mathematical expression of how a set of data samples varies fi.om the mean value. For example, if an observer was to measure the speeds of cars passing a point and plot the number of cars observed at each speed the graph would probably resembles a "Bell" curve. One speed will be the mean or average speed and represent the top of the Bell. On either side of this mean, fewer and fewer cars will have higher or lower speeds, forming the sloping sides of the Bell. The Standard Deviation is a measure of the width of the Bell. A Iow Standard Deviation would represent a narrow Bell. A large standard deviation would represent a wide Bell. In a mobile radio environment the observed signal strength varies at any point due to the radio waves taking numerous different paths from the transmit antenna to the receiver anterma and the minute variations in the surroundings (moving objects, vibrations, temperature effects, and local obslrucfions such as cars and trees). These effects produce "Fast" changing signal strengths at the mobile device. These effects are generally overcome by system features such as "Frequency Hopping", where the radio frequency is changed many times a second. Terrain obstacles, trees, and buildings, produce "Slow" changing effects, where the signal strength at the mobile device can change as the user moves a short distance. All of us will experience these effects if we talk on a wireless handset while walking. The observed signal strength will change as we move along. Slow fading effects result in a margin of error between the propagation tools used to prepare the coverage maps, and the mean signal at the mobile device. These Slow or Shadow fading effects must be compensated for in the design of the system. 25. Digital planning tools try to match a model of the propagation environment to known measurements in an area. If the model is successful then the accuracy of the model will approach the slow fading levels encountered in the field. A good model will estimate the long-term average mean of the signal over the prediction 10 square or bin (generally a 100 meter or 25 meter square). The slow fading and any additional model eh'ors will be seen as a standard deviation of the tool when compared to known measurements. The planning tool that Omnipoint employs uses industry leading digital terrain and environmental databases and uses advanced calculations to produce an accurate estimation of the signal strength on the ground. The accuracy of the tool is better than 8 to 12dB Standard Deviation depending on environment as quoted by the manufacturer Aimom and verified by field measurements. The tool uses the European Cooperation in the Field of Scientific and Technical Research Subgroup on Propagation (Cost 231) Model. This is an extended version of the industry standard Oknmura-Hata model. 26. Slow fading measurements in the field show a typical range of between 4 and 6 dB for non line of sight environments and between 6 and 9dB where a dominant propagation path exists. See Turkmani A and Toledo A: Estimating Coverage of Radio Transmission in to and within Buildings at 900, 1800 and 2300MHz, IEEE Personal Communications, April 1998. Based on the accuracy of the tool in resolving shadox~4ng errors and the residual stow fading error inherent in radio transmissions, Omnipoint utilizes a slow/shadow fading standard deviation of 8dB. It is important to understand that the published measurements of slow fading relate to measurements at a single point whereas Omnipoint is setting a compensation figure for the variance in predicted signal over a wider 100m bin. 27. The building losses also include a measure of variance with the Standard Deviation of the building losses being between 6.5dB and 7.0dB. The slow fading Standard Deviation and the in-building loss Standard Deviation are statistically independent and hence can be combined in to a single distribution using the following formula: ~ ='~(O2slowfading+ O' %uilding loss) 28. The computer software-planning tool creates a propagation map by predicting the average signal strength for a small area (e.g. a 100m by 100m square), based on a digital terrain database and a computer model that predicts the mean signal for iI each small area. A margin of error due to the Standard Deviation of the slow fading and building losses exists between the tool's prediction and the expected mean signal level. 29. The expected signal strength forms a lognonnal distribution (a "bell" curve) around the predicted local mean. In other words, due to the variation in the environment across the predicted area, an additional margin is needed such that a certain probability of coverage is attained. This margin is deemed the Fade Margin. 30. Two methods may be used to calculate the Fade Margin. The first method uses the probability of a detected signal strength exceeding a defined threshold across a single prediction square (edge probability), The second method uses the probability across many squares to provide a wide area probability (cell area probability). Both probabilities are interlinked and depend on the variation in signal strength across the small prediction area, i.e. the standard deviation (%"). 31. Determination of the fade margin and associated area cell reliability figures are calculated using the lognormal fading equations and methodology. See W.C. Jakes, Jr., "Microwave Mobile Communications," John Wiley & Sons, New York, 1974 (p. 126). This is the standard recommended methodology as described by the ETSI Technical Report of GSM Planning Aspects. The appropriate fade margin for 95% reliability employs the following equation: Given that xo-X 10nlog(e) Where Fu represents the fraction of useful area for which the signal strength x exceeds a given threshold Xo (the wanted fade margin), g is the combined standard deviation and n represents the distance/power law relationship. "n" is the rate at which radio waves I2 decrease with the Log of distance. It has been shova~ to be between 2 and 6, see Turkmani A and Toledo A: Radio transmission at 1800MHz into and within multistory buildings, IEE Proceedings vol 138, No6 Dec 1991. The value of "n" depends on the environment and propagation conditions. Omnipoint uses a value of 3.5 as recommended in ETSI Technical Report 03.30 (GSM Planning Aspects). For example, in a suburban environment, design levels for In-Vehicle would be calculated by the following: o = 8dB Body Loss -- 3dB In vehicle loss -- 6dB Receiver Sensitivity = -102dBm Path loss n --3.5 Reliability = 95% The required signal on the street outside the vehicle would be: Xo = Receiver Sensitivity + body loss + In-Vehicle loss = -102dBm + 3dB + 6dB = -93dBm Setting Fu= 0.95, n--3.5 Xo---93dBm and o-=SdB and solving for X in the equation above gives X= -84.4dBm, i.e. a total fade margin of 17.6dB. 32. The appropriate signal strength planning levels for all area types are shown in the table below. MS (Rx Fade Margin Planning Area Sensitivity) and losses Level In-Vehicle - 102 dBm 17.6 -84.4 dBm In-Building -102 dBm 26.0 -76.0 dBm (residential) In-Building -102 dBm 31.4 -70.6 dBm (commercial) 13 33. Based on the foregoing, Omnipoint's design criteria are factually and statistically justified. Conclusion Based on the foregoin~ I respectfully request that the application by Omnipoint be favorably considered and thc rcqucste, d approval be granted forthwith. Respectfully submit'ted, M~.--t~.~.._. ~d~d~COSGROVE Sworn to before me this 2%'~ day of 3'anuary, 2006 - Notary l~ubEc Z:~ S DATA~WPDATA~-~fl]%RDG\voW~mm~/?~e · ROSERTAS. BORNSTEIN . No~tary Public o. qf Ne~ Jersey ~vJy uommision ~Xl)ir6,, 7/03/10 14 Exhibit 1 Mark Cosgrove Curriculum Vitae Mark Cosgrove 21 Clinton Ave, Maplewood NJ 07040 Mark. Cosgrove~t-mobile.com SUMMARY More than 20 years of experience in the telecommunications field, with more than 15 years in wireless RF engineering. Experience with GSM, PDC, GPRS, EDGE, and CDMA technology. Proven track record of managing major projects, large departments, and complex development issues. Experienced in all aspects of technology development, network operation, planning and deployment, having managed R&D activities in several major companies and built and operated Cellular networks in the world's largest markets. US Green card holder, British Citizenship. EDUCATION University of Essex, England, B. Eng (Hons) Electrical and Electronic Engineering (Telecommunications) 1984 - 1987 E1VIPLOYMENT T-Mobile USA 2000 - present Director RF Engineering New York Metro, Parsippan); NJ, USA 2004 - Providing leadership and strategic management to the RF Optimization and Planning departments for New York Metro area, a department of over 100 engineers. Ensuring the smooth day-to-day running o£a 2200 site market, carrying over I million Erlangs of traffic per day, with a development budget in excess of $550 million, and over 600 site per annum build plan. Tasks include setting the technical strategy and vision for the market, distilling this strategy to the departments and ensuring goals and objectives support a common development path. Development of work procedures, process improvement and documentation to improve efficiency. Directly involved in the training of engineering staff. Director RF System Engineering, Bellevue, WA, USA 2000 - 2004 Managing a department of 50 people, with responsible for all aspects of RF planning (planning guidelines, documentation, planning tools, capacity roadmap and features); RF performance (statistical tool development,, forecasting tools, network enhancement task force, GPRS performance); and BSS engineering (technical vendor management, new feature testing and implementation, hardware and software development). Major projects include development, standardization, and initial deployment of GPRS, EDGE, AMP,, TTY, and E911 (phase 2 software, hardware, and functionality), development of company strategies and business cases. Responsible for developing T-Mobile's 3G strategy, based on W-CDMA, CDMA2000, EDGE, 802.1 lb, OFDM, and other emerging technologies. Main technical representative for T-Mobile when dealing with FCC, authoring T-Mobile's technical waivers for E911 and TTY and presenting pro~ess reports direct to FCC Commissioners and Wireless Bureau Executive Staff. Omnipoint Communication Services 1998 - 2000 Principle Engineer/RF Manger New Jersey, NYMT,4 Engineering Dept, Wayne. NJ, USA As sole Principal Engineer for Omnipoint corporate, responsible for defining and implementing technical and managerial standards in the areas of: RF Planning and design, RF Performance and Optimization, traffic forecasting and prediction methodologies, and EME safety standards. Managed Ericsson and other ancillary equipment vendors, responsible for technical assessment and approval. Brought in to NJ to revive poor performing market; reduced the drop call rate in New Jersey to less than t.5% from more than 4.0% in the first three months of taking responsibility for the performance of the system. Took responsibility for planning and optimization, managing a team of 11 engineers, building nearly 300 sites in 18 months. Managed technolo~oy change out from Ericsson to Siemens. Airtouch International 1994 - 1998 Technical Director, Technical Engineering Dept. Walnut Creek, CA, USA 1997-1998 Managed the technical program of R&D in the areas of CDMA, GSM, PCS, mobile satellite, wireless data, WLL, advanced intelligent networks, and enhanced services. Working directly with all international markets, external organi~tions, mid vendors to set Airtouch's technology strategy, introduce new technologies in to the market place and develop new business applications and opportunities. International RF Manager, Tokyo Digital Phone Group, Tokyo, Japan 1994-1997 Managed a staff of ten engineers in this Airtouch joint venture. Responsible for radio cell planning and the design and development ora PDC system in Tokyo. Major achievements included revamping the planning process, resulting in more than 200 new sites planned for central Tokyo in eight months, accelerating the cell build program ahead of schedule. Managed a radio capital budget of more than US$300 million. Personal initiatives during commercial negotiations resulted in eapex savings of more than US$50 million. Authored technical reports on capacity options, network amhitecture, new technology, cost analysis of cell design, system quality, and half-rate coding. British Telecom 1980 - 1994 GSM RJr Manager, Cellnet, Slough, England 1990- J994 Project manager for the development and introduction of GSM radio, with additional responsibility for research management. Major achievements included authoring sections of GSM air interface specification through the ETS1 committee, negotiating technical contracts with Motorola and Nokia, successfully managing the approval process for vendors, identifying design problems and improvements in performance, and producing radio planning and design rules for GSM. Planned and introduced the flint two GSM networks for BT Cellnet in the UK Computer Systems Manager, BT, London, England 1990 Responsible for supporting and developing project management tools and databases used by a team delivering a US$750-million microwave radio-based communication network to the British Ministry of Defense. Designed and developed a secure computer system, providing centralized database and management tools. Developed training packages and courses for users. Microwave Development Manager, BT, London, England 1987- 1990 Responsible for managing the specification, design, development, vendor negotiation, and type- approval of fixed-link microwave radio systems in the 6GHz, 11GHz, and 18GHz bands. Responsible for developing computer prediction tools and performance monitoring equipment. Personal achievements included successfully managing a new 18GHz vendor for 2Mbit systems. Engineering Technician, BT, Manchester, England ]980-1987 Entered BT as an Apprentice Engineer, working in all aspects of the fixed line business before specializing in transmission system construction. Work areas include digital and analogue transmission system construction, optical fiber installation and jointing. Award scholarship to attend University of Essex in 1984. TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the application of T-Mobile Northeast LLC For Approval to colocate public utility wireless telecommunications antennas inside an existing monopole and install related equipment at the premises ("Premises"): East Marion Fire District 9245 Main Road East Marion, New York District 1000, Section 31, Block 3, Lot 11.31 STATE OF NEW YORK COUNTY OF SUFFOLK ) ) SS.: ) AFFIDAVIT IN SUPPORT OF ANALYSIS OF PRIORITY SITE LOCATIONS hereafter). 2. PAWAN MADAHAR, being duly sworn, deposes and says: 1 am a radio frequency design engineer retained by T-Mobile Northeast LLC ('T-Mobile' As a radio frequency engineer, I am trained to identify service deficiencies in T-Mobile's wireless telecommunications network and to evaluate the ability of proposed antenna facilities to remedy these service deficiencies. I am fully familiar with T-Mobile's wireless telecommunications network in Suffolk County. 3. I submit this affidavit in support of T-Mobile's application for approval to colocate at the Premises and to satisfy Town of Southold Zoning Code Section 280-70D. In this application, T-Mobile seeks approval to install a public utility wireless telecommunications facility ("facility") at the Premises, all as depicted in the plans submitted herewith. 4. T-Mobile is licensed by the Federal Communications Commission (FCC) through its affiliates to serve the public within Suffolk County and throughout much of the United States and strives to provide reliable service throughout its licensed coverage area. 5. At present, there is a substantial service gap in T-Mobile's wireless telecommunications coverage in the vicinity of the proposed facility. A service gap exists if the user of a T-Mobile mobile telephone cannot reliably transmit, receive, or maintain a voice or data connection. 6. This service gap prevents T-Mobile from providing reliable service in the area and can have serious consequences during times of emergency or disaster. 7. To understand why the proposed facility is needed, it is necessary to understand how T- Mobile's system works from an engineering standpoint. T-Mobile's wireless telecommunications system is designed so that facilities with low-powered antennas and radio equipment are strategically located at determined distances apart. 8. Given the nature of radio waves, and due to such factors as topography, tree cover, buildings, and other physical obstructions, each coverage area or "cell" is irregularly shaped. These coverage areas should have some overlap to ensure "seamless" coverage throughout the network. With some overlap and sufficient signal strength from each facility, the T-Mobile user can move through these cells and reliably transmit, receive, and maintain voice or data connections. 9. Each facility is engineered to cover a specific cell in a larger system of overlapping cells and to avoid interfering with T-Mobile's other facilities in the system. 10. To determine the antenna height and location needed to eliminate the service deficiency in a particular area, T-Mobile performs radio frequency propagation modeling and other studies to determine the height and location limitations of the needed facility. The radio frequency propagation models used are based on empirical data from many independent studies over many different conditions. Engineers throughout the United States and throughout the world commonly use these models to design wireless telecommunications systems. 11. The location and height of the antennas is generally dependent on some or all of the following factors: availability of existing structures, location of existing facilities in the area, drive test data, surrounding topography, and land cover features in the area such as the size and type of buildings and tree cover. 12. Based on such studies, T-Mobile establishes a narrowly defined search area where the facility should be located, and at what height, to remedy the service gap in question ('Search Ring'). 13. I have been informed that Southold Town Code Section 280-70D sets forth a priority listing for locating wireless telecommunication services facilities in the Town of Southold. In addition, 1 -2- have been provided with a list of Town-owned properties that are located within or just outside the Search Ring. I have been advised that no existing antenna support structures or other structures are located on any of these Town-owned parcels. 14. Furthermore, I have been advised that there are standard utility poles that are situated within the Town's rights-of-ways located within the Search Ring and that the tallest utility pole in the Search Ring is approximately 35'. T-Mobile would be unable to provide reliable in-building coverage in the Search Ring if its facility were to be located on an existing utility pole in the Search Ring at a height of 35'. 15. Utilizing all of the available information regarding existing conditions in the Search Ring and utilizing propagation maps, I have determined that affixing antennas on an existing utility pole within the Search Ring at a height of 35' would not be capable of eliminating the service deficiency in question. 16. The principal objective of the proposed site is to provide in-vehicle and in-building coverage to the area in the vicinity of the Premises. Maps depicting in-vehicle coverage and in-building coverage that would result with the establishment of the site were previously filed with the Town of Southold Building Department on May 5, 2010 and are reproduced and attached hereto as Exhibit "A' for your convenience. 17. Accordingly, I have concluded that no site fitting the description in Section 280- 70D(1)(a) would be able to provide reliable service to the target area although_ such sites, if available, would fill other gaps located within the Village. ~ ~xx PAWAN MADAHAR Sworn to before me this ~[ day of August, 2010. "/NO)TA ~I~UBLIc JENNIFER DONOHUE , NMIW Public - Stiite of New York NO. 01DO6211094 -3- Ou&lifled in Suffolk County ~ TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the application of T-Mobile Northeast LLC For Approval to colocate public utility wireless telecommunications antennas inside an existing monopole and install related equipment at the premises ("Premises"): East Marion Fire District 9245 Main Road East Marion, New York District 1000, Section 31, Block 3, Lot 11.31 ANALYSIS OF PRIORITY SITE LOCATIONS Southold Town Code Section 280-70D addresses the location of wireless communications facilities and provides as follows: 1. Applicants for wireless communications facilities shall locate, site and erect said wireless facilities in accordance with the following priorities, (a) being the highest priority and (f) being the lowest priority. (a) On existing antenna support structure or other structures on Town owned properties, including the right-of-way. (b) On an existing antenna support structure or other structures on other property in the Town. (c) A new antenna support structure on Town owned properties. (d) A new antenna support structure on properties in the LI or LIO zoning districts. (e) A new antenna support structure on properties in the MI, MII, B or HB zoning districts. (f') A new antenna support structure on properties in the AC, R-40, R-80, R-120, R- 200, R400, LB, RO, RR, HD or AHD zoning districts. 2. If the proposed site is not proposed for the highest priority listed above, the Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why the sites of a higher priority were not selected shall be included with the Application. The Applicant seeking such an exception must satisfactorily demonstrate the mason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. In the instant application, T-Mobile is proposing to colocate its wireless communications facility on an existing antenna support structure located on property owned by the East Marion Fire District. The -1- location of this site falls under the Town's second highest priority as noted in Code Section 280-70D(1) and cited above. T-Mobile's proposed antennas am to be installed inside the existing stealth pole and its equipment is proposed on the ground to be concealed by evergreen landscaping. T-Mobile's application for the instant collocation proposal was submitted months prior to the Town Board's enactment of Local Law No. 4 of 2010 on July 13, 2010, which amended Chapter 280 of the Town Code to include, among other items, provision 280-70D, cited above, concerning the Location of Wireless Facilities. However, in an effort to comply with all aspects of the amended Town of Southold Town Code, T-Mobile has analyzed the feasibility of locating a site that falls under the Town's first priority. Presently, there is a service deficiency in the vicinity of the proposed site. In order to eliminate this service gap, T-Mobile must establish an antenna site within a narrowly defined geographic area and at a height determined by its radiofrequency engineers. T-Mobile determined that there am no existing antenna support structures or other structures on Town owned properties, including rights-of-way, which would allow T-Mobile to provide reliable service to the area in question ('Search Ring'). A copy of the Search Ring map has been submitted to both the Building Department and Planning Board and another copy is attached hereto for your reference. Upon information and belief, the following list is representative of all of the Town-owned pamels within or just outside the Search Ring wherein there is presently a service deficiency: · SCTM# 1000- 31-17-1: Marion Lake (larger portion 19.8 acres of the lake-underwater land); · SCTM# 1000- 31-7-9: Marion Lake (smaller portion 6.2 acres to the southwest underwater land); · SCTM# 1000- 31-3-11.21: Recharge basin located between Cedar Drive and Willow Drive (surrounded by homes); · SCTM# 1000- 31-4-11: East Marion School District Park and Ball Field, 10145 Route 25 (approximately 10 acres of ball fields surrounded by high end homes); · SCTM# 1000-31-4-16.7: Recharge basin located near Kayleigh's Court (next to EMSD park); · SCTM# 1000-31-11-4: East Marion Cemetery (7 acres surrounded by high end homes and the lake); · SCTM# 1000-31-11-5: 100' by 100' parcel located next to cemetery; and · SCTM#1000-22-24.1 and 22.1: Damn Pond. -2- Upon information and belief, there are no antenna support structures or other structures located on any of the above-mentioned Town-owned parcels. There are standard utility poles that are situated within the Town's rights-of-ways located within the Search Ring. Upon information and belief, the tallest utility pole in the Search Ring is approximately 35'. As set forth in the accompanying affidavit of Pawan Madahar ('Madahar Affidavit'), T-Mobile would be unable to provide reliable in-building coverage in the Search Ring if it located its facility on such a utility pole at a height of 35'. Section 280-67 states that the purpose of Article XVII is, among other things, to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. The proposed site conforms to the foregoing, achieves the objectives of the ordinance and represents the least obtrusive means to eliminate the service deficiency the vicinity of the proposed site. T-Mobile's RF Engineers carefully studied the Town Code, the topography, the tree cover and the land uses and determined that the proposed facility is the least obtrusive means of providing service to the target area without having a visual impact on surrounding properties consistent with both the State and Federal law and the goals and purposes of the Southold Town Code. WHEREFORE, the applicant respectfully requests that its application be promptly granted in its entirety. Dated: Huntington, NY August 6, 2010 R6, N~r& Coug~ Attorneys for Applicant, T-Mobile Northeast LLC 36 North New York Avenue Huntington, New York 11743 (631) 425 -4100 (631) 425-44104 (fax) -3- at&t Date: March 30, 2009 East Marion Fire District 9524 Main Road East Marion, NY 11939 Owner's Consent to Sublease Re: AT&T Mobility Lease/License with East Madon Fire District dated 8/17/2005 Site Name: NYCENY1017 Site FA Number: 10107550 Site Address: 9395 Main Road Site City, State, Zip Code East Marion, NY 11939 Sublessee/Sublicensse T-Mobile AT&T Mobility has . . . leased premise an(~ecelved an appl~catK)n to allow another wireless carrier to co-locate within the shall he in accordan~on Our cell tOwer located at the address referenced above. This application with local zoning laws and regulations. Under our lease with you, AT&T has the right to sublease with your reasonable consent. While subletting the premises, AT&T Mobility w II continue to agreement with you and wil r~ n,~,. ...... be the lessee/licensee in ~ ......,.,.u~ u~e leaserllcense. Additionally, the sublessee/subiicansee shall have no more rights a~lowed to them in excess of Our rights with you ' as outlined in our existing lease/license agreement. Agreed to and accepted this _/.,5'~ay of .J~,.4,'~"'- , 2009. (Date) (Phone) Please use the enclosed self-addressed stamped envelope to tatum this consent. If yOu have any questions, please contact me at 770-708-6085 or ~. Sincerely, Brittany Dohmen Application Process Manager AT&T Mobility. ~ Clnguler Way, Cube , AJ~, GA 30004 MEMORANDUM OF LEASE Assessor's Parco' Number: Section 31, Lot 11.31, 3 Between East Marion Fire Dis~'ict ("Landlord") and T-Mobile Northeast LLC CTenant") NAME AND ADDRESS OF LANDLORD: East Marion Fire District 9245 Main Road 2 Oo be,'r-, V3~ East Marion, NY 11939 NAME AND ADDRESS OF TENANT: T-MobiLe Northeast LLC 4 Sylvan Way Parsippany, NJ 07054 At~n: Lease Administration Manager LEASE DATE OF EXECTUION: SITE LEASE WITH OPTION: A Site Lease with Option (the "Lease") by and between East Marion Fire District, a(n) ("Landlord") and T- Mobile Northeast LLC, a Delaware limited liability company ("Tenant") was made regarding a portion of the property described below (the "Leased Premises"). DESCRIPTION OF LEASED PREMSIES: The Leased Premises consists of a portion of the property (the "Property") known by the street address 9245 Main Road, East Marion 11939, State of New York, which is sufficient for the placement of Antanna Facilities together with easements for access and utilities. A metes and bounds description of the Property is incorporated herein as Exhibit "A." TERM OF THE LEASE: The term of the Lease is for five (5) years, commencing on the dine of the exercise of the Option (the "Commencement Date'~) and expiring on midnight on the last day of the Initial or Renewal Term (the "Expiration Date"). OPTION TO EXTEND: Tenant has an option to extend the term of the Lease for five (5) successive periods of five (5) years [each]. This Lease shall automatically renew for each successive Renewal Term, unless Tenant not[ties Landlord, in writing of Tenant's intention not to renew this Lease, at least thirty (30) days prior to the expiration of the lnitial Term or any Renewal Term. TERMS OF THE LEASE GOVERN: The rights, obligations and remedies of Landlord and Tenant, respectively, with reference to each other and the Leased Premises shall be fixed, determined and governed solely by the terms of the Le~e, this being a Memorandum of Lease executed by the parties hereto for the purpose of providing an instrument pursuant U) Section 291-C of the Real Property Low of the State &New York in lieu of recording the Lease. The parties hereto have executed and delivered this Memorandum of Lease for the purpose of giving notice of the Lease to whomever it may concern. Fro a statement of the rights, privileges and obligations created under the Lease and of the options, terms, covenants and conditions contained therein, reference should be made to the Lease. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date o£the last party to sign. LANDLORD: ,~/ast M~ion Fire District / Title: ~_~[-17~--i/~, gla gL-&.) TENANT: T-Mobile Northeast LLC By: Printed Name: Title: Date: $11e Number: Site Name: Market: [LANDLORD NOTARY BLOCK FOR ACKNOWLEDGMENT WITHIN NEW YORK STATE] STATE OF NEW YORK ) COUNTY OF ~l~~ ) On the I~"~Lday ~ the year'2-~0%fore me, the undersigned, person?!y ~pe,ared, . ,pers. onall.y, know~ to ~ or proved to me on the basis of satisfactory evidence to be the individual(s) whose name~s) is [are) suoscribed to tiae wimin insrrum n and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signatures on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. [. .... ~ROI. ~UIARY PUBLIC, STATE OF NEW vnn~ I _ NO. 01MI6003086 (~M/QUALIFIED IN SUFFOLK COUNTY .~ C/MISSION EXPIRES FEBRUARy 23, / (Use this space for notary stamp/seal) Site Number Ll13345A Site Name: East Marion Fire Dep~nneat [LANDLORD NOTARY BLOCK FOR ACKNOWLEDGEMENT OUTSTIDE NEW YORK STATE! STATE OF ) COUNTY OF ) On the day of in the year before mc personally appeared , personally known to me or proved to me on the basis of ~atisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and aclcnowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acU:d, executed the instrument. Notary Public Print Name My commission expires (Use this space for notary stamp/seal) [TENANT NOTARY BLOCK FOR ACKNOWLEDGMENT WITHIN NEW YORK STATE! STATE OF NEW YORK ) COUNTY OF ) On the day 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 instrumen~ and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatures on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Si~e Numbe~: L[13345A ['TENANT NOTARY BLOCK FOR ACKNOWLEDGMENT OUT$ITE NEW YORK STA TEI STATE OF ) COUNTY OF ) On the day of in the year before me personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose nme(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 thc instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Market: Site L~se - version 630.06 Memorandum of Lease Exhibit A Legal Description Lot Number: 11.31, Block Number: 3 The Property is legally described as follows: Site Lease - version 6.30 O~ Site Number: LII3345A I Site Name: East Marion Fire Deparm~ent AT&T Site: EAST MARION FIRE / FA 10107550 T-Mobile Site: EAST MARION / LI13345 SITE LICENSE AGREEMENT This Site License Agreement ("SLA"), entered into this ~ day of 001'0~-'~ , 200_~ ("SLA Effective Date")betweenNew Cingular Wireless PCS, LLC, a Delaware limited liabiliuy company, here~qat~er designated ~ LICENSOR and T-Mobile Northeast LLC a Delaware l~iced liability company~ here~ager desi~atod ~ LICENSEE. This SLA is a SLA as referenced in that certain Master Lease Agreement between T-MOBILE USA, INC. and AT&T Mobility LLC, Successor-in-interest to CINGULAR WIRELESS LLC dated January 5, 2005 ("MLA"), as amended. All of the terms and conditions of the MLA are incorporated herein by this reference and made a part hereof without the necessity of repeating or attaching the MLA. In the event of a contradiction, modification or inconsistency between the terms of the MLA and this SLA, the terms of the MLA shall govern and control. Notwithstanding anything to the contrary herein, in the event a Sec. 12, Special Provision, herein, is necessitated by compliance with any regulatory requirement and such Special Provision contradicts, modifies or is inconsistent with the terms of the MLA, such Special Provision shall control. Capitalized terms used in this SLA shall have the same meaning described for them in the MLA unless otherwise indicated herein. SiteNo. andName(ifapplicable): LICENSOR:FA44 10107550 / EAST MARION FIRE LICENSEE: LI13345 / EAST MARION Site Address and the Land which is more particularly described in Attachment I attached hereto and incorporated herein: 9395 g'.'iAIN ROAD, EAST MARION, SUFFOLK COUNTY, NEW YORK. 4. Site Latitude and Longitude: Lat: 41.130110 ° N Lon: -72.339880 o W The LICENSEE Antenna Facilities to be placed on the Property and the location of the Premises are detailed in and shall be consistent with Attachment 2, attached hereto and incorporated herein. 6. The term of this SLA shall be as set forth in Sections 4 and 5 of the MLA, except: N/A The Rent commencement date of the SLA shall be the first day of the month following the earlier of either; i) one hundred eighty (180) days after full execution of this SLA; or ii) the date specified on the Notice to Proceed ("NTP") from LICENSOR. The Rent for the initial term of this SLA shall be at an annual rental of ! _ l[ ] ~l~'Do]lars l~~to be paid in equal monthly installments on the first day of the month, consistent with MLA Exhibit B-I, in advance, to LICENSOR at the following address: AT&? Mob±l±ty, Attn: Co-location A/R, P.O. Box 97079, Redmond, Washington 98073-9779 or to such other person, firm or place as the LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. All Rent cheeks shall have LICENSOR's site number clearly written on the face of the check. If the Property is subject to a prime lease, license or other such agreement granting LICENSOR's interest of the Property, a copy of such agreement is attached hereto as Attachment 3. If consent is required from Owner, it shall be attached hereto and incorporated herein as Attachment 4. 10. LICENSOR Contact for Emergency: MNRC TELEPHONE NUMBEI~ 8 0 0 - 6 3 8 - 2 8 2 2 11. LICENSEE Contact for Emergency: NOC TELEPHONE NUMBER: 888-662-4662 12. Special Provisions: LICENSEE will pay a one-time fee to LICENSOR, not to be construed as rent, for reimbursement of LICENSOR's capital costs. LICENSOR encountered extraordinary site build costs in connection with the development &the subject site. LfCENSEE agrees to reimburse LICENSOR for a portion of said costs. LICENSEE's share shall consist of the total payment of-- 1~ . --' - - I ~ollars,l~llllto be paid to AT&T Mobility (via overnight courier) at 8645 154th Avenue, NE, Redmond, WA 98052-3564, Re: Site Name East Marion Fire; FA # 10107550, and shall be due upon commencement of this Agreement and prior to issuance of the NTP. Retnain~ tnten~'onall blank $i ature e to ollow IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. WITNESS LICENSOR: New Cingular Wireless PCS, BBC By: AT&T Mobility Corporation Its: Manager ~3Y: PRINTNAME: Neil C. Boyer TITLE: Director-Network DATE: T-Mobile Northea t LLC BY: PRINT NAME: C__~pi' 5 .t-~ 2 i Itl/~./~ tic TITLE: VP DATE: /0 - /~.-- 0 9 ATTACHMENTS: Attachment 1: Legal Description of the Land Attachment 2: Plans and Specifications Attachment 3: Prime Lease Attachment 4: Owner's Consent Attachment 5: Memorandum of SLA STATE OF _ &[~ ~6~I ) COUNTY OF ~11'414~'~f' ) I certify that I know orhave satisfactory evidence that Nell C. Boyer is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Director - Network Of Mobility Corporation, Manager of New Cingular Wireless PCS, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: STATE OF No~ary Public Print Name My commission expires COUNTY OF [ ~ ]~O'~,~d~ ) ,certify that/l know or have satisfactory evidence that F~')~O ~tg-~d/"~ ~/~s the person who appeared before me, and said person acknowledged that he/she sim~[l this instrument,.on..~ath stated that he/she was authorized to execute the instmmept ged acknowledged it as the ~/ff/2/~ [fi'/('; of 7- ./~.~t~.~ . .f~_~}~;~/..~t[.Jae the free and voluntary alt of ~'cl:t party for the uses and purposes 'mentio~d in the i[ltmment. · -/m- 0 9' ATTORNEY .AT LAW STATE OF NEW JERSEY Dated: ATTACHMENT 1 LEGAL DES.CRIR. TION OF' LAND Si~nate in East Marlon~ County of S~ffolk, State. of New York, District 1000, Section 31, Block 3~ and LOt li.031, mor~ particularly des~rlbed amd/or d~pict~d in the Prime Lease at~ached hereto as ~ttaChmen% ~. ATTACHMENT 2 PLANS AND SPECIFICATIONS (including description of the antenna location, and location of ground equipment on the ground portion of the Premises) Proposed Equipment is defined below and Plans and specifications are attached hereto. Number of Antennas: Antenna Manufacturer and Type-Number: Weight and Dimension of Antenna(s) (L x W x D): MW Dish diameter and approved RAD Center: Number of Transmission Lines: Diameter and Length of Transmission L'me: Location of Antenna(s) on Tower (Approved RAD Center): Direction of Radiation (Azimuth): Dimensions of LICENSEE Ground Space: Frequencies/Max. Power Output: Additional Equipment to be placed on Tower: Additional Equipment Make/Model and Dimensions: Three (3) Andrew TMBXX-6516-R2M 34.6 lbs; 59" x 11.9" x 6.3" N/A Twelve {12) 7/8"; +/-105' 87' AGL 302 / 150~ / 270t N/A, Tower Only Tx: 1740-1745 & 1860-1870 Rx: 2140-2145 & 1940-1950 M~z 46 Watts Six (6) 14 lb. TMAS; (3) Andrew, (3) RFS (3) ETW190US12UB 10.2" x 3.7" x 6.7"; (3) ATMAA-1412D-1A20 12" x 10" x 4" Notes: 1. The plane and speoificafions attached hereto are provided as SLA attachments only. Approved Final Construction drawings are required prior to commencement of construction. Actual "as built" drawings shall be attached and incorporated herein at the time of completion of construction. 2. This Attachment is to include any plans for routing lines, utility wires, etc. on or across the Property. 3. Frequency and Power Output Information is provided for purposes of monitoring compliance with the interference sections only. WEST ELEVATION SCALE: 1/16"= I'-0" ATTACHMENT PRIME LEASE The Prime Lease ~s attached hereto. ~1' N~W'YORK *~1932~515 CLERK OF LETTER OF AUTHORIZATION for ZONING and TESTING PURPOSES Municipality: Town of Southold East Marion Fire District, the Owner of 9245 Main Road East Marion, NY (the "Property"), does hereby appoint T-Mobile Northeast 'r.T.C and its employees, agents and contractors, as Owner's agent for the purpose of filing and completing any application necessary for constructing or installing on the Property, such antennas, support structures and related equipment as T-Mobile may require for its commercial mobile radio system. Owner fi~rther agrees that T-Mobile and its employees, agents and contractors, shall have such access to the Property as T-Mobile may require for evaluating environmental, radio coverage, and other conditions at, on or below the Property. T-Mobile shall be responsible for all costs, fees and expenses incurred in securing any approval, or in connection with any testing. A~sessor's Parcel Number: District 1000 Section 31 Block 3 Lot 11.031 Property Owner: ~ East Marion Fir~District., Authorized Agent: By: Name: Title: Authorized Signatory T-Mobile Northeast LLC Signed and Sworn to before me this , ~-~day of ~, 20~ ~A..[R~ CAROL A, MiLL .:O'I'ARY PUBLIC, STATE OF NEW YORK at&t Date: March 30, 2009 East Marion Fire District 9524 Main Road East Marion, NY 11939 Owner's Consent to Sublease Re: AT&T Mobility Lease/License with East Marion Fire District dated 8/17/2005 Site Name: NYCENY1017 Site FA Number: 10107550 Site Address: 9395 Main Road Site City, State, Zip Code East Marion, NY 11939 Sublessee/Sublicensee T-Mobile AT&T Mobility has received an application to allow another wireless carrier to co-locate within the leased premise and on our cell tOwer located at the address referenced above. This application shall be in accordance with local zoning laws and regulations. Under our lease with you, AT&T has the right to sublease with your reasonable consent. While subletting the premises, AT&T Mobility will continue to be the lessee/licensee in our agreement with you and will perform all of our obligations under the lease/license. Additionally, the sublessee/sublicensee shall have no more rights allowed to them in excess of our rights with you as outlined in our existing lease/license agreement. Agreed to and accepted this/~ay of ~ ~ -- W ~_, 2009. hr or O~ner's Registered Agent; (printed Name) (Phone) Please use the enclosed self-addressed stamped envelope to return this consent. If you have any questions, please contact me at 770-708-6085 or ~. Sincerely, Brittany Dohmen Application Process Manager AT&T Mobility. 12555 Cingular Way, Cube , AIpharetta, GA 30004 Ceil Site No~ NYCENYI017 C~! Site Name: West Orient Point Fixed Ass~tNo. 10107550 Address: 9245 Main. Road, East Marion, NY l I939 SECOND AMENDMENTTO OPTION AND LEASE AGREEMENT THIS SECOND AMENDMENT TO OPTION AND LEASE AGRI~EME,WF ("Amendment"), dated as of the latter of thc signature dates below, is by and between East Marion Fire District, a New York municipal corporation, having a mailing address of PO Box I31, East Marion, NY 1 i939 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company having a mailing address of 6100 Atlantic Boulevard, Norcross, Georgia 30071 (hereinafter referred to as 'Tenant"). WHEREAS, Landlord and Tenant entered into an Option and Lease Agreement dated August t7,~2005, and First Angadrn~nt' to Lease Agreement dated December 7, 2006, whereby Landlord leased to Tenant ceaXain Premises, therein described, that a~ a portion of the Prope~y located at 9245 Main Road, East Marion, NY 11939 (coJlectiveiy ::he Lease and the Amendment are referred to as the "Agreement"); and WHEREAS, 'landlord and Tenant desire to amend the Agreement to modify the Rent Commencement Date and the Rent amount thereof; and WHEREAS, Landlord and Tenant desire to amend the Agreement to mod/fy the notice section thereof; and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the Permitted Use section thereof; and WI-IEREAS, Landlord and Tenant d~sim to amend the Agreement to pay Landlord's reasonable legal fees in. an amount not to exceed in total, upon reasonable proof of the same: and WHEREAS, Landlord and Tenant desire, to amend the Agn~ment to modify the Interference section to address minimizing excessive noise, if any, emanating from the Communication Facility. WHEREAS, Landlord and Tenant, in their mutual interest, wish'to amend the Agreement as set for*.h below according/y. NY Ameca~ngnt ~ Leage 2006 NOW Tt-IE~RE, in consideration of the foregoing and other good and. valuable consideration, the teceip~ and sufficiency of which axe hereby acknowledged, Landlord and Tenant agree as follows: 1. Landlord and Tenmt agre~ that Paragraph 4.(a) of the Agreement is hereby deleted in its entirety and replaced with the following.' 4.(a) Commencing on the first day of the month following the date that Tenant commences construction (the 'Rent Commencement Date"), Tenant will pay to Landlord a annual rental payment of ("Rent"), at the address s~t forth above. Dunng any partial years during the Term or any Extension Terms, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within thirty (30) days after the Rent Commencement Date. 2. Landlord and Tenant agree that Paragraph 2.(d) of the Agreement is hereby deleted in its entirety and replaced with the following: 2.(d) Tenant shall install the Landlord's items listed in Exhibit I to this Amendment, along with associated cabling and mounting hardware, at the Communication Facility. Tenant will also peovid~ a 3' x 5' concrete pad within a fenced area adjacent to Tenant's monopote. Tenant will ensure Landlord's coax is buried in conduit and brought to pad for tie-in to Landlord' equipment. In addition, Tenant will provid~ power and t~lco conduits from Landlord's d~ignatex/building located at District 1000, Section 31, Block 3. At Landlord's sole coat and expense, Landlord has th~ :right to modify, supplement, replace or upgraclo, the eqmpmcnt listed within Exhibit 1, so long as Landlord's modifications do not interfere in any way with- Tenant's radio frequency signal, and do no require a structural upgrade, modification to foundation or tower. 3. Landlord. and Tenant agree that Paragraph 24. (i) of the Agreement and Paragraph I. of Se First Amendmem are hereby d~let~:l in their entirety and replaced with the following: Tenant agrc~'a to pay Landlord's, reasonable legal fees for the review of the Agreen'~nt, this Amendment and reasonable legal fees for secaring the Government Approvals to build the Communication Facility contemplated, undeg thc Ag~e~mcm, including thc Certificate of Occupancy, in an amount not to exceed; upon reasonable proof of the same; 4. Landlord and Tenant agr¢~ that subparagraph 8. (~) will b¢ added to thc Agreement, providing the following: Throughout the term of the Agreement, Tenant will take reasonable steps to minimize noise emissions from its Communi~tion Facility. T~nant will take noise ¢-fffissions readings pm and post installation of its Communication Facility to provide a bas,line repoa. Tenant acknowledges that all equipment will operate within the decibel limits listed in its manufacturer specifications. -2- 5. Notices, Section 17 of the Agreement is hereby mended to replace Tenant's Legal Notice address only with the following: New Cingular Wireless PCS, LLC, Attn: Legal 'Department 5 Wood Hollow P/oad Parsippany, NJ 07054 Ceil Site No. NYCENYIOI7 Cell Site Name: West Orient Point Fixed ASset No. 10107550 6, Other Term~ and Conditiom Remain. tn the event of any inconsistencies between the Agreement and this Amendment, the terms of this Second Amendment shall control. In the event of any inconsistencies between the First Amendment and this Second Amendment, the terms of this Second Amendment shall control. Except as expressly set forth in this Second Amendment, the Agreement and the First Amendment, otherwir~ are unmodified and remain in full force and effect. Each reference in thc Agreement to itself shall be deemed also to refer to this Second Amendment, 7. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in' the Agreement. IN WITNESS WHF_flLEOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth b~low. LANDLORD: East Marion Fire District, a New York Title:~.~: ~ ~ Date: %~ TENANT: New Cingular Wireless, PCS, LLC, By: AT&T Mt~t,liitylCorporation ~ amc: . R. 101iqha~i Maus . . TitLe; .Ex. Dir N.Y/NJ Network.. -3- TENANT ACKNOWLEDCtMENT ) $$: COUNTY OF ~ ) Onthe a~lday of ~'e~ in the year 200~ before me, uhe undersigned, pe~onally appeared'~., 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 aclmowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Pablic -J JANETTE ELtSE WAL~v NOTARY PUBL!C OF NE~¢¢ J[RSEY ~Y COMMiSSiON EXPiRESF£R 20 2~C9 LANDLORD ACKNOWLEDOM~ (Use for all Landlords: Individual, Corporation, Partnership, etc...) STATE OF ) ) SS: COUNTY OF ~,,~-.e ) On the ~_~..~ day of sj~ ~a, in the year 200_~, before mc, the undersigned, per$onallyappelaed I~s~-.~e (~a,~r,~,^ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed {o the within instrument and acknowledged to me that he/she~¢xecuted the same in his/her capagity, and that by his/her signature on the instrument, the i. fl~fvidual, or the pe~on upon behalf of which the individual acted, executed the ins~~ ~ Notary Public E~'¢,t,~.,~D ,~OI~H ~O'¢D 5th Ro~2W F;~l' :c ~t~tc ,of R~w York .4-- ATTACHMENT I IV~EEMORANDUM OF LEASE Ret-ad to: cio Cingular Wireless, LLC 6100 Atlantic Boulevard Non:ross, GA 30071 At'm: Neawork R~I Estag: Administration Re: Cell Si~ # NYCEaNYI017; Cell Site N~: W~t Orient Point FiXed Asset Number:. 10107550 Sram: New York County: S,u. fro .Ig. MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this '~ day of ..t,)~.~ ,200~.~, by and b~tween East Marion Fire District, a New York municipal corporation; having a mailing address of PO Box i31, East Marion, NY 11939 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a D~lawar~ limited liability company, having a mailing address of 6100 Atlantic Boulevard, Norcross, GA 30071 (hereinafter referred to as "Tonant"). Landlord=andT~nam ~ntexed into a c~min Option and Lease Agreemunt CAgr~rnent") on the 17th da~ymof August, 2005, as amended by that certain First Amendment to Agnz~rtwnt dated the 7 day of Dece~, 2006, and this Second Ameadment for the purpos~ of iastalling, operating and maintaining a communications facility and other improvements. All of the foregoing am set forth in tl~ Agreement. Th~ initial leaa~ term will be five (5) years Clufflal Term'") commencing on th~ Effective Date oftbe Agreem~m, with four (4) successive five (5).year op6ons to reenew. The portion of the land being leased to Tenant (the "Pr~mises") is described in Exhibit 2 annexed hereto. This Memorandum of Lea.se is not intended to amend or modify, and si,all not bc d~med or construed aa amending or modifying, any of Iht: terms, conditions or provisions of the Agreorr~nt, all of which' arc hereby ratified and affirmed, In the event of a conflict' b~tw~n the provisions of this Me~norandum of Lease and the provisions of the Agreement, tie l;n'o~siof~ of the Agreement shall control. The Agreemera shall be binding upon and inure to the benefit of the part/es and their respective heir% successors, and assigns+ subject to th~ proviskms of th~ Ag~_~m~nt. IN WITNESS WHEILEOF, ff, e panles have executed this Memorandum of Lease as of the day and year first above written. WITNESSES: Print Name: East Marion Fire District, a New York Print Name. Print Name: "TENANT" New Cingalar Wimlcss PCS, LIE. By: AT&T Mq~ltg ~ion Print N~: g~ Mtc~l Maus I~: ,~. Oir ~J Netw~ TENANT ACKNOWLEDGMENT COUNTY OF ~ > ) SS: ) On th~ day of Feb in thc year 200~ befo~ me, th~ undersigned, personally appeared g. ffh .~, a.~i fl't ~,s.~- , personally known to mc or p~ved to mo on the basis of satisfactory evidence to b~ the individual whose narc~ is subscribed to th~ within instrument and acknowledged to mc that he/sh~ executed the same in his/her capacity, and that by hisser signature on the instrument, the individtad, or the person upon b~half of which the individual acted, exeauted th~ inslxument. JANE'rTE ELfSE WALB¥ NOTARy PUBLIC OF NE~' JERSEY ~,Y CO~M[SSIOr~ EXP{RES FEB 20 [~LORD ACKNOV~rl (Use for all Landlords: Individual, Corporation, Partnership, STATE OF ) SS: COUNTY OF ~,"-~-- ) On the ~ day of b)~. in the year 200~_, before me, the undersigned, personally appeared {~,~.¢~.~. O.~...-~,~..~ . 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/she ¢~ecuted th~ same in hidher capacity, and that by his/her signature on the instrument, the ?n~ddual, or the p~rson upon behalf of wiiich the individual actezi; executed the instru~./~, Notary Public [OWAI~D JOHN ~OYD Com,~i~.$i,nn ExpSrez ApriJ' Eastern Long:Island PO BOX 927 Qt~ue, NY T (631) ~ F (631) 6~3-6330 Mr Ed Boyd 02/15/08 Dear Ecl, Antennas for East Manon are as follows: Purpose Model Length Height (yar UHF TX Teleware exposed dipole 450D6-9' 10 feet 30 feet Low bend TX/RX RFS t 142 10 Fee{ 30 fe~ UHF RX Fit)er gtas~ 3 (lb Andrew DB633 5 feet Top UHF TX/RX Fiber glass 5 db RFS 201 8 feet 30 Fee~ VI-IF I'X/RX Fiber Grass 3 DB Arxtrew ASP680 11.7 30 feet ° Coutl$ be DB 408 or 411 ObWOusiy this ia sub}act to availability at time of order, b~t nothing would change by any gt'eat degree ~n terms of hefght, weigl~t, or ~ loading. Eastern Long Island Electronics Cell Site No. NYCENYI017 Market: Tri State East Address: West Orient Point FIRST AzMEND,MENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and' between East Marion Fire' District, a Municipal Corporation, h~ving a mailing eddreas of P. O. Box t3t, East Marion, NY 11939,. (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LZC, a Delaware limited liability company having a mailing 'address of 6t ~0 Atlantic Boulevard, Norcross, Georgia 30071 (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Tenant entered into a Lease Agreement dated August 17, 2005, whereby l,andlord leased to Tenant cextain Premises, therein described, that are a portion of the Proper~y located ~t Main Road, East Marion, NY i 1939 (~Agreement~'); and WHEREAS, the facility location has changed per the attached Lease Exhibit and WHEREAS, Landlord and-Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Tenant agrees to pay Landlord's reasonable legal fees for the submittal and testimony of the File Building Permit Application, File Application for Variance and/or Special Use Permit with the Zoning Board of Appeals if necessary, File Application for Site Plaza Approval with the Planning Board, and File ZBA Appwval and Site Plan Approval with the Building Department ~ {n an amount not to exceed upon reasonable proof of the same; and WHEREAS, Tenant agrees to pay Landlord's reasonable Radio Frequency engineenng fees for the submittal and testimony in the Town of Southold and in an amount not to exceed .... upon reasonable proof of the same; and WHEREAS, Landlord and Tenant d~sire to amemi the Agreement to permit Tenant zo add, modify and~or replace ~quipment in order to be in compliane~ with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, Landlord and Temmt, ia their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which' are hereby acknowledged, Landlord and Tenant agree as follows: T]~NANT ACKNOWLEDGEMENT )ss: OF ). .J On the ~ day of ~ 200L~ before me personally appeared and acknowledged undia- oath that he is the ~iru~,~a_.,~J~J't~,~ , the ,-~t.~ named in the attached ..... M sion Expires: LANDLORD ACK/~OWLEDGEMENT INDIVIDUAL ACKNOWLEDOEMENT STATE OF ) ) ss: COUNTY OF ) BE IT REMEMBERED, that on this day of ,200__ before mc, the subscriber, a person authorized to take oaths in the State of .. , personally appeared who, being duly sworn on hi,s/ii,r/their oath, dqao$iM and made proof to my sat/sfac'on that he/she/they is/are the person(s) nailed in the within insmunent; and [, having flint made known to him/her/them tho contents thereot~ heYsheYthcy did acknowledgo that he/she/they signed, sealed and delivered the same as his&er/their voluntary act and deed for the purposes therein contained. Notary Public: My Commission Expires: PART~.. ERB}tIP (consisting ofcgLporate l~armers) ACKNOWLEDGEMI~NT STATE OF ) ) SS: COUNTY OF ) I CERTIFY that on ~, 200__, personally came before me and this/these pemon(s) acknowledged under oath to my satisfaction, that: (a) this/these person(s) signed, sealed and delivered the attached documem as [title] of .. [name of corporation] a corporation of .... which is a general partner of the partnership named in. this the State of document; Co) (c) the proper corporate seal of said corporate general partner was affixed; and this documm~t was signed and delivered by the eorponition as its voluntary act and deed as [al general pm-mcr(s) on behalf of said partnership [by virtue of authority fi.om its Board of Directors]. Notary Public: My Commission Expires CORpORATE ACKNOWLEDGEMENT STATE OF COU2qTY OF I CER~ that ) ) ,) on ,-..% o ~ ~-, s~. ~,~, , 200_.~, [name of representative] personally came before me and acknowledged under oath that he or she: (a) is tt~ · ~.,,~,~.,.,,,~. [title] of ~..~, t.3,.~,.o ~,~. ~,~,..,-x [name of corporation], thc corporation named in th~ attached instrument, (b) was authorized to execute this in.strmnent on behalf of the corporation and (c) executed the instnnnent as the act o~~_.._....~ Notary Public My Commission Expires: L~}'q~'iMZD IO~N ~OYD 51:h l~ot~ public State vi Ne~ York CommiSSio~ Expires April 30, 21~nv EXHIBIT I-A See attached exhibits comprised of three pages, last revision date, April 12, 2006, prepared by Infinlgy Engfneertng. Notesl 1. This Exhibit may be replaced by a land survey ~l/or ¢ot~tru~'tion cka~i~gs of th~ Premis~ once it is received by Tc~a~L 2. Any s~tback of the premises f~0m rd~ Prop~ty's ~ shail b~ lt~ dista~x~ requital by gte applicasble governmental authorities. 3. Widl~ of access road sl~ll be the width n:quixrd by ~ applicable' govmmmental authorities, hn.~luding police The type, number a~d mo~/zring posigons a~d locatlens of aute-n~ ar~l ~i~ lines ~ ill'ye o~y. Acma! B~pes, numbers and mouaung positions may ~'y from what is shown above. 2005 Am~m~m~ For~ ~ ~ O~RALL SI~ P~N GRAPHIC SCALE~' .~ ~ ~ ~ASE EXHIBIT P~N GRAPHIC SCALE ~*~'"~t SITE LAYOUT 10' 0 10' ~ · infinigy ~ ~ ~ .... ~ ......... SOU~ ~AGPO VA~ON~ ~ ~e..- i ~i n igy ~.~ ~ ~ ~ASE EXHIBIT P~N C.~ll Sim N~m~: W~'O~ Point OPTION ~ LEASE AGREEM-I~T 'ri-IlS OPTION AND LEAgE AGREEMEN~r ("Agreement"), dated as of the latt~ of~o ai~e ~es below (the "Eff~fiw' Date'S, is ~t~ imo by East M~on F~ Dis~, a N~ York ~eip~ ~g a ~ a~s of PO Box 13t, ~t Ma~on, ~ II~9 (h~er rcf~ t~ ~ "~ndlord") ~d ~ C~O~ ~LESS ~8, LLC, ~v~g a ~il~g ad.ss of 61~ Afl~ Bo~e~ No--ss. G~rgia 30071~e~ ref~ ~ as BACKGROL~D' Landlord own~ or controls that certain plot, parcel or tract of land, tog~ex with all rights and privileges arising in conuecfion thoxewith, located at Main Road, East Marion, in the County of Suffoll~ State of New York (collectively, the "Property"), District 1000, Section 31, Block 3, and Lot 11.031. Tenant de. ires to use a portion of the Property in connection with its fedecally licensed communications business, Laudlord de.~res to 'grant to Tenant the right to use a portion of the Property in accordance with ~ Agreemen~ The parties agree as follows: 1. OPTION TO LEASE. (a) Landlord grants to Tenan, an option (the "Option") to lease a entrain portion of the Property containing approxim~ely 350 squaro fe~ including th~ air ~pacc ~,bovc ~uch room/cabinet/ground sp~co as descn'b~ on attached Exhibit 1,'tog~,he~ with unrestrioted access for Tenant's ~es from tho nearest public right- of-way along the Prol~rty to the Pr~-niSes as desoribed on the attached Exhibit 1 (cotlentivcly, the "Prem~e~'). (b) During the Option lin'led and any extension th~r~of~ and during th~ tenn of this ~, Tenant and its agents, engin~m~, surveyors ~d other r~pr~sentatlv~ will have tho right to enter upon the Prop~ty to inspect, exanine, oonduot soil borln~ draln ~a,~ tinting, rnatexial ss~m.nling, radio fi:~quenoy t~ating and other g*ological or eagineerlng ~ts or atudi~s of th~ PrOlX~ (oollectively, tho "Teses'9, to apply for and ob~ai~ licenses, pcrmiti, approvals, or oth~r relief r~quir~xl of or ck~mod necessary or appropriate at Teamm's sol~ disor~tinn £or its use of the Premises and inolude, without llmlu~tion, applications for zoning variants, zoning ordinances, amendments, special use permits, and eonstruotinn imrmits (coll~'..tively, the "Government Approvals'9, initiate the ordea-ing and/or ~heduling of n~-ssary utilltie~, and other~rise to do those things on or off ~ Property that, in th~ opinion of Tenant, are neco~ry in Te~'s sole,disoretioa to d~termine thephysical condition of the Propmy, tho environmental history of the Prepay, Landlord's title to the Prol~xty and tbe fcasl"aility or suitability of the Property for Tenant's Pem'dtted Us~, all at Tenant's expense. T~nant will not be liable to Landlord or any third: party on account of any pr~-existhlg defect or condition olt or with ~ to th~ P'rolx~rty, wh~i'lel' or not such defect or condition is disalosecl by Tv~o, ant's impectio~ T~mnt will restOr~ the Property to its oonctltion as it existed at the' ¢omm~aqe, m~at of the Option Term (as detined below), reasonable wear and tear and casualty not cau.~exi by Tenant excep~ed, hl addition, T~nmt shall indmmify, defend and hold Landlord-harmleas fi:om and against any and all injary, loss~ damage or claims arising dire~tty out of 2~enant's Tests,, In ooraideration ~,¢ ~ o.,~^.a ...~..,.,g Tenant ~he Option, Tenant agrees to pay Landlord te sum of - ' ,~..vithin thirty (30)' busia~ss days of the Efti~tive Date, TM Opuon will be for an lmuai r~m ~t o,,. t,~ ~,,.,~ commenoing tm the Effective Date (the "Initial Option Term") and may be renewed by Tenant for an additional on~ (1) year upon written notification to Landlord and the payment of au additinnat "' later than ten (10) days prior to the expiration date of the Initial Option T~a~. (il) Th~ Option may be sold, ss~gned or transferred at any amc b$' T~nant ~o Tenant's parem company or m~mb~ if Tenant is a limitdl liability company or any affiliate or subsidiary of, or pa..tner in, Terant or :,t~ parcat c, omt~ny or member, or to any third party agreeing to lm subject to the terms hereof. Otherwise, the optioa may eot be so!d, assigned or transferred without.tl~ written commt of Landlord, such cement not to be unrea~oxmbly withheld, coMitioned or delayed. From and after the date the Option. has b~a sold, assign~ or u'avaferr~ by Teaant to a third party agreeing to be subject to the terms herecf~ Tenant shall immediately be release, el from any and alt liability under this Agreement, including thc payment of any rental or other .~r~ due, without any further action. (e) During the Initial Option Terra md. any extevaien there, of, Teamnt may ~.'xoroise the Option by notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to the Tenant subject to the ia'ms and conditions of this Agreameni. If Tenant does not =xemise th~ Option during the/nitial Option Term or any cxt~sion ther,of, this ~ent will taminate and the parties' will have no further liability to each other. (f) If during t. he Initial Option Term or any extension thereof, or during the term of this Aq~re. ement ff tho Option is cxeroised, Landlord decides to subdivide, sell, or ohange the status of the zoning of the Pr~nisea, Property or any of Landlord's co~guous, adjoini~ or g'o. xToondillg prope,!ly which includes (withou~ limitation) tho remulnder of th~ structare) or in the ev~t of foreclosure, I. amdlord shall ~.mmediately notify Tenant in writing. Any sale of the Property shall be subject to Te~nt's rights under this Air.merit. Landlord agre~ that during th~ Initial Optinn Term or any exteasion thereof, or fur/rig the Term of this Agteerno~nt if the Option is ~xercised, Landlord shall not initiate or consent to any cimnge in the zoning of the Premises, Property or S'urro,~x.~ing Property or impose or consent to any other restriction that would preveat or limit Te~ant fi.om ming the Prexnisos for the uses intended by Tenant as her~/l~at~er set forth in this Alg~nent. 2. PERMITTED USE. (a) Tenant may use the Pr~mises For the tnmsmieaion the ~t~afio~ ~ ~ ~d related ~p~ ~1~ a~ofi~ ~d ~m~ w~ ~y hcl~ a s~bl~ ~ppo~ s~c~r~ a~oc~t~ ~t~, I to thc ~c~s~ ~ s~ ~ of ~e ~s~ (~wly, ~c 'Commu~flon F~cli~'), ~ we~ ~ the right to tc~, s~ey ~ ~ ~fle ~ the Pm~; T~t ~ ~ ~ d~ but not ~ oblation to add, modi~ ~or rep~ce ~ip~t to Te~ or ~d (~ly, ~u~tion F~ ~t ~y ~ ~c~ly d~d~ ~ E~ibit I w~l n~ ~ d~ed to l~t T~t's P~ Uso, Landlo~'s ex~ti~ of tMs A~g ~I1 ~stall and o~rate ~ssion ~1~ ~he ~in fe~ to ~uipmeat shelt~ or ~bi~, ~d~ ~ Pmp~ ~pmv~, ~io~, ~d~ or ad. flora a~ropriale for Te~'s ~e ("Tensat ~s~ av~ ~ke appli~ble g~ hws, ml~, s~ ~ ~latiom, rela~ ~ i~ ~ of ~c ~ca~en F~fli~ on t~s ~m~t: T~ will M altow~ to ~ s~ alt~ ~ ~ ~ ~ ord~ to a~l~h T~'s ~nges ~ m im~ ~t T~t's C~m~ F~iW ~ges wi~ ffi app~ble fedS, ~te ~ loc~ laws, ~cs or m~afiova, ~ ~e ~ T~ d~s ~ ~ or u~e ~ Colorlon Facfli~, ~d T~ ~u~ an M~tio~ ~ion of ~ ~o~y (~ "~Ri~l ~i~") for s~h ~dlfic~on or upgrade, Laudiord agrees to lease to' Ten.at the Additional Pren~es, upon the same terms ~ntl conditions set forth 'herein, ~xc~ that' th~ R~t shall/ncrtmse~ in conjunct/on with the l~s~ of the Additional Prem/ses by reasonable amount consistent with tentaI rates then charged for comparable port/om of r~ai'prope, ny being in the same area. Landlord agrees to take such actions and enter into and clelivor to Tcramt such documents as reasonablY rexluests in oral= to effect and memorialize' the.l~se of the Additional Premises to Tenant (b) Prior to tho initial instal/alien of Tenant's Changes, Tenant will supply the Landlord with plans and specificatiom ("PIaris'') to be reviaved and approved by the Landlord prior to commencenmnt of Tenant's Changes, LandIord's approval will not be unreasonably withheld, conditioned or delayed (and in no event d~layed ~yond ten (I0) days). After Landlord's (i) failure to respond in writing to Tenant's proposed Plans within ten (10) days of their receipt; or (ii) failur~ to provide a written response within fiw (5) days of receipt of Plans re'vised by Tenant after comment from Landlord in accordance with this paragraph, the Plans will be deemed approved. After approval or deemed approval, the Plans will be' considered incorporated in this Agreement as F;~hibit 1. If the Landlord disapproves the Plans then the Tenant will .provide the Landlord with revised Plans, such revisions to be within Tenant's reasonable discr~ion, In thc event Landlord d/sapproves of the l~lans upon a second (2nd)' submission, Tenant may terminate this Agreanent. Landlord will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this and will return the Plans to Tenant promptly upon request, (c) Tenant shall instai1 wiring and related cabling for Landlord's single-phase gen~rator for the use by Landlord and Tenant; cost of installation shall not exceed' (d) I~r~O!ord shall provide and /nstall th~ items listed /n Exhibit 2 at the above mentioned Communication Facility located at District i000, Section 31, Block 3, and Lot 11.031. Landlord has thc right to modify, suppl~n~nt, mphc~ or upgade the equipment listed within Exhibit 2, so long as Landlord's modification do not interfere in any way with Tenant's radio frequency signal, installation as identified in Exhibit 1, and remain with/n the space indicated on Exhibit 2. If Landlord changes requ/re a structural upgrade, mod/fication to foUndation or tower, changes will be at Landlord's sole cost and expense. 3. TERM. (a) Th~ init/al' lease term w/ll b~ five (f) yearn ("Initial. Term'~), ~onunencing on ~ effective date of written notification by Tenant to La dlor of Ten.,,t's of Option (the "Term Cotniue~nt Dat~'). The Initial Twin will W. tminate on the fifth (St~ annual atmiversary of tho Term Co~ent Date. Co) Tl~is Agreeme~at will automatically renew for fear (4) additional five (§) y~ar term(s) (6a~h five (5) y~ar te~tn shall be defined as the "~ttension Term"), upon th~ same terms and conditions unl~s th~ Tenant notifies the Landlord in writing of Ter~nt's intention not to renew tkis Agreement at least skty (60) days prior lo the expiration of the existing Term. (c) If, at least sixty (60) days prior to tl~ end of the fourth (4~) extended t~rm, tither Lan~_lord or Tenant has not 1/iven the other writ'ten notice of its d~sire that the term of ibis Agreement end at the expiration of thc fourth (4~h) .cxt6nded tern~ then upon the expiration of tlm fourth (4a) .extended term this Ageement shall continue in force upon the santo covenants, terms and conditions/or a further term-of one (1) year, and for annual terms thcrca, fler ,.mill laminated by ~ither 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 terra. Monthly reniai daring such annual t~rms shall be ~ual to tl~ rent paid for the last month of the fourth (4~) ext~8_,~l tern~ If Tenant remains in possession of the Prern/ses a~er th~ t~tmination of this Agreement then T~nant wilt be deemed to be occupying the Premises on a month to month basis (th~ ".Holdover Term"), subject to tim terms and conditions of this A~reement. (d) The Init/al T~na, the Extension Term and the Ho[dover T~-m.are collectively mien:ed to as the T erin ("Term '), 4. RENT. 3 , ~cfion (~e "Rent Commencement Da~'), T~t will pay ~ ~o~ a y~y ~ pa~t of -- ~ ~ prorate. ~1o~ ~Eord wi~n t~y (30) ~ys a~ ~e R~ ~~t D~. ~) h ~ ~o (2) of ~e ~d~ T~ ~d ca& y~ ~cr, ~lu~g t~u~out ~y Ext~ion T*~ =x=~is~, t~ y~ly ret ~tl ~as= by over'E= R~t p~d d=~g Ec pr~ous y~. (c) ~ ~ or o~g c~es pay~l~ m~r this A~ s~l ~ bill~ by ~E ~n o~ (1) year ~om thc end of sh~!~ ~t ~ bfll~ by ~or~ ~ shah not be pa~bl, by T~ant. ~e pm~si~ of ~e ~m~g sem~ s~ll s~ve ~e te~jna6on ~ o~i~fion of~s ~r 5, APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises/s cont/ng~nt upon thc suitability of the Promises for Tenant's Pcrmiited Us~ and Tenant's ability to obtain and ma/ntain all Gavin-uncut Approvals. Landlord authorizes Tenant to prepare, execute and file all requ/rcd applications to obtain Government Approvals for T~mt's Permitted Use under this Agreement and agre~ to r~sonably assist T~'~ant with such. applications. and with obtaining and maintaining the Government Approvals, Co) Tenant has tim r/gEt to obtain a t/fie report or cor~tment for a leasehold t/tlc policy from a t/fie insurance company of its choice and to have the Property survey~xt by a surwyor of Tenant's choice. In the event Tenant determines, ha its sole discretion, due to the rifle report results or survey results, that the condition of the Promises is unsatisfactory, Tenant wilt have the fight totcrm/nate this Agr~eanent upon. notice to lantitord. (c) Tenant may atso perform and obtai,~ at Tenant's sole cost and expeme, soil borins~, percolation tests, ~n//~necring procedures, env/ronmental investigation or other tests or reports on, over, and under the Property, necessary to det~mine if the Tenant's use of the Premises will be compatible with Tenant's engineering specifications, sysmm, design, operations or Government Approvals. 6, ..T .ERMINATION, This Agreement may be t~mirrat~d, without penalty or further liakility, as follows: (a) by oithe~ party on th/~y (30) daya prior written notice, it the other party remains in default under Paragraph 15 Default and Right to Ou~ of thi~ Agreement ~ the applicable cure periods; Co) by Tenant upon written not/ce tO Landlord, if Tena~ is unable to obtain, or maln~in~ any requirexi approval(s) or the issuance of a licgnsc or permit by any agency, board, court or other governmental authority necessary for th~ construction or operation of the Communication Facility as now or hereat~er intended by Tmmnt; or if Tea~nt detennine, s in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; (c) by T~nt upon written notice to Landlord for any reason, at any ~ prior to commencement of construction by Tenant; or (d) by Tenant upon sixty (60) days prior written ,notice to Landlord for any reason, so long as Tenant · pays LandlOrd a te~'~-,-,i.~tion fee equal to three (3) months Rent, at the then current rate, provided, however, that no such terrai~adon fee will be payable on account oftlm termir/ation of this Asrecment by Tenant under ~ny one or more of Paragraphs 5('o) Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 8 Interference, I l(d) Environmental, t8 Sevembflity, 19 Condemnation or 20 Casualty of~ Agreement. (a) Tenant will carry during the Tea'nh at its ovm cost and expcme, the following imunmcc: (i) "All Risk, property insuran~ for its property's r~phccm~ cost; (ii) comme~al g~n~n-al liability im'uranc~ with a minimvan limit of I/ability of $5,000,000 combined single limit for bodity injury or death/property damage arising out of ~ay one occurrence; and (iii) Workers' Comp~sation Insurance as rcquir~ by law. Tim coverage 4 afforded by Tenant's coa~erclal genial liability insurance shall apply to Laudlord' ~ ~.n addlt~oaul imurc4~ but only <th reepe~ to Landlord's Liability ar/s/ag out oCRs interest La t~e prOp~y. (b) Tenant shall have the r/ght to self-insure with respect m any oithe above/n~uranao re. quirem~t$~ (a) Wh~re there am existing radio fi~lueacy user(s~ on tl~ Property. ~he Landlord w~ pm~de T~nt' wi~ a l~t of a~ ~Mg r~dio ~um~ ~s) o~ ~e Prop~ to allow T~t to ~t~ ~ for ~erm~e. T~am w~nU ~t' ~s ~ of ~ Pr~ wi~ not Mt~ ~th e~s~ mdlo ~s) on ~e Pm~ so ~sclos~ by L~ord, ~ l~g ~ tho e~s~ ra~o ~y ~s) op~tc ~d cont~ue to opiate ~ the~ ~p~ve ~u~eies ~ in ac~ce wi~ all applicable laws ~d re~afiom. (b) ~dto~ will not ~ aff~ ~ ~at~ of ~ A~t, a l~g, ~ or ~y 0~ fi~t to any ~d pa~ for &~ uso of ~* P~y, if suoh ~ ~y ~ ~y way adv~y ~t or int~fgo wi~. ~uipm~ on t~ (c) ~ ~tl not us~, nor ~1 ~0rd ~t i~ ~ioy~, t~nts, ~c~, ~t~ or agents to u~, ~y potion of ~g'~ in ~y way w~h int~ wi~ the ~6on Fakir, wi~ ~-fo~ (24) ho~s affg r~pt of no6~ of ~ ~m T~t. ~ ~ ~v~t ~y intgf~ d~ not e~ wt~n ~ ~or~tion~ c~ p~ ~ ~ ~ ao~owl~ t~ T~n~ suff~ ~bl~ ~j~, and ~ereto~ t~t ~11 ~w ~e ~, ~ ~d~oa m ~y ot~ ~ t~t ii ~y at law or ~ ~W, for ~nd~o~'~ br~h of ~s ~ ~ ~1~ to ~jo~ s~ ~t~e or ~o ~s A~oc~nt up~no~c~ to ~o~. (d) ~ in~afio~ ~Mt~n~ ~d op~ of ~e Co~on F~iIi~ w~l not wi~ ~ L~ord's ¢~g ~m~ ~M~t or opm~om wi~ ~ ~. ~ ~c ~ T~t's im~latiom Mt¢ff~ wi~ thc L~oM's ~t or op~iom, T~t ~11 i~Mt~ly ~ im~er~ aA~ not~o ~f ~ it is able to r~lv~ ~ pmM~ If t~ int~ ~t ~ ~ pray ~11 be ~titl~ to t~mt~ ~s ~t ~ r~ it null <d void. INDEMNIFICATION. (a) Tanam ugx~os to indemnify, defend and hold Landlord harmless from and ag~;,~t any and all injury, loss~ damage or liability (or any claims in respect of the foregoing,), costs or expenses (/ncluding reasonable attorneys' fees and-court corn but excluding real property or l~rsonal property taxes) arising directly from the installation, use, maintenance, repair or removal of the Commanication' Facility or Tenant's breach of any provision of this Agreement, except.to the extent attr{butabIe to the negligent or intentional act or omission of Landlord, its employees, ag~-,nts or independent contractors. (b) Lar~dlord agrees to indemnify, defend and hold Temmt harmless from and agaMst any and all [njory, toss, damag~ or Liability (or any. c 'tairns in respect of the foregoing), costs or expenses (including reasonable attorneys' fe~es and' court costs but e~xcluding real property or pc~sorml property taxes) arising directly from the action~ or failure to act of Landlord or its ~mployccs or agents, or Landlord's breach of any provision of this Agreement. except to' the extent attributable to tho negligent or Mtcntional act or omission of Tenant, its employc~s; ag~ts or independent ¢0ntn~ctors. (c) Notwiths~ndMg anydfing to the conR'ary in this A~eement, Tenant and Landlord each waives any clai~ns that each may have agair~ the other with respect to consequ~al, incidental or spec'iai damages. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organist, M, validly odsting and in good standing and has the right, power and antho~ty to enter/ute rh/s Agre~ne~ and bind itself through the patty s~t forth as signatory for the party below. $ (b) Landlord represents and warrants that: (i) Landlord solely owns thc Property as a lcgat lot in fee simple, or control~ thc Propcnty by l~sa or ticcm¢; (ii) the Prop~ty is not eamumberod by any li~a, restrictions, mortgages, covenants, condi~ons, ~ts, leases, or any other agree~n~nts of record or not of record, wMch would adversely affect Tenant's Permitted Usc and enjoyment of the Premises under this ,~re, ement; (iii) as long as Tenma is not in default then Landlord grants to' Tenant sole, actual, quiet and peaceful use, enjoymeat 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 the Landlord; and (v) if the Property is or becomes encumbered by a deed to s~cure a debt, mortgage or other security interest, Landlord shall provide promptly to Tenant a mutUally agreeable Subordination, Non-Disturbance and Attommem Agreement. 1 I. EN!~IRONME~NTAL. (a) Iandlord represents and warrants that the Property is fre~ ofhazerdous substances as of the date of this Agreement, and, to/he best of Landlord's knowledge, the Property has never be~a subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlont and. Tenant agree that each will be responsible' for oompIiance with any and all environmental and industrial hygiene laws, inchiding any r~ulatiom, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or staid_stria.of conduct with regard to any environmental or industrial-hygiene condition or other matters as may now or at any time hereaiter be in effect, that are now or were reIated to that party's activity conducted in or on the Property. (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 expease 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 which is related to (i) the indemnifying party's failure to comply with any environmental or industrial kytliene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise oat of or are in any way related to the COndition of the Property and activities conducted by the party thereon, unless the environmental conditions are caused by the other party. (c) The inderm'fificatiom of this Para.graph 1 ~ Environmental specifically include reasonable costs, expeasee and fees incurred in connect/ion with any investigation of Property conditions or any clean-up, remediati0n, removal or w, stnration work required by any governmental authority. The provisions of this P~ragraph I-1 Environmental will survive the expiration or te~-~-,;nation af this Agre~nnent. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental or industrial hygiene condition- or matter relating to the Property that, in Tenant's sole deleamination, readers the condition of the Premises or Propea'ty unsuitable for Tenant's use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant tn undue ri.~k~ of government action, intervention or third-party liability, Tenant will'have tho right, in addition to any other rights it may have at law or in equity, to terminate the Agreement upon notice to Landlord. 12. ACCE$S~' At ali times throughout the Tarm of this Agr~meng and at no additional oharge to Tgnant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedes~an and vehicular- acaess to and over the Prot~Y, from an open and improved public road to the Prerr~ea, for the installation, maintenan~ and operation of the Coi~amication Facility and any utilities serving the Promises, Land{ord grants to T~ra~nt an easement for such access and Landlord agrees to prov/~ to Tanant such codes, keys and other instruments nc~sary for such access at no additional' cost to Tenant. Upon Te~aant's r~uest, Landlord will ex, cute a separat~ r~co ~rd~_ble e~ement evidencing this right, In tho ~vent any public utih~y is unable to us~ tl~ access or ~as~nnent provided to T~nant than the Landlord agrees to g~nt additional access or an cas~aettt ~ith~t to Tenant or to the public utility, for the b~nefit of Tenam, at no cost. to Ten.qt. 6 13. REMOVAL/RESTORATION. All portions of the Commu,-./cat/on Facility brou~t onto thc ?ropcrty by Tenant will be and remain Tenant's personal prop~xty and, at Tenam's option, may be remov~ by Twaan~ at any tlm~ clua~ the Term. ex, Iud/rig the towex, Landlo~tI co~enauts and agr~s that no part o~ the Comr~u~/ciition t?ac/iit¥ const~'ueted: execteA or pta6ed, on the Premises by Tenant will become, or be comidered as being affixed to or ii pan' o~ tim Property, it being the spodfic intention of the Landlord that alt improvemems of every kind and nature constnmted, erected or placed by Tenant on the Premises will be and remain thc property of the Tenant and may be re. moved by Tenant at any time duxing the Tot .~l, Within one hu'adrexi twenty (t 20)days of the termination of~ A~greement, Tenant will remove all of Tona. n_t's above-ground improvements and Tenant' will, to the extent reasonable, restore the Premisea to its condition at the commencement of the Agreernaat, reasonable wear and tear and loss by casualty or other oausea beyond Tenant's control excepted. Notwithstanding the foregoing,. Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove t, om the Premises or the Prol~nly any foundations or underground utililies. Upon the termination or expiration of this Agreement, whichever -~!1 be the sooner, Tenant shall remove its ~luipmant from the tower and the parties agree that the tower will automatically become the property of Landlord. Landlord will not b~ rix!aired to give any additional consideration to Tenant for the trans£v: of owne~hip. Furth~ore, the paniea agree'that no further instrument shall be required to trans£er own~rl~aip of the tower to Landlord. All further obligations and responsibilities for r~intaining the tower will ~ransf~r to Landlord. (a) Tenant wKl k~p and maintain the Premises in good condition, reasonable wear and tear and d.~mage from the elemznt.~ excepted. Landlord will maintain and repair th~ Propea'ty and access thereto, in. good and tenantable condition, subject to reasonable w~x and tear and damage from the elem~mts. (b) · Tenant will b~ responsible for paying on a monthly or quarterly basis all utilities charg~ for electricity, telephone service or any other utility used or comumod by Tenant on tho Premises, tn the event Tenant cannot secure its own metered electrical supply, Temnt will have the right, at its own cost and expense, to submeter from the Landlord. When submetering is necessary and ava/lable, Landlord will read th~ meter on a monthly or quarterly basis and provide Tenant with the necessary usage d~,~/n a timely manner to enable Tenant to compute such util/ty charges. Failure by Landlbrd to perform this function will limit utility fcc recov~y by Landlord to a 12-month per/od. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Pwperty in order for the utility company to prov/de service to the Tenant. Landlord will not be responsible for interference w/th, interruption of or fa/lure, beyond the reasobable control of Landlord, of such servic~ to b= fumish~ or supplied by Landlord. 15. DEFAULT ~ ,RIGHT TO CURE. (a) The following w/il b~ deemed a default by Tenant and a breach of tiffs Agreement: (i) non- payment of Rent if such Rent rer?__~ins unpaid for more than ti~iny (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 aP-mr receipt of written notice from Landlord specifying th~ failure. No such failure, however, will be deemed to exist ff Team~ has commenced to cure such default within such period and pro~'ided that such efforts are prosecuted to completion with reasonable.diIigenc4~. Delay in outing a default wiil be exoused ii' due ~o csuses beyond ~o reasonabl~ control of Tenant, If Tenant remains in default beyond any applicable cure period, Landlord will have the right ~o ex~rcise 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 Agreem~t: Landlord's £aiiure to perform any terra~ condition or breach of any warranty or covenant under this Agreem~ra within forty- five (45) days after'receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to ~.i~l if Landlord has commenced to cure the default within sue& period and provided such efforts prosecuted to completion with reasonabl~ diligence. Detay in curing a default will be excused if du~ to causes bcyoad th~ reasonab{e control of Landlord. If Landlord r~.~sin~ in default beyond any applicable cure period; 7 Tenant will have the right to exercise any and all rights available to it under law and eq~ty, including thc right to 'cure L~ndlord's default and to deduct the costs of such cure from any monies due to Landlord fi'om Tenant, I6. A...~SJ[GNMENT/$UBLEA~E. Tenant w~I A~ wi~ ~e ~wval ~ ~t of ~o~ W T~t's p~ent or mem~r company or ~y ~liatc or subsi&a~ o~ or p~ i~ T~t or its parent or m~ ~ny or to any ~ty w~ch ~r~ dl or substanti~ty ~I of ~c T~t's ~s~ wMch ~e P~ is to~t~ by ~on of a m~, ~sifio~ or oth~ ~in~s r~rgmtiom U~n notification to L~dlord of such ~si~t. ~f~ or liabilities ~d obligations ~d~ ~is A~t. T~t s~l ~ve ~ fi~t m s~l~o ~e Pr~s~, in w~l~ or in pan, M~ L~o~'s ~e~ w~ch will not be u~sonably wi~l~ condRion~ or &lay~: T~t n~y not o~e~ise ~i~ ~s ~e~ent M~out ~o~'s ~m~ ~dl~d's ~n~ not to be ~nably wi~el~ c~di~on~ or detay~. 17. NOTICES. All notices, requests, demands and communications hereunder will be given by fa-st class certified or registered mail, rchlrn receipt requested, or by a nationally recognized, overnight courier, postage prop&id, to be effective when properly sent and received,. ~fuaed or returned tmdelivered. Notices will be addressed to the parties as follows: If to Tenant: c/o Cingat~ Wireless LLC Attn: Network Real Estate Administration Re: CelI Site gNYCENY1017; Cell Site Name: West Orient Point 6100 Atlantic Boul~ard Norcross, GA 30071 With a copy to: Cingttlar Wireless LLC Atta: Legal Department R~: Cell Site i~IYC~qY1017; Cell Site Name: West Orient Point t5 E Midland Avenue Paramus; NS 07652 If to Landlord: East Marion Fire District PO Box 131 East Marion, NY 11939 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other es provided herein. ' 18~ S. E~,rERA~ILITY, tf any term or condition of this Agreement is found unenforceable, thc terms and .conditions wiI1 remain binding upon ~e parties as thougt~ said unenforceable provision were not contained h~re~n. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement way be terrni-~ted by either party on ten (I0) b~iness days prior written notice to the other party hereto. 19. CONDEMNATION. In the event Landlord receives v. otification of any conde~-aiatioa proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within for~y-eight (48) hours. If a condemning authority takes aH of the Property, or a pon'ion sufficient, in Tenant's sole det~aination~ to rende~ the Pren~ises un~llitable for Tenant~ this Agreement will terra.ate as of the date tho title vests in the conde~nlng autlmrity. The parties will each be entitled to pursue the/r own separate awards in the condemnation proceeds, wb/ch for Tenant will inelude, where applicable, the value of its Commaaicafion F[cil~ty, mo¥ing expenses, prepaid Rent. and business distoc~on expenses, provided th. at any award to Tenant will not diminish Landlord's recovery. Tenant will Be entitled to. re~'mhursement for any prepaid Rent on a prorata basis, 20. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within ibrty-eight (48) hours of the casualty. If any part of the Communication Facil~.ty or Property is damaged by fire or other casualty so as to ret~der the Premises unsuitable, in Teamnt's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which tom, nation wilt be effective as of t~e date of such damage or de. traction. Upon such termirmtion, Tenant will be entitled to collect all insurance proceed~t payable to Tenant on account thereof and to be reimbursed for any prepaid Rem on a prorata basis, If notice of termination is given, or if Landlord or Tenant undertake to rebuild the Communicationz Facility, Landlord aggress to u~0 its reasonable efforts to permit Tenant to place temporary tra~mission and reception facilJti~ on the Property at no addihonal Rent until such time as Tenant is able to secure a replacement transmission location or*&e reeonswaetion oftbe Communication Facility is completed. 21. WAIVER OF LAdNDLORD~S LIENS. Laedlord waives any and all lice rights it may have, statutory or othcrwisc, concellliug th~ Comlilullicafion Facility or ally poltion thereof. Th~ Comrram~cation Facility shall be deemed personal property ~or purposc~ of figs Agreemenl, regardless of whethtr any portion is deemed r~ad or personal property under applicable law, and Landlord eomentz to Temnt'~ right to remove all or any portion of the Cona~m~eafion Facility from time to time in Tenant's sole ddseretion and without Landlord's consent. 22. TAXES, Landlord eha!l be responsible for payment of all ad valorem taxes levied upon the l~nats, Lmproveraents and other property of Landlord. Tenant shall be respomible for all taxes levied upon Tenant's leasehold/mprovements (including Tenant's equipment building and tower) on the Leasext ?mperty. Landlord shall provide Tenant with copies of all assessment notices on or including the Ix~sed Property immediately upon receipt, but in no event less than ~eveax (7) business days after receipt by Landlord. If Landlord Sails to provldo such notice within such time frame, Landlord shall be responsible for all increases in- taxes for the year covered by th~ assessment. Tenant shall have tho right to contest, in good faith, tho validity or the amount of any tax or assessment levied against the Lmsed Property by such appellate or other proceedings as may be apla'opriare in. the jurisdiction, and may defer payment of such obligations, pay same under prote~t, or take such other steps as Tenant may deem appropriate. This right shall include tbe ability to institute any legal, regulatory or informal action in the name of Landlord~ Tenant, or both~ with respect to the valuation of the Leased Property. Landlord ~.all cooperate in the institution and prmeeution of any such proceedings and will execute any doeume~ats required therefore. The expense of any such procoeding~ shall be borne by Tenant and any refunds or rebate~ secured as a result of Tenant's action shall belong to Tenant. 23. SALE QF PROp I~RTY. If Landlord, a~ any time during the Term of ~s Agreement,. decides to sell, subdivide or r~n¢ any of ~ Premise~ all or any part of the Property or Surro~mdillg Property, to a pumhaser o:her than Tenant, Landlord shall promptly notify Tenant in writing, and such sale, subdlvis/on or rezoning shall be subject to this Agreement and Te~ant'.s tights hereunder. Iamdlord agrees not to sell, lease or use any areas of the Proper~y or Surrounding Property for the installation, operation or m~intenunee of other wh'eless communications facilities if such instafllaticn, operation or maintenar~ee would interfere with Teaent's Permitted Use or eommurdeafion~ equipment as detexlxfined by radio propagation tests pertbnned by Tenant in its sole discretion, any such testing to be al the expense of Landlord or Landlord's prospective purchaser, and nog Tenant, ff the radio frequeficy propagation tests demonstrate levels of interference unacceptable to Tenant, Lmadtord shall be prohibited from selling, leasing or u~ing any areas of the Property or the Surrounding Property for purposes of any installation, operation or maimme of a~y other wireless communications faeility or equipmem. Landlord shall nol be prohibited from the selling leasing or use of any of the Pmpen'y or the Surrounding Property for non- wire, ass oonmmEca~oa use: In: the event th~ Property is transferr~ the new landlord s/mil have a duty at thc t~rae of suc~ transfer to provide Teaant with a completed/RS Form %:9, or its equ/valant, and other r~latcd paper work to effect a transfer in Rest to the new land/ord. The provisions of th/s Paragtap/~ 23 shall ha no way tim2t or impair t~ obliga~ons of Landlord under Paragraph 8 chow. 24. MI$CE..LL,MNEOUS. (a) Amendmeut./V~aiver. This: Agr~m. ent cannot bc amended, modified or revised unless done in writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision may bo waived except in a' writing signed by both parties. (b) blemor~ndum/Short Form Lease, Either party will, at any time upon [i~tce~ (15) business days prior written notiec fi.om the other, execute, aoknow!~Igc end deliver to the ot~hor a recordablc Memorandum or Sho~i Form of Le~c. Either party may record this Mcmoranclum or Short Form of Lease at any time, m its absolute discretion. (c) Bind and Benefit. The terma and condltiona contalnnd in this Agreement will mn with thc ProperW and bind and inure to' thc benefit of thc partic~, their v~spectivc heirs, cxecutors, admirgstrators, successors and assiglls. (d) Entire Agreemea:t. This Agreement and the odfibits attached hereto, all being a par~ hea~of, constivate the entire agreement of tho parties hureto arid will supersede all prior offers, negotiations and agreements with re,peet to the subject matter ofthi~ Affect. (e) Governing Law. This Agreement will bo governed by the laws of the state in which th~ Prem!ses are located, without regard to conflicts of law. (f)- Interpretation. Unless otherwise specified, the following rules of construction and interpr~ation apply:. (i) captions are fox convenience and refexence only and in no way define or limit the construction of th~ terms and conditiom h~cof~ (ii) use of tlm t~:~ "including" will b~ interpreted to mcan "inCluding but not limited to"; (iii) whenever a party's consent is required uadex this Agre~nent, except as o~urwlse stat~ in the Agr~maent or as same may be duplicative, ~ch eOn~a~t will not bo unreasonably with!sold, conditioned or delayed; (iv) e. xifib~ta $xe an integral part of the Agreement and ar~ incorporated by rcferenca into this Agreement; (v) use of the terr~ "termination" or "ex 'lnrstion" are intea'~hangeabl¢; and (vi) reference to a d~faalt will take into consideration any applicable notice, grace and cure periods. (g) Estoppel.. Either party will,, at any time upon twenty (20) business days prior wrltten notice from the other, execute; aeknowlexlg~ and deliver to ttm other a statcarmnt in writing (i) certifying that this Agrecmer~t is unmodified and in ~all f0rc~ and effoe, t (or, ifmodLffed, stating the nature of suc, h modification and c. ertifying this Agreemmt, as ~ modified, is in full force and ~t'ect) and the date to whioh thc Rent and other ohargca are paid in advance, if any, and (ii) acknowledging that ther~ are not, to suoh party's knowledge, any uncured: defaults on the part of the other party h~r~Mer, or specifying such deb~ts if any are clalraed. Any such statement may be conclusively relied upon by any prospective purchaser or e, neumbrancer of the Premises. The requestexi party's failure to d~liver such a stateme~at within such 6me will be conclusively r~lied upon by ~c requesting l~rty that (i) this Agreement is in fall force and e2fect, without modification except a~ may b~ properly represented, by the requesting party, (ii) the. re are no uncured defav2ts in ~ithur party's performance, and (iii) no more than one month's Rent has been paid in advance. (h) No Electronic' Signature/No Option. The submission of this Agreeme~at to any party for examination or consideration does not constitute an off~, reservation of or option for th~ Prer~ses based on the terms set forth I~¢rein. 'II~is Agreemee, t will become effective a~ a binding Agreamaent o~y upon tho handwritlon legal execution, acknowledgment and:delivery hereof by Landlord'end Tenant. (i) Legal Fee~. Tenant agrees to pay Landlord's reasonable legal fees for the rowiew of this Agreeanent and in an amoant not to exceed .... ~ upon reasonable proo£ of the san~. 10 APPEAR ON THE NEXT PAGE] IN ~VITNE.~ WHEREOF, th~ part/es have ce. used this Agrce, m~nt to be oiT~;//v~ ~s of th~ last wri~n bctow, "LANDLORD" Print Fast Marion Firo District A New York municipal corporation By: ~ ' Its: C0qlrn/sSioner Print Name:'. .... Nov,' Cingular Wireless PCS, LLC a Delaware ~j~it~I I/~b/lity Its: ~~~er [ACKNOWLi~,DGMENTS APPEAR ON'ritE NEXT PAGE] 12 .,TENANT ACI~qOWLEDGM~qT )ss: acknowledged under oath (t~t he is the ,.J the- named in the attached irammiant, and as such was authorized to execute this imqramcmt on behalf of the~ . . MY C°hafi~g~e WA~Y· NO?A~Y LANDLORD ACKNOWLEDGMENT MY CO~MIS$10N INDIVIDUAL ACKNOWLEDGMEN~T STATE OF ) COUNTY OF BE IT REMEMBERED, that on this __ day of, ,., 200__ before me, the sub.tiber, a person authorized to tak~ oaths: ia th~ State of , personally appear~ who, bring duly sworn on ha/he.r/their oath, deposed and mado preof to my satisfaction that hc/shc/thcy kv'~c thc pcrson($) mm~ in thc within_ instrument; and I, having fret mad~ known to him/hm-/thcm thc contents thereof, hc/shc/thcy did acknowledge that heYsheYthoy signed, scaled and d~livcrcd the same as hi~or/the~ voluntary act and deed for the purpo~e~ thexcin contained. Notary Public: My Commission Expires: 13 PAR.TNERSHIP (eomisting of ex~rporatioas) AC~0WLEDGM~NT STATE OF ........... COUNTY OF [ CERTIFY that on , 200__, .... personalty came before me and this/these person(s) aoknowledged under oath to my satlsfac, t/.on, that: (a) this/these person(s) signed, sealed and delivered the attached document as [title] of [name of corporation] a corporation of the State of , which i~ a §ener~t'partner of the partnership named in tkiz document; (b) the proper corporate seal of said corporate g~aeral panner was affix*d; and {c) -tl~s document was signed and delivered by the corporation aa its' voluntary act and deed aa [at general permit(s) on bvhatf of said partnership [by virtue of authority from its Board of Direotors], Notaxy Publi,: My Commission Expires: ...... STATE OF COU%rI'Y OF CORPORATE ACKNOWLEDGlvfl~NT representer[v,] personally can~ be/ore me and aclmowt*dgod under oath that he or she: oorporalion], the oorporaxion named in the attached imtmment, (~) [name of . [name of was authorized to execute this imo'ument on behalf, of the eor~/orat/on and executed the in~tnuncnt ~s tim act of the corporation. Notary PubLic: ___ My Commission Expires: 14 DESCRIPTION OF PR~IISES Page I of 4 to the Agreement dated , 200__, by and b~tween East Marion F{re District, a New York municipal corporation, as Landlord, and New' Cingular Wireless PCg, LLC, a Delaware l~ l~abiliW company, as Tcmant, The Pr~mis~ are described and/or dc'pitted as follows: GRAPHIC SCALE 100' 0 100' APPROXIMATE SCAt_F_: 1" = OVERALL SITE PL, AN i n f i n i go:/V i:~,GRAPHtC SCALE 0 10' ~PROXI~IA~ .~L¢~ 1" = I0'-0" $1TELAYOUT ANTENNA FRAME PLAN SOUTH FLAGPOLE ELEVATION '~ ~rr2 East Marion Fire District Tower Specifieatlons and Accessories Page ! of 1 De~ib~i 636, 8.6 fl URF for top mountL, mg 460,00 MHZ Low baud 46.46 MHZ,. R~ 1142 for sid~ mount C~llwav¢ 2t0 UI-IF, 460.00 MHZ for side mount LI~ei~t fop ofpote 40 feet 40 feet ATTACHMENT 4 OWNER'S CONSENT Attached hereto pursuant to Paragraph 16 of the Prime Lease. at&t Date: March 30, 2009 East Marion Fire District 9524 Main Road East Marion, NY 11939 Owner's Consent to Sublease Re: AT&T Mobility Lease/License with East Madon Fire District dated 8/17/2005 Site Name: NYCENY1017 Site FA Number: 10107550 Site Address: 9395 Main Road Site City, State, Zip Code East Marion, NY 11939 S ublessee/Sublicensee T-Mobile AT&T Mobility has received an application to allow another wireless carrier to co-locate within the leased premise and on our cell tower located at the address referenced above. This application shall be in accordance with local zoning laws and regulations. Under our lease with you, AT&T has the right to sublease with your reasonable consent. While subletting the premises, AT&T Mobility will continue to be the lessee~icensee in our agreement with you and will perform all of our obligations under the lease/license. Additionally, the sublessee/sublicensee shall have no more rights allowed to them in excess of our rights with you as outlined in our existing lease/license agreement. Agreed to and accepted this/,5""day of ~ J ~ ~ , 2009. (Phone) Please use the enclosed self-addressed stamped envelope to return this consent. It you have any questions, please contact me at 770-708-6085 or bd5120@att.com. Sincerely, Brittany Dohmen Application Process Manager AT&T Mobility. 12555 Cingular Way, Cube , Alpharetta, GA 30004 ATTACHMENT 5 MEMORANDUM OF LICENSE This Memorandum of Site License Agreement is entered into on this day of ,200__ ("SLA Effective Date") by and between New Cingular Wireless PCS, LLC, with an office at 12555 cingular Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referredto as"LICENSOR") and ?- Mobile Northeast LLC with an office at 12920 SE 38th Street, Bellevue, WA 98006 (hereinafter referred to as "LICENSEE"). LICENSOR and LICENSEE entered into a Site License Agreement ("SLA") on the day of ,200~, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Site License Agreement. The term of the SLA is for five (5) years commencing on ,200 and ending on , with four (4) successive five (5) year options to renew. If all options to renew are exercised, the term of this SLA will expire twenty-five (25) years after the SLA Effective Date (as defined in the SLA). The Land is described in Attachment 1 annexed hereto. The original copy of this SLA is held at the LICENSOR's and LICENSEE's addresses set forth above. IN WITNESS WHEREOF, the parties have executed this Memorandum of Site License Agreement as of the day and year first above written. LICENSOR: New Cingular Wireless PCS, LLC BY: AT&T Mobility Corporation ITS: Manager LICENSEE: T-Mobile Northeast LLC By: EXHIBIT ONL Y-DO NOT SIGN (Signature) By: EXHIBIT ONL Y-DO NOTSIGN (Signature) (Print) Title: Date: (Pr'mt) Title: Date: · STA~'E OF ) COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) STATE OF ) ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of m be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) 'MEM~M, OF'~NSE AT~ENT LEG~i~~..~:IONOF LA.~ Radio Frequency - Electromagnetic Energy (RF-EME) Compliance Report Prepared for: T-Mobile USA C/O Maxton Technology Inc. 50 Eastman Street South Easton, MA 02375 Site # LI13345A East Marion Fire Department 9245 Main Road East Marion, New York 11939 EBI CONSULTING Creating Value for Your Business EBI Project No. 6209199 I September 30, 2009 LI13345A - East Marion Fire Department RF-EME Comoliance Re0ort 9245 Main Road. East Marion. New York 11939 TABLE OF CONTENTS EXECUTIVE SUMMARY ....................................................................................................................................................... 3 I. INTRODUCTION ........................................................................................................................................................ 4 2. SITE/PROJECT DESCRIPTION .................................................................................................................................... 5 3. RESULTS OF RF EME MODELING ............................................................................................................................. 6 4. MITIGATION/SITE CONTROL OPTIONS ................................................................................................................. 7 5. SUMMARY AND CONCLUSIONS ............................................................................................................................... 8 6. LIMITATIONS ............................................................................................................................................................... 9 7. REFERENCES .............................................................................................................................................................. J 0 TABLE I TABLES ANTENNA MOUNT AND EXPOSURE DETAIL APPENDICES APPENDIXA RF-EME MODELING DATA APPENDIX B RADIO FREQUENCY ELECTROMAGNETIC ENERGY (RF-EME) SAFETY PLAN APPENDIX C MOOELING EXPORT FILES APPENDIX D SITE PLANS EBI Consulting LII3345A - East Marion Fire Department RF-EME ComDliance Report 9245 Main Road. East Marion. New York 11939 EXECUTIVE SUMMARY EnviroBusiness Inc. (dba EBI Consulting or EBI) has been contracted by T-Mobile to conduct radio frequency electromagnetic (RF-EME) modeling for T-Mobile Site #LI13345A at 9245 Main Road in East Marion, New York to determine worst-case predicted RF-EME exposure levels from wireless communications equipment installed at this site. This report summarizes the results of RF-EME modeling in relation to relevant Federal Communications Commission (FCC) RF-EME compliance standards for limiting human exposure to RF-EME fields. This document addresses the compliance of T- Mobile's transmitting facilities independently and in relation to all collocated facilities at the site. As presented in the sections below, based on worst-case theoretical modeling, there are no areas in front of the T-Mobile antennas on any walking surface that exceed the FCC standards for general population and occupational exposure. However, there are areas where workers elevated above the ground may be exposed to power densities greater than the general population and occupational limits. EBI ' LI13345A - East Marion Fire Department RF-EME Compliance Repor: 9245 Main Road, East Marion. New York 11939 I. INTRODUCTION Radio frequency waves are electromagnetic waves from the portion of the electromagnetic spectrum at frequencies lower than visible light and microwaves. The wavelengths of radio waves range from thousands of meters to around 30 centimeters. These wavelengths correspond to frequencies as Iow as 3 cycles per seconds (or hertz [Hz]) to as high as one gigahertz (one billion cycles per second). Personal Communication (PCS) facilities used by T-Mobile in this area operate within a frequency range of 1710-2155 MHz. Facilities typically consist of: I) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of PCS services, the antennas require line-of-site paths for good propagation, and are typically installed a distance above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the Iow power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of in areas in the immediate vicinity of the antennas. MPE limits do not represent levels where a health risk exists, since they are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size or health. EBI LI13345A - East Marion Fire Department RF~EME ComDliance Report 9245 Main Road, East Marion. New York 11939 2. SITE/PROJECT DESCRIPTION This project site includes three (3) proposed T-Mobile wireless telecommunication antennas (at three sector locations) on a flag pole located at 9245 Main Road in East Marion, New York. Table I contains an antenna inventory and a summary of exposure information. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general population/uncontrolled exposure limits for members of the general public that may be exposed to antenna fields. Access to this site is considered controlled. Additional information regarding controlled and uncontrolled exposure limits is provided in Appendix A. Appendix B presents a site safety plan that provides a plan view of the flag pole with antenna locations, Site plans are also provided in Appendix D. According to information provided to EBI, AT&T is present on the flag pole and Verizon is proposed for future installation on the flag pole. These other carriers were also included in the modeling analysis using assumed parameters based on EBI's prior experience with these carriers. Table I contains modeling information for all carriers at this site. There are also three whip antennas located on the flag pole that are the Fire Departments. These antennas were not modeled as a part of this analysis since frequency and power data was not made available as of the date of this report. Appendix E contains photos depicting the locations of installed signage that were taken during the site visit, Appendix B presents a site sketch indicating antenna locations. EBI LI13345A - East Marion Fire Department RF-EME Compliance Report 9245 Main Road. East Marion. New York 11939 RESULTS OF RF EME I~ODELING EBI has performed theoretical modeling using Roofview~ and/or TowerCalc® and to estimate the maximum potential power density from each antenna based on worst-case assumptions for the number of antennas and power. The modeling is based on worst-case assumptions for the number of T-Mobile antennas and power, including a maximum I- I- I radio configuration for GSM sectors A, B and C, with a power level of 54.1 dbM /257.1watts) per transmitter, and a I-I-I radio configuration for UMTS Sectors A, B, and C, with a power level of 46.3 dbM (42.9 watts) per transmitter, in order to provide a worst-case evaluation of predicted MPE levels. The assumptions used in the modeling for T-Mobile's antennas are based upon virtual antenna specifications, information provided by T-Mobile and information gathered from other sources. An input power of 300 watts was assumed for each T- Mobile antennas in order to satisfy local requirements. This is the maximum input power shown on the manufacturer's antenna specification sheet. The parameters used for modeling T-Mobile antennas are summarized in the modeling export files presented in Appendix C. AT&T and Verizon also have antennas located on the ~... Information about these antennas was included in the modeling analysis. Model numbers for these antennas were unspecified and as such, the assumptions used in the modeling of other carrier antennas are based upon a set of virtual antenna specifications developed by EBI based on industry standards. The parameters used for modeling of other carrier antennas are also summarized in the modeling export files presented in Appendix C. There were also three Fire Department whip antennas on site that could not be modeled due to a lack of information. As presented in the "Electromagnetic Energy Safety Plan," included in Appendix B, the worst-case power density will not exceed the FCC's occupational or general population limits on any accessible ground-level walking or working surface. However, for elevated workers in front of the antenna faces, power densities may exceed the occupational limit 75 feet above the ground or 9 feet below the bottoms of the T-Mobile antennas. Table I outlines the predicted extents of the area below the antenna that exceed the occupational and general population limits. Additionally, there are no predicted exceedances of the FCC's general population or occupational MPE limits at ground in front of the other carrier antennas at this site. Table I outlines the predicted extents of the areas in front of each of the other carrier antennas that exceed the occupational and general population limits. For a person at ground level, the maximum ambient RF exposure level from the T- Mobile, AT&T, and Verizon equipment is calculated to be 0.034 mW/cm2, which is equivalent to 6.00% of the general population exposure limit. EBI ' LII3345A - East Marion Fire Department RF-EME Compliance Report 9245 Main Road, East Marion. New York 11939 4. MITIGATION/SITE CONTROL OPTIONS EBI's modeling indicates that there are no areas on the walking working surfaces at ground-level in front of the T-Mobile antennas that may exceed the FCC standards for general population exposure, All exposures above the FCC's safe limits require that individuals be elevated above the ground. Workers should not be elevated in front of the antennas unless the wireless equipment is shut down and lockout/ragout procedures implemented in accordance with T-Mobile standard operating protocols. In order to alert any such elevated workers, an "NOC" sign, red "Climber Warning" sign, and a "Notice to Workers" sign is recommended for installation at the base of the flag pole as depicted on the Electromagnetic Energy Signage Plan - Appendix B. These protocols and recommended control measures have been summarized and included with a graphic representation of the antennas and associated signage and control areas in a RF-EME Site Safety Plan, which is included as Appendix B. Individuals and workers accessing the flag pole should be provided a copy of the attached Site Safety Plan, made aware of the posted sign, and signify their understanding of the Site Safety Plan. EBI LII3345A- East Marion Fire Department RF-EME Comoliance Report 9245 Main Road. East Marion. New York 11939 5. SUMMARY AND CONCLUSIONS EBI has prepared a Radiofrequency Emissions Compliance Report for telecommunications equipment installed at Site #LI13345A, located at 9245 Main Road, in East Marion, New York. EBI has conducted theoretical modeling to estimate the worst-case power density from T-Mobile antennas and other carriers' antennas to determine worst-case predicted RF-EME exposure levels from wireless communications equipment installed at this site. This report summarizes the results of RF-EME modeling in relation to relevant Federal Communications Commission (FCC) RF-EME compliance standards for limiting human exposure to RF-EME fields. As presented in the preceding sections, based on the FCC criteria, there are no areas in front of T- Mobile's antennas on any walking or working surface that exceed the FCC standards for general population or occupational exposure. Workers at this site may safely access the flag pole, but should not be elevated above the ground level unless the wireless equipment is shut down and IockoutJtagout procedures are implemented. Recommended control measures are outlined within a Site Safety Plan (attached); this plan includes procedures to shut down and IockoutJtagout this wireless equipment in accordance with T-Mobile's standard operating protocol. EBI LI13345A - East Marion Fire Department RF-EME Comoliance Report 9245 Main Road. East Marion. New York 11939 6. LIMITATIONS This Report was prepared for the use of T-Mobile, Inc. It was peri~ormed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by EBI are based solely on the information provided by the client. The observations in this Report are valid on the date of the investigation. Any additional information that becomes available concerning the Subject Property should be provided to EBI so that our conclusions may be revised and modified, if necessary. This Report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal, both of which are integral parts of this Report. No other warranty, expressed or implied, is made. EBI LI13345A - East Marion Fire Department RF-EME Compliance Report 9245 Main Road. East Marion. New York I 1939 7. REFERENCES Federal Communications Commission (FCC) Office of Engineering & Technolo~ (OET). Evaluatin~ Compliance with FCC Guidelines for Human Exposure to Radiofre~uency Electromagnetic Fields. OET Bulletin 65, Edition 97-01. August 1997. FCC. Questions and Answers about Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields Fourth Edition, August 1999; (OET Bulletin 56). Richard Tell Associates, Inc., TowerCalc User Guide. Version 3.5. October 10, 2002. Richard Tell Associates, Inc., RoofView~ User Guide. Version 4.15. February 10, 2003. I0 mEBI LII3345A - East Marion Fire Department RF-EME Compliance Report 9245 Main Road, East Marion, New York 11939 Table I: Antenna Mount and Exposure Detail A I (UMTS) 3O CI(GSM) 84 Inside Flagpole 9 NA Al (GSM) 30 84 Inside Flagpole 9 NA B I (UMTS) 150 84 Inside Flagpole 9 NA BI (GSM) I S0 84 Inside Flagpole 9 NA CI (UMTS) 270 84 Inside Flagpole 9 NA 270 84 Inside Flagpole 9 NA VZN Al VZN BI VZN CI ATr AI ATTBI 3O Fire Department Whip Antenna 150 270 30 150 97.5 Inside Flagpole NA NA 97.5 Inside Flagpole 97.5 Inside Flagpole 104.5 Inside Flagpole Inside Flagpole NA NA Top of Flag Pole NA NA NA NA NA NA All' C I 270 104.5 Inside Flagpole NA NA Fire Side of Flag NA NA Department Unknown Approximately 23 Pole Whip Antenna Fire Side of Flag NA NA Department Unknown Approximately 23 Pole Whip Antenna Unknown II0 NA NA II EBI LI13345A - East Marion Fire Department RF-EME ComDliance Report 9245 Main Road. East Marion, New York 11939 APPENDIX A: REGULATORY AND MODELING INFORMATION 12 EBI LII3345A - East Marion Fire Department RF-EME Comoliance Reoort 9245 Main Road. East Marion. New York 11939 Calculation of Near Field and Far Field Power Density Near Field Prediction methods have been developed from the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications cell sites. The near field zone is defined by distance, D, from an antenna beyond which the manufacturer's published, far field antenna patterns will be fully formed; the near field may exist for increasing D until some or all of three conditions have been met: I) D>~]~ 2) D>$h 3) D> 1.6). wherch = almlU~of~heantonna, inmnters, and ~, = wavelet, th of the tnmsmittod sigmd, in meters. The FCC Office of Engineering and Technology Bulletin No. 65 (OET 65 - August 1997) gives this formula for calculating power density in the near field zone about an individual RF source: 180 0,1 x power denaily S = ~ x =x Dx h ' inmW/cm2' wh~m Olin = hdf-power besmwidth of ~ti~m, in ~ and Pm: =' nnt power input to the ~mtenna, in w~i~. The factor of 0.1 in the numerator converts to the desired units of power density, This formula has been built into the RoofView~ program (described in the RF-EME Modeling Methodology section, below) that calculates FCC public and occupational limits. Far Field OET 65 gives the following formula for calculating power density in the far field of an individual RF source: power denlity S = 2.S6 x 1.64 x 100 x RFF2 x ERP 4x ~x D2 ' inmW/cm2' where ERP ~ tolal ERP (,11 pol~-..;~ns), in RFF = relative field factor al the direction to the actual point ofcaleu~ion, and D = distance from the center of radintion to the point of calculation, in mm. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (I,6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This formula has been built into TowerCalc~. LII3345A - East Marion Fire Department RF-EME Compliance Report 9245 Main Road, East Marion. New York 11939 Regulatory Background The National Environmental Policy Act of 1969 (NEPA) requires all Federal agencies to evaluate the effects of their actions on the quality of the human environment. One of several environmental factors addressed by these requirements is human exposure to RF energy emitted by FCC-regulated transmitters and facilities. The FCC revised and updated their RF exposure guidelines on August I, 1996, as a result of a rule- making proceeding initiated in 1993. The new guidelines incorporate limits for Maximum Permissible Exposure (MPE) in terms of electric and magnetic field strength and power density for transmitters operating at frequencies between 0.3 MHz and 100,000 MHz. Implementation of the new guidelines for mobile and portable devices became effective August 7, 1996, The FCC's MPE limits are based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc,,/IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines, Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupat- ional/controlled exposure limits (for workers) and general population/uncontrolled exposure limits for members of the general public. Occupationallcontrolled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general population/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. General populationluncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area. Table I and Figure I(below), which are included within the FCC's OET Bulletin 65, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take into account the different types of equipment that may be in operation at a particular facility, and are "time-averaged" limits to reflect different durations resulting from controlled and uncontrolled exposures. EBI 14 LI13345A - East Marion Fire Department RF-EME Comeliance Report 9245 Main Road. East Marion, New York 11939 Table 1. LIMITS FOR MAX~IUM PEILNIISSIBLE EXPOSURE (NIPE) (A) Limits for Occupationa~Controlk~d Exposur~ Frequency Electric Field .Magnetic Field Powe~ Density AxZa"~nE Ttree Range Smmgth CE) Strength CH) ($) iE]:, ]HI: o~ $ (MHz) (mW.,"cm 0.3-3.0 614 1.63 (100)* 6 3.0-30 1 $4Z'"f 4.89/f (900,:f~)* 6 30-300 61.4 0.163 1.0 6 300-1500 - -- ~300 6 1500-100,000 .... 5 6 (B) Limit~ for General Population/Uncontrolkd Exposure Frequem~' EleCtric Field .Magnetic Field Power Density Aver~n~ Time Range Strength CE) Stren 6-I) (S) EI:, IHI' m S ('MHz) (V!m) (Aim) (mW/cra:) (minutes) 0.3-1.34 614 1.63 (100)* 30 1.34-30 $2egf 2.19/f (180/f')* 30 30-300 27.5 0.073 0.2 30 300-1500 .... f, q500 30 1500-100,000 .... 1.0 30 f = frequency in MHz *Plane-wave eqm%lem powe~ density NOTE 1: Occn$~tional./controlled li~i~s apply m sim"~ m ~ch ~s ~e ~ ~ a ~ce of ~ ~l~t ~ ~ ~ ~ ~y a~e of ~e ~ for ~me ~cm ~ c~ol ~,~ ~. ~ts f~ ~c~ll~ ~ ~ ~ m ~ ~ ~ ~ is ~t ~ a 1~ ~e ~/~H~ ~ ~ly ~d ~ ~ ~e is ~ a~ of ~e ~ f~ ~e~ NOTE 2: GeneraIpopulation/uncontrolled exposures apply in sttuaaons in which the general public may be exposed, c~ m which perso~ that are exposed as a cotxsequence ofthe~ employment may not be filly aware of the potentird for exposure of can not exercise control over 15 EBI LI13345A - East Marion Fire Department RF-EME Com.liance Report 9245 Main Road. East Marion. New York 11939 Figure 1. 1,000 tO0 10 5 1 0.2 0.1 003 FCC Limits for Maximum Permissible Exposure (MPE) Plane-wave Equivalent Power Density .... General Populat~bn/Uncontrelled Exposure 0.3 I3 ~0 3OO 13,0OO ~O, OOO T~O0, OOO 1.34 1,500 lOO, O00 Frequency (MHz) Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below: Personal Wireless Service Approx. Frequency Occupational Limit Public Limit Personal Communication (PCS) 1,950 MHz 5.00 mW/cm2 1.00 mW/cm2 Cellular Telephone 870 MHz 2.90 mW/cm~ 0.58 mW/cm2 Specialized Mobile Radio 855 MHz 2.85 mW/cm2 0.57 mW/cm2 Most Restrictive Freq, Range 30-300 MHz 1.00 mW/cm: 0.20 mW/cm: MPE limits do not represent levels where a health risk exists, since they are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size or health. For this project~ the anticipated frequency range in which the antennas will operate is 1710-2155 MHz. For modeling purposes, EBI utilized a broadcast frequency of 1710 MHz. LI13345A - East Marion Fire Department RF-EME Comeliance Report 9245 Main Road. East Marion. New York 11939 RF-EME Modeling Methodology EBI assesses the RF impacts of the proposed equipment and other wireless carriers through the use of TowerCalc® and RoofView~ software models to predict worst-case RF exposure fields due to antennas at this site. TowerCalc® and RoofView~ are widely-used predictive modeling programs that have been developed by Richard Tell Associates to predict both near field and far field RF power density values for telecommunications sites produced by vertical collinear antennas that are typically used in the cellular, PCS, paging and other communications services. The model utilizes several operational specifications for different types of antennas to produce a plot of spatially-averaged power densities that can be expressed as a percentage of the applicable exposure limit. The calculations utilized by this program are summarized in Appendix A. For this report, EBI utilized worst-case antenna and power data, and compared the resultant worst-case MPE levels to the FCC's occupational/controlled exposure limits outlined in OET Bulletin 65. (NOTE: EBI retained Richard Tell Associates to provide technical support services to ensure that modeling and the resultant compliance evaluation for this site is fully consistent with FCC requirements). TowerCalc® and RoofViev~ calculate RF near-field levels from selected antennas by applying a model that takes into account parameters such as the antenna's aperture height, azimuthal beam width for directional antennas and the location of the antennas relative to workers at this site. Resulting spatially averaged power densities are expressed as a percentage of a user selectable exposure limit depending on frequency. EBI LI13345A - East Marion Fire Department RF-EME Compliance Report 9245 Main Road. East Marion. New York 11939 APPENDIX B: RF-EME SAFETY PLAN EBI Consulting ANTENNA PLAN ELEVATION VIEW Modeling indicates that the worst-case power density may exceed the FCC's occupational limit in front of the antennas approximately 75 feet above ground level or 9 feet below the bottoms of the antennas as indicated in the elevation view. TOWER RF EME ANTENNA INFORMATION AND EXPOSURE CONTROL AREAS Distance [feet] in front of the antennas and direction of areas where power density is greater than the FCC's occupational MPE. Occupational exposure in these areas should be limited to brief incursions by qualified individuals with proper safety training. Generally, other individuals should be restricted from entering this area until they have contacted T-Mobile who will turn off their transmitter using OSHA-approved Iockout/tagout procedures. Contact for Red Exposure Control Area Lockout~1'agout Procedures: Network Operations Center:. 888-218-6664 (toll-free) Site ID # ~ MPE I:xceedance T-Mobile Antenna Base Above Sector/ Azimu~ Nearest Walkin~ Surfac~e Antenna l~lount (feet below antenna) Al (UMTS) 30 84 Inside Flagpole 9 Al (GSM) 30 84 Inside Flagpole 9 BI (UMTS) IS0 84 Inside Flagpole 9 BI (GSM) 150 84 Inside Flagpole 9 CI (UMTS) 270 84 Inside Flagpole 9 CI (GSM) 270 84 Inside Flagpole 9 Note: In order for this plan to accurately portray restricted areas it must be reprinted in color only. F-Mobile uses theoretical modeling to estimate the worst-case power density from each antenna. The transmitter power output used in the model is based on a I-I-I (GSM) and I-I-I (UMTS) radio configuration for Sectors A, B and C. The FCC recognizes that these theoretical models over-estimate the actual exposure one would experience and generally considers the results to represent a worst-case exposure scenario. MPE limits are designed to provide a substantial margin of safety and do not represent levels where a health risk exists, Individuals accessing the tower should signify their understanding of the three exposure control areas on this plan and the actions necessary to control their exposure to RF energy. Information regarding other carrier antennas is provided within the RF-EME Compliance Report, Electromagnetic Energy Safety Plan Facility Operato~ T-Mobile T-Mobile Site Name: Fast Marion Fire Department T-Mobile Site Number. Ll13345A Location: 9245 Main Road East Marion, New York 11939 Date: 09/30/09 Rev. 0 ELECTROMAGNETIC ENERGY SIGN PLAN Sector C O' 10' 20' 30' Fl~g Pole EQUIPMENT COMPOUND VIEW SlGNAGE INSTRUCTIONS Sign Image Description Posting Instructions SecureJy post \to the base of the structure (attached ~ I# ~ ~ NOC to the base of the flag pole) as indicated in the --e.a~L-- Informational sign, used to provide T-Mobile signage plan. L~.~.- J emergency contact information for the site Denote Site ID Number on Sign in Permanent Marker .__~_ Notice To Workers Securely mount approximately 48 inches above ..~_'--'~ .... informational sign, used to notify workers that grade at the base of tower as indicated in the signage ...~--i:--~"~---~-2-~-- there are active antennas installed and provide plan ,ii''-'- ~'~''~- guidelines for working in RF environments. ~ Red Warning Sign Securely mount approximately 48 inches above t&t 8-1/2" x I I', used to alert individuals that the ground level at the base of the tower. · ~.~ power density on elevated working surfaces in ~-~'~---~:- front of antennas may exceed the FCC's maximum Marker. ~. Denote Site ID Number on Sign in Permanent ...... , permissible limit for occupational exposure. Note: In order for this plan to accurately portray restricted areas it must be reprinted in color only. PLAN DEVELOPED BY EBI CONSULTING BASED UPON BASE PLAN PREPARED BY MAXTON TECHNOLOGY INC.. BAY STATE DESIGN INC. DATED 09-25-09. Electromagnetic Energy Safety Plan F~cility Operator: T-Mobile T-Mobile Site Name: East Marion Fire Department T-Mobile Site Number. LII3345A Location: 9245 Main Road East Marion, New York 11939 Oate: 09/30/09 Rev. 0 LI13345A - East Marion Fire Department RF-EME Compliance Report 9245 Main Road. East Marion, New York 11939 APPENDIX C: MODELING EXPORT FILES EBI Consulting Map, Settings, Antenna, and Symbol Data Table .. Exported from workbook -> RootView 4.~5.xls Done on 9/29/2009 at 3.3.:55:34 AM. Use this format to prepare other data sets for the RoofView workbook file. You may use as many rows in this TOP header as you wish. The criUcal point are the cells in COLUMN ONE that read 'Start...' (eg, StartMapDefiniUon) If used, these (4) headers are required to be spelled exactly, as one word (eg. 5tartMapDefinition) The very next row will be considered the start of that data blocg. The first row of the data block can be a header (as shown below), but this is optional. When building a text file for import, Add the Map info first, then the Antenna data, followed by the symbol data. All rows above the first marker line '5taKc.,.' will be ignored, no matter how many there are. This area is for you use for documentation. End of help comments. you wish as long as you don't place it below :he Start Map Definition row below the blue line. insert more rows using the Insert menu, ;hould you need additional lines to document your project, simply insert additional rows 3y highlighting the row number adjacent to the blue line below and then clicking on the Inser~ menu ~nd selecting rows. Roof Max '~ Roof Max ) Map Max ¥ Map Max ~ Y Offset X Offset Number of envelope Standard Method Uptime ScaleFacl. o~ LowThr LowColor MidThr MidColor HiThr HiColor OverColorApHtMultpHtMethod (~) Y Z Type 36 84 VC 36 84 VC 35 84 VC 35 84 VC 35 84 VC 35 84 VC 36 97.5 VC 36 97.5 VC 35 97.5 VC 36 104,5 VC 36 ~045 VC 35 104.5 VC (~) 45 4.5 4,5 5 5 5 dBd Gain BWdth Pt Dir 65;30 65;30 65;150 65;150 65;270 65;270 86;30 86;150 86;270 85;30 85;150 85;270 List Of Areas SU$171:$CL$210 Uptime ON Profile flag ONe ON. ON· ON. ON* ON* ONe ON. ON. ON. ON. ON, lower and Antenna Data Table .. Exported from workbook -> TowerCalc 3.5.xls Done on 9/29/2009 at 2]:48:3~. AM. LJse this format to prepare other data sets for the TowerView workbook file. fou may use as many rows in this TOP header as you wish. [he critical point is the cells in COLUMN ONE that read 'Start...' (eg. StartTower Definition) [hese (2) headers are required to be spelled exactly, as one word (eg. StartTowerOefinitionl [he very next row will be considered the start of the data. [he first row of the data section can be a header (as shown below), but this is optional When building a workbook file for import, Add the Tower info first, then the Antenna data. k8 rows above th e first marker line 'Start...' will be ignored, no matter how many there are. [his area is for you use for documentation. -- 8nd of help comments. ~ou can place as much text here as you wish as long as you don't place it below the Start Tower Definition row below the blue line. ~ou may insert more rows using the Insert menu. Should you need additional lines to document your project, simply insert additional rows by highlighting the row number adjacent to the blue [ine below and then clicking on the Insert menu and selecting rows StartTowerDefinition Starting Ht Ending Ht Tower Ht 310 ]90 It is advisable to provide an ~D Icol 1) for all antennas (MHZ) Trans Trans Coax Coax Other Input Freq Power Count Len Type LOSS Power 1710 4286 1710 257.14 1710 42.86 Calc (ft} (ft) Power Mfg Model X Z Notused Y Not used Not used (E) dgd 8Wdth Type Aper Gain Theta S 16 65;0 5 16 65;0 ON flag ON- ON, ON· ON, LI13345A - East Marion Fire Department RF-EME Compliance Report 9245 Main Road. East Marion. New York 11939 APPENDIX D: SITE PLANS EBI Consulting T-Mobile Mobile Northeast LLC NortheastLLC 3500 SUNRISE HIGHWAY, SUITE D-203 ~-~xrou GREAT RIVER, NY 11739 EAST MARION FIRE DEPARTMENT 9245 MAIN ROAD EAST MARION, NY 11939 SITE TYPE: COLOCATION ON EXISTING FLAG MONOPOLE APPROVAL REVIEW FORM VlClNfl~' MAP ~1~ .o.c,~ SHEET INDEX PROJECT SUMMARY ........................................ DO NOT SCALE DRAWINGS T-Mobile Northeast LLC A 1 T-Mobile Northeast LLC SUBMHffALS LI 13 345A EAST MARION FIRE DEPARTMENT ELEVATION A-2 T-Mobile Northeast LLC SUBMITTALS DEPARTMENT CONSTRUCTION A 3 T-Mobile Northeast LLC SUBMI~FALS LI 15 345A EAST MARION FIRE DEPARTMENT ONE-LINE AND GROUNDING RISER DIAGRAMS, AND GROUNDING NOTES GROUNDING NOTES T-Mobile N~th tLLC · ..Mobile-.. T-hlOBILE USA, INC. Maxton Technology 260 W Crescent Avenue Allendale, NJ 07401 September 11, 2009 Town of Southold - Building Department Atto: Vicki Toth (Building Permits Coordinator) 54375 Route 25 Southold, NY 11971 631-765-1802 RE: T-Mobile Northeast, LLC Proposed Public Utility Wireless Telecommunications Facility- Collocation on the existing AT&T monopole/flagpole on the property of the East Marion Fire Department Premises: 9245 Main Road, East Marion, NY 11939 SBL: Section: 31, Block: 3, Lot: 11.31 Project Title: T-Mobile LI 13 345A (EMFD) Dear Vicki: We are the Site Acquisition Consultants for T-Mobile Northeast, LLC in connection with the above-captioned matter. Per our ~lephone conversations over the last couple of days, enclosed are the Building Permit Application Submission requirements as outlined in the Town of Southold Guide-lines for a proposed Collocation (by T- Mobile) on an existing public utility wireless telecommunications structure (AT&T's existing flagpole/monopole) and related equipment on the property at the above-captioned premises, as depicted in the site-plan herewith. The package contains the following: 1.) Building Permit Application signed and notarized 2.) Application Fee ($500.00) ck # 2483 3.) 4 Copies of Building Plans (construction drawings) - ***Please note that All references to 1 1/4" cables on building plans will be revised to 7/8" cable size and re-sent to yon. 4.) 1 Plot Plan 5.) Storm Water Run-offAssessment form (signed and notarized) 6.) Letter of Authorization from EMFD 7.) AT&T Owner's consent to sublease letter Based on our recent conversations, we will provide you with the additional documentation stated in code §280- 74, paragraph (B) as follow in addition to those required in §144-8 C: Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-71H. bo Written documentation as to the facility's structural compliance with local, State and Federal Codes. Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. It would be greatly appreciated if you can please accept this Building Permit package as is for the purpose of beginning the review process. I will provide you with the above documentation shortly. Please contact me to confirm receipt of this package. If you have any questions, or require additional information, please do not hesitate to contact me as well. Eli Siouffi - 201.953.~495 Maxton Technology for T-Mobile Northeast, LLC esiouffi~gmail.com Please mail any correspondence to the following address: 39 Andover Drive Wayne, NJ 07470 ACm: Todd Padreza (Maxton Technology for T-Mobile) Mobile.. T-I~IOBILE USA, INC. hfaxton Technology 260 W Crescent Avenue Allendale, NJ 07401 Fax: 201.934.1062 October 1, 2009 Town of Southold - Building Department Atto: Vicki Toth (Building Permits Coordinator) 54375 Rome 25 Southold, NY 11971 631-765-1802 RE: T-Mobile Northeast, LLC Proposed Public Utility Wireless Telecommunications Facility - Collocation on the existing AT&T monopole/flagpole on the property of the East Marion Fire Department Premise~: 9245 Main Road, East Marion, NY 11939 SBL: Section: 31, Block: 3, Lot: 11.31 Project Title: T-Mobile LI 13 345A (EMFD) Dear Vicki: Pursuant to my cover letter of September 11, 2009 regarding our initial BP application submittal, and our subsequent telephone conversations, enclosed are the additional documents (stated in code {}280-74, lYaragraph (B) as follow in addition to those required in {}144-8 C) needed to complete our BP Application. The documents are as follows: a) Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-71H. b) Written documentation as to the facility's structural compliance with local, State and Federal Codes. c) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. Also included are 4 "revised" copies of the building plans/construction drawings that provide the corrected cable sizes as noted on the initial submittal of 9/11/09. Page 2 October 1, 2009 Please continue the review of our BP application for this location. If you require anything further, please contact me. Thank you, Eli Siouffi - 201.953.3475 Maxton Technology for T-Mobile Northeast, LLC esiouffi~gmail.com P.S.: Please mail any correspondence to the following address: 39 Andover Drive Wayne, NJ 07470 Attn: Todd Padreza (Maxton Technology for T-Mobile) November 3, 2009 BAY STATE DESIGN Nr. Nick White Maxton Technology, Inc. 3500 Sunrise Highway, Suite D203 Great River, NY 11739 Re: T-Mobile Northeast LLC Acoustic Considerations: LI 13-345A 9345 Main Road East Moriches, NY SCTM: 1000-31-3-11.31 Dear Mr. White: The cabinets planned for the proposed T-Mobile installation are; the Nortel S 12000 outdoor model, Magnateck Spectrum MPE5566 Battery Back-up, Ericsson PPC Box, Booster Cabinet, and Ericsson RBS 3106 UMTS Base Station Cabinet. The built-in air conditioning systems in these cabinets do produce some noise. Manufacturer's specifications list the maximum combined acoustic output for these cabinets as 68 dB at one meter form the units. (Note that most often, the air condition systems for these cabinets are not expected to be running simultaneously.) The equipment is to be installed within an equipment compound bounded by a chain link fence on all sides. Additionally, the equipment area will be surrounded by 28 ten foot tall Eastern Red Cedar Trees. The nearest residential property line is approximately 81 feet away. At this distance from the source of the sound, the noise level will have attenuated to less than 45dB. The noise levels will be even lower at residences located further away from the source of sound. As a frame of reference, OSHA.gov provides the following indications of typical acceptable noise levels: · 50 dB Quiet Office · 40 dB Bedroom The Town of Southold Code, at Section 280-71A (2) (al (ii) (4), requires that the "noise from the Base Equipment, including any backup generator, measures less than 45dB at the nearest property line of all adjacent residences." There is no generator proposed, and as noted above, the noise level at the nearest adjacent property line will be less than 45dB. We therefore conclude that the noise output of the proposed installation will not be objectionable, and will satisfy the applicable code requirement. Sincerely yours, Trichur Venkataraman, P.E. Bay State Design, Inc. Bay State Design, Inc. 241 Boston Post Road West Marlborough, MA 01752 Tel. (508l 229-4100 Fax (508) 485-5231 www. BayStateDesign.com NIELSEN, HUBER & GOUGHLIN, LLP ATTORNEYS AT LAW HUNTINOTON, NI~W YO~X 11748 T~iLRPHONI~: ((501) 425-4100 FAC$1~IILR: (681) 425-4104 May 5, 2010 Bv Hand Mr. Michael Verity Building Department Town of Southold Annex Building 54375 Route 25 Southold, NY 11971 RE: T-Mobile Northeast LLC Supplemental Building Permit Application Filing Proposed Public Utility Wireless Telecommunications Facility Premises: East Marion Fire District 9245 Main Road, East Marion, New York SCTM#: 1000-31 -3 11.31 Dear Mr. Verity: As you know, we are the attorneys for T-Mobile Northeast LLC ('T-Mobile' hereafter), with respect to the captioned application. T-Mobile filed its original Building Permit Application on September 11, 2009 and supplemented same on October 1, 2009, and again on November 18, 2009. A Notice of Disapproval was issued thereafter on December 15, 2009. On April 28, 2010, T-Mobile filed its Site Plan and Special Exception Permit Applications with the Town Planning Board. Certain documents have been revised since the date of filing. We enclose the following revised documents that we ask be filed in place of the original corresponding documents: 1. Updated Gap and Propagation Maps, pursuant to Code Sections 280-74B(l)(d) and (e); and 2. One (1) CD Rom containing digital files of the updated propagation maps and search ring map, pursuant to Town Code Section 280-74B(1)(f). Please incorporate these documents into the application package on file with your office. Please note that we submitted the updated maps and CD Rom with digital files with the Planning Board. 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, RI~, NIELSEN, HUB~I~ COUGHL1N, LLP By: t_~///~ff/~.~ -- LCR:mk Enclosures July 28, 2010 BAY STATE DESIGN Mr. Todd Padreza Maxton Technology, Inc. 3500 Sunrise Highway, Suite D203 Great River, NY 11739 Re: T-Mobile Northeast LLC Acoustic Considerations: LI 13-345A 9245 Main Road East Marion, NY SCTM: 1000-31-3-11.31 Dear Mr. Padreza: The cabinets planned for the proposed T-Mobile installation are; the Nortel S12000 outdoor model, Magnetek Spectrum MPE5566 Battery Back-up, Ericsson PPC Box, Booster Cabinet, and Ericsson RBS 3106 UMTS Base Station Cabinet. The built-in air conditioning systems in these cabinets do produce some noise. Manufacturer's specifications list the maximum combined acoustic output for these cabinets as 68 dB at one meter form the units. (Note that most often, the air condition systems for these cabinets are not expected to be running simultaneously.) The equipment is to be installed within an equipment compound bounded by a chain link fence on all sides. Additionally, the equipment area will be surrounded by 28 ten foot tall Eastern Red Cedar Trees. The nearest residential property line is approximately 81 feet away. At this distance from the source of the sound, the noise level will have attenuated to less than 45dB. The noise levels will be even lower at residences located further away from the source of sound. As a frame of reference, OSHA.gov provides the following indications of typical acceptable noise levels: · 50 dB Quiet Office · 40 dB Bedroom The Town of Southold Code, at Section 280-70J(5), 280-71A(2)(b)[2] and 280-71A(2)(a)[2][d], which requires that "noise from base equipment, including any backup generator, measures less than 45dB at all adjacent property lines." There is no generator proposed, and based on our analysis, the noise level at all adjacent property lines will be less than 45 dB. We therefore conclude that the noise output of the proposed installation will not be objectionable, and will satisfy the applicable code requirement. Sincerely yours, Kenny Wang, P.E. Bay State Design. Inc. 241 Boston Post Road West Marlborough. MA 01752 Tel. (508) 229 4100 Fax {5(18) 485 5321 www. Ba3StateDesign.com NIELSEN, HUBER & GOUGHLIN, LLP ATTORNEYS AT LAW 30 NO.Tn N~w Yo~ Av~Nv~ HUNTINGTON. NI~W Yo~ 11743 T~P~o~: (OOl) ~25-~100 FACSIMILE: (6~1) 425-4104 August 9, 2010 By Hand Mr. Michael Verity Building Department Town of Southold Annex Building 54375 Route 25 Southold, NY 11971 RE: T-Mobile Northeast LLC Proposed Public Utility Wireless Telecommunications Facility Premises: East Marion Fire District 9245 Main Road, East Marion, New York SCTM#: 1000 -31 - 3 - 11.31 Dear Mr. Verity: We represent T-Mobile Northeast LLC ('T-Mobile') with regard to its application to colocate at the existing public utility wireless telecommunications facility at the subject property. T-Mobile's proposal includes the interior installation of its antennas within the existing pole and the installation of equipment on the ground surrounded by a double row of evergreen plantings. T-Mobile filed its original Building Permit Application with your office on September 11, 2009 and supplemented it on October 1, 2009. A Notice of Disapproval was issued thereafter on October 15, 2009. On November 18, 2009, our office submitted revised documentation with your office and requested that the Building Department reconsider the application as T-Mobile modified its design so as to comply with the provisions requiring Building Permit only. On December 15, 2010, the attached correspondence of the Town Attorney's office was issued along with a second Notice of Disapproval, requiring Planning Board site plan and special exception approval per Section 280-71 of the Town Code (copies of said documents attached hereto). On April 28, 2010, our office filed the Site Plan and Special Exception Permit Applications with the Town of Southold Planning Board. However, in furtherance of the enactment of Local Law No. 4 of 2010 and the amendments made therein to Town Code Article XVII addressing the zoning of "Wireless Communications Facilities," we believe that T-Mobile's proposed facility complies with the amended provisions set forth in Code Sections 280- 71A(2)(b), 280-71A(2)(a)[2], and 280-70, requiring Building Permit only. Specifically, as shown in the Construction Drawings, prepared by Bay State Design and dated November 12, 2009, which are currently on file with your office, T-Mobile proposes: T-Mobile Northeast LLC Building Permit Application - East Marion F.D. August 9, 2010 Page 2 of 2 · To install antennas and cables within an existing monopole, i.e. the proposal will cause no visual change as "the antennas are interior-mounted in the existing structure and are not visible from the outside after installation," in accord with Section 280-71A(2)(b)[1]; · To install base station equipment that will be [e]ntirely screened from view with dense evergreeen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point" and the "[p]lantings will be of sufficient size to achieve this screening effect immediately upon planting" in accord with Sections 280-71A(2)(b)[2] and 280- 71A(2)(a)[2]; and · Furthermore, as stated in the enclosed updated Noise Analysis, the noise from all proposed base equipment will measure less than 45dB at all adjacent property lines in accord with 280- 71A(2)(b)[2] and 280-71A(2)(a)[2][d]. To further comply with the amended Town Code, we submit herewith the following supplemental documents: 1. Two (2) counterparts of updated Noise Analysis correspondence of Bay State Design, dated July 28, 2010, pursuant to amended Code Sections 280-70J(5), 280-71A(2)(b)[2], and 280- 71 A(2)(a)[2] [d]; 2. Memorandum regarding Priority Site Locations and accompanying Affidavit of Pawan Madahar, pursuant to amended Code Section 280-70D2; 3. Affidavit of Applicant regarding the decommissioning of the unpermitted T-Mobile facility at SCTM# 1000-74-2-23, as referenced in the attached December 15, 2009 correspondence of the Town Attorney's office; and 4. Copy of our June 17, 2010 filing correspondence to the Building Department, date-stamped by the Building Department, relating to the application submission and pending compliance of the existing T-Mobile facility at SCTM# 100045 - 1-14.1 (f/k/a Lot 11), as re ferenced in the attached December 15, 2009 correspondence of the Town Attorney's office. Please note that copies of all other Building Permit Application filing requirements are on file with your office. Should you require any additional copies or further information, please advise. We respectfully request that the instant proposal be processed as Building Permit only and that a Building Permit be issued at this time. We respectfully request that our office be contacted when the Building Permit is ready to be picked up. We can be reached at (631) 425-4100. Very truly yours, RI~, NIELSEN, HUBER & COUGHLIN, LLP By: ~ C ~!n)U°ugh~in) JC:mk Enclosures Cc w/o encls.: Mr. Martin Finnegan, Town Attorney & Ms. Jennifer Andaloro, Assistant Town Attorney Ms. Heather Lanza, Planning Director RI , NIELSEN, HUBER & COUGHI,IN, LLP ATTORNEYS AT LAW ~J N'ORTH NEW YORX A~lqU]~ · HUNTXNOTON, NEar YoRx 1174~ TBL~'HO~':~: (6~1) ,~25-~100 September 1, 2010 By Hand Ms. Kristy Winser, Senior Planner Town of Southold Planning Board Town Annex Building 54375 Main Road Southold, NY 11971 RE: pT~oMp;bs iel~ pNuOblrtihce;;tili[~Vire le s s Tele communication s Facility Premises: 9E2a~; ~Mvlaiar'nO~Foia] ~, E~iaSsttXi~ afion, New Yor k SCTM#: 1000-31 -3- 11.31 Dear Ms. Winser: ,~~/.~/.~ As you know, we represent T-Mobile Northeast LLC ('T-Mobile)w~~to colocate at the existing public utility wireless telecommunications fac, ili~~:~ Pursuant to the request of Heather Lanza, Director of Planning, we enclose herewith two (2) on~ signed/sealed Landscape Plans, prepared by Bay State Design, Inc., and dated August 27, 2010 (Rev. 2). Please note that three (3) counterparts of the Landscape Plan are being submitted with the Building Department today as well. With regard to the Ms. Lanza's request that T-Mobile submit its revised application to the Building Department for the LIPA substation property in Greenport, please note that same will be submitted as soon as possible. While revising some of the materials for the re-submission to meet the recently amended Wireless Code, it was noted that the LIPA substation property falls within 100' of freshwater wetland boundaries and, accordingly, additional materials are in the process of being prepared. Please rest assured that we will make the re-submission as soon as our office receives the additional revised materials. Very truly yours, RI~, NIELSEN, HUBER & COUGHLIN, LLP Cou JC:mk Enclosures Cc: Mr. Michael Verity, Chief Building Inspector (with three (3) signed/sealed Landscape Plans) CHERYL L BONDARCHUK LOT 1 N/F G~TP. AKIS & GEOrgE KO~TSOL~KIS PLOT PLAN SCALE: 1' = 40' ,. / / NOTES: I M~T['S AND BOUNDS ~.RE ?~[N FROM & 5UR~ ~ORMED ~Y PECONIC 2. SLiK DIMENSIONS AS SHOWN ME ?AKEN F~OM ]HE SITE J31~ NOTE: THE METES AND BOUNDS, SETBACK DIMENSIONS. AND OTHER MEASUREMENTS AND DEPIC3]ONS SHOWN ON THIS PLAN ARE TAKEN FROM A PLAN PREPARED BY INF]NIGY ENGINEERING, AND ARE NOT A RESULT OF MEASUREMENTS. FIELD NOTES, OR OTHER INFORMATION GATHERED BY MAXTON TECHNOLOGY OR BAY STATE DESIGN. T-Mobile Northeast, LLC ~-~XTON ' SUBMITFALS LI 15-345A EAST MARION FIRE DEPARTMENT PLOT PLAN C-1 T-Mobile ~,, ,, ~~ ~, ~ ,' .-- ~ .~~ ~ COMPOUND ~ ~/~' ~ ~'-o' ~NDS~E P~N 3500 S~RISE HIGHWAY, SUITE D-203 7~~' ~¢~ ~'m~ G~ATRIVER, NY 11739 ~~o, II LI 13-345A EAST MARION FIRE DEPARTMENT 9245 MAIN ROAD SITfi ~Pfi: COLO~TIO~ OH EXlSII~6 F~G APPROVAL R~IEW FORM . VlC~I~ MAP ~ .~ SHEET INDEX PROJECT SUMMARY /I SUBMI~ALS 3500 SUNRISE H~.. ~. 0-203 LI 13-345A GR~T RNER, ~ 11759 /H ~ST MARION FIRE IH ~ ~ H TITLE SHE~ DO NOT SCALE DRAWINGS ii~ H / / GENERAL NOTES CONSTRUCTION NOTES ABBREVIATIONS ~.~ ~ ~.~. ELECTRICAL DESIGN CRITERIA NOTES .~o.~o~. ~~o.~ ELECTRICAL WIRING CRITERIA NOTES SCALE: 1' = 30' NO CONSTRUCTION SHALL BE DONE WITHOUT ~APPROVED SHOP DRAWINGS, CONTRACTOR TO CONSULT THE S~UCTURN. /ENGINEER PRIOR TO START OF CONS"'I~JUCTION. [[ Rr..rl~ TO LATEST RFDS / FOE ~-N~/CO~X L INFORMATION EQUIPMENT LAYOUT PLAN T-Mobile Northeast, LLC ~-~XTON SCALE: 1/4" = 1'--0" SUBMITTALS SITE LI 13-345A EAST MARION FIRE DEPARTMENT SITE PLAN & EQUIPMENT LAYOUT PLAN NO CONS1RUCllON SHALL BE DONE WITHOUT · N:~PROVED SHOP DRAWINGS. CON1RACTOR TO CONSULT THE STRUClURAL ENGINEER PRIOR TO START OF CONSTRUCTION. RIDrF-.R TO LA~¥ RFDS] FOR ANTENRA/COAX / INFORMATION SOUT.WEST EL~V^~O. T-Mobile Northeast, LLC SUBMITTALS SITE LI 13-345A EAST MARION FIRE DEPARTMENT ELEVATION ~X. ~ ' _"-/ Jr,-.u-~,~, --I I T-Mobile ,~ /-~,~ .o~. . 2 ,,2- ~. No~heast, LLC I ,,.a- I J SECTION A-A ' SECTION "B-B" - -~ ~ ~ ~/~'~~ - ~ ~"~ c.~m ~, . ~ CO..E~O~ SUBMI~ALS um,~ · rmo ~.- i J ~,~ u,m,[ El 13-345A ~ m.=o ; l, k..,..__ (,~ I ~ST MARION FIRE .u~ s~ ~ ' ' -c~.~ ~ DEPARTMENT ~ ~. ~E m~m ~ ~ * ~,.*uuu m ~'-o' ,..~,mr ~.~..~o. CONSTRUCTION ( or e DETAILS ~ ~ VEG~A~VE SCREENING ~. or ,, ~D~NL O O A~EN~ ~: .J.s. TREE P~NG · PRUNING ~t:MOUmlNG.,.s. POLE D~AIL O ".' A- ANTENNA TECHNICAL FEATURES ~/--"°-'°° ,.,~ ,o ~ ~,~ ,~ ~: "' ~ "~l~ Mobile ~ ~ .~V~'s/s J BAII~ ~CKUP ~CLOSURE ~ / ~o~[o ~ s,~~ ' - c.m~ ~. ~.. ~ ,/~' X / REINE~ED ~UREO C~ p~ ON BO0~ C~IN~ D~NL FROm w~ 'A' NOeL S-12000 B~ ~IP~ EQUIPME~ ~IN~ D~NL ,'-r j p~ ~ ~ ~.) / ........... ~*m" ~"~~L ' ' "-*' I I ~._o. I ~ ~o m ~ ~ ~ LI 13-345A ~ DEPARTMENT . , m , - · CONSTRUCTION ~ ~. ' ' " D~AILS ERICSSON RBS 3~06 U~ - SlNG~-GA~ C~N ~E ~A~ON ~IN~ D~NL~ UNK ~NCE D~NL 0 A- T-MOBILE NORTHEAST RF SYSTEM SCHEDULE ANTENNA & CABLE SCHEDULEO BILL OF MATERIALS NO. Q~'~'. DESCRIPTION MANUFACTURER PART BILL OF MATERIALS MINIMUM CABLE BENDING RADIUS MINIMUM CABLE BENDING RADIUS CHART GENERAL ANTENNA INSTALLATION NOTES REFER TO LAstlY RFDS FOR ~"{3T.N NA/COAX INFORMATION ']~PICAL CABLE SECTOR ROUTING DETNL G SECTOR T-Mobile Northeast, LLC ~-~XTON LI 13-,345A EAST MARION FIRE DEPARTMENT ANTENNA & CABLE SCHEDULE, BILL OF MATERIALS & ROUTING SCHEMAT C A-5 GROUNDINGsr~: ..T.s. RISER DIAGRAM POWER RISER DIAGRAM J I'1 ONE UNE DIAGRAM T-Mobile Northeast, LLC ~-~XTON SUBMITTALS SITE LI 13-345A EAST MARION FIRE DEPARTMENT ONE-LINE AND GROUNDING RISER DIAGRAMS, AND GROUNDING NOTES ~.~.~.0- ~ ~.~,~... ..~E~,~ JJ~,. GROUNDING NOTES T-Mobile ~, ~ ~ '= "~ _ ~ No~heast LLC '~ : ~, ~ I. ~(~) ~.o ~.~u~. ~. _) ,~,,.~ c~__~s. (.,,.) (~.,- ~ ~ ~, ~o. j ,.,,~ ~..~ ~ ~o, ,o ~ ~ GROUND B~ (MGB) GROUND BAR ,~ ~ ~') ~ ..t,s. } ~D~D GROUND ROD C~E ~ROUHDIH~ ~1 ~ ~1~ ~ ~...¢~ m ~ ~o. -~o..mo~ GROUND WE~ D~NL h t~. (s ~ LI 13-345A ~ ~' ~) (s~, ~ ~ST MARION FIRE u ~ ,o~, ~) ~/~'.~' ,~ .o~ ~ w~,,,. ~ DEPARTMENT ELECTRICAL · ~ *' ~,.. ~ ~ GROUNDING D~NLS ~ICAL GROUND ~ -¢, ~u~ ~EN~ ~B~ ~ WATERPROOFINGs~,~ ,J.s. D~NL ~ ~sm~: .J.s.C0NNE~ONS D~NL ~ ~,:BURIED~ CONDUff D~NL CONDUITsmt: ~s ~B-UP ~--2 APPROVED AS NOTED 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING, PLUMBING, STRAPPING, ELECTRICAL & CAULKING 3 INSULATION 4 FINAL- CONSTRUCTION & ELECTRICAL MUST BE COMPLETE FOR CO. REQUIREMENTS OF THE COBES OF NEW YORK STATE. NOT RESPONSIBI. E FOR DESIGN OR C~ E~RORS. APPROVAL OCCUPANCYOR USEIS UNLAWFUL WITHOUT CERTIFICATE OF OCCUPANCY UNDERWRITERSCERTIFICATE REQUIRED T-Mobile Northeast LLC 3500 SUNRISE HIGHWAY, SUITE D-203 GREAT RIVER, NY 11739 LI 13-345A · EAST MARION~FIRE DEPARTMENT 9245 MAIN ROAD EAST MARION, NY 11939 ALL CONSTRUCTIO~ SHALL SITE TYPE: COLOCATION ON EXISTING FLAG MONOPOLE MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE, N REVIEW FORM VICINITY MAP ~ ~o.~ DIRECTIONS SHEET INDEX PROJECT SUMMARY A--4 CONSmUCT1ON D~rNLS 6 CONSTRUCTION ~YPE EXISTING FLAG MONOPOLE (COLOCAi]ON) DO NOT SCALE DRAWINGS T-Mobile Northeast LLC ~-~XTON PROJECT NO: 2902.0~4 DRAWN BY: SC CHECKED [?t: K.W./K.B, SUBMITFALS SITE LI 13-345A EAST MARION FIRE DEPARTMENT TITLE SHEET 7-1 ABBREVIATIONS GENERAL NOTES CONSTRUCTION NOTES .~ ,c .. c~....o... "0. "~"" ~"°"'" T-Mobile SUBMITTALS s~, , ~., ~ ~i., ~ ortheast LLC ~ ~ ~ SURVEY OF PROP~ ~ O~ ~O~HO~ . -%. '? III ~ST MARION FIRE . · =~m~ ..~,s, uc ~ .~,. I I I DEPARTMENT ~EA~.~ AC~S 2- 2 51 ~ ~- Northeast LLC _ c~c.~ P~ ~ST MARION FIRE ~ ~'-~' ~'-o' r-o' DEPARTMENT StTE ~N & ~/~ EQUIPMENI ~YOUT COMPOUND LANDSCAPE PLAN{~ T-Mobile Northeast LLC I PROJECT NO: 2902.034 SUBMITTALS SITE LI 13-345A EAST MARION FIRE DEPARTMENT COMPOUND LANDSCAPE PLAN A-2 R~*~:.~ TO I. Alb.~¥ RF'DS FOR ANTENNA/COAX INFORMATION T-Mobile Northeast LLC ~-~XTON J I PROJECT NO: 2902.054 ORAWN BY: SC CHECKED 1~: K.W,/K.B. SUBMIIlALS SOUTHWEST ELEVATION 0 2'-8' 5'_4= 10'_8' SffE LI 13-345A EAST MARION FIRE DEPARTMENT ELEVATION A-3 ~.. ~_~o~, ~, . T-Mobile ~. /-~ .o~, Northeast LLC : [ ~ (~"'" DETAIL 'A' ~ ~ ~-~ + ~ ICE BRIDGE D~NL PIPE ~ D~L .~o~ N ~ ~L A~14120-1~0 ~ ~ SITE .R~ 1/3 ~ E ~ ~} ~LM LI 13-345A .u.~s~ ~k ~ J3 --~"P<~S~L DEPARTMENT ,. ~s~ ~[[s ~ .~..,.,~u. or ,o'-o- ,..m~ ~[. ~o CONSTRUCTION ~ ~ ~G~A~ SCREENING ~EN~ smf,.J.s TREE P~NG & PRUNIN ~t:MOU~ING..~s POLE D~AIL ~ ~[: .~.s. A ~ 4 ANTENNA TECHNICAL FEATURES m CONSTRUCTION ~ P~ ~) D~A~LS ERICSSON RBS 3106 U~ ' SH[~ NUMBER ANTENNA & CABLE SCHEDULE0 RI~ TO LATEST RFDS FOR ANI~NNA~COAX INFORMATION BILL OF MATERIALS NO. QTY. DESCRIPTION MANUFACTURER PART BILL OF MATERIALS MINIMUM CABLE BENDING RADIUS MINIMUM CABLE BENDINO RADIUS CHARI GENERAL ANTENNA INSTALLATION NOTES TYPICAL CABLE SECTOR ROUTING DETNL dPE~ pYP.) 7/a'. ~ ¢'m, roe S~CTO. HZ HZ HZ ANTENNA ROUTING SCHEMATICG DIN (F) (F) iH H 1 J T-Mobile Northeast LLC ~-~X TO N I PROJECT NO: 2902.034 SUBMITTALS SITE LI 13-345A EAST MARION FIRE DEPARTMENT SHEET TI~.E ANTENNA & CABLE SCHEDULE BILL OF MATERIALS & ROUTINGI SCHEMATIC T-Mobile ~,~-~. I~' ~ Northeast LLC SUBMI~ALS /- 1-- ,., :=_.___-'-'-"-_ ONE-LINE AN~ OROUN~I~ RISER OlAG~MS, GROONDING NOTES POWER RISER DIAG~M ~ $HE~ NUMBER ANTENNA GROUNDING DEr,NLQ EQUIPMENT (;ROUND BAR STEP 4 ANTENNA CABLE WATERPROOFING DErAIL CABLE GROUNDING KIT (CGK) DErAIL TYPICAL GROUND BAR CONNECTIONS DETNL 0 ~'-e' --Im~ UNe ~ ~D~D~: ~ GROUND ROD ~ GROUND~,_E: .~ WELL DErAIL ~-~_E:BURIED.,~ CONDUIT DErAIL GROUNDING NOTES CONDUITs~: .~ STUB-UP T-Mobile Northeast LLC PROJECT NO: 2902.054 I CHECKEO BY: T.~V./K.B. I SUBMITTALS StTE LI 13-345A EAST MARION FIRE DEPARTMENT ELECTRICAL & GROUNDING DETAILS / / ,; / N/~ HENRY L, FERGUSON MUSEUM, PORTION OF BLOCK 41 AREA= 1 7, 15fl: ACRES INC. GATE $ 89'35'20" E N/F HIRAM F. MOODY, JR, & SARAH R~ GOULARD BLOCK #l-LOT 9 AREA = 6,21-~ ACRES TOTAL = 540,00' 2237,57 2705,84 MARTHA ANNE FELL (BLOCK 41-LOT 8) LOCATION MAP IRON PIPE EDGE OF - LAWN 252,29 SCALE 1"=400' S 1983,65 -~3' ~RON P~P~ W 1601.99 1,) PLAN OF PROPERTY TO BE CONVEYED BY FISHERS ISLAND DEVELOPMENT NEW YORK; SCALE: 1 =100 FT,; CHANDLER, PALMER & KINGi NORWICH, CONN.; i~~ / / MARCH 2,1977 i 2,) PLAN OF PROPERTY TO BE CONVEYED BY FISHERS ISLAND DEVELOPMENT ASHRI.DGE CBRP,; BLOCK 41 LOT 8; FISHERS ISLAND, NEW ~ YORK; SCALE: 1 =100 FT,; CHANDLER, PALMER & KIND; NORWICH. CONN.; NOV, 1979 ~/ B,) PROPOSED LOT LINE CHANGE PREPARED FOR K, LOUISE NOBLE BOGERT; BLOCK 41; FISHERS ISLAND, NE,W, YOR?~ C,M,E,/C,P,K, DESIGN GROUP; NORWICH, CT,', DATE: 02/21/03; SCALE: ~ --100; SHEET 1 OF 1 FLAG / ¢,) 'PLAN OF PROPERTY TO BE CONVEYED BY FISHERS ISLAND DEVELOPMENT .C.ORP, TO GUIDO GOLDMAN TRUSTEE; FISHERS ISLAND, NEW YORK; SCALE', / // =IO0'T.',CH^NDLER, P^LMER&K,NO NORW,CH, CONN.: DEG. 'S7S ////// 1,) TH,S WAS PREPARED FOR THE PA, ,ES AND PURPOSE ,NDIOATED / HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ENGAGEMENT. 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN 2412.92 1972, 19 N/F HIRAM F. MOODY, JR. SARAH R. GOULARD BLOCK 41-LOT 11 AREA = 1.57:~ ACRES HIRAM ~ MOODY, JR. a SARAH R. GOULARD BLOCK 47-LOT 12 AREA = 1.04~ ACRES QUALITY CONTROL CERTIFICATION GROUP DATE HIRAM ~ MOODY, JR. SARAH R. GOULARD BLOCK 41-LOT 10 AREA = 1.05~ ACRES // // ,/ // // // 2475,22 2205.40 ITEM IN ANY WAY. 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LANB SURVEYOR, 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "NIN" 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 10, BLOCK 6, LOTS 1,4,1.5,1,8 & 1,7. 6.) TOTAL AREA = 9.87± ACRES, 7,) SITE IS LOCATED iN R-120 ZONE, E APPROXIMATE BURIED UTILITIES WOOD FENCE EDGE OF LAWN 50 25 0 5O SHEET 1 OF 1 AREA-3.0583 ACRES · =MONUMENT ANY AL TERA TION OR AI~DITION TO THIS SURVEY ~$ A VIDLA T]ON SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-31-03-11.31 SCALE: i'--30' NOVEMBER 5, 2009 (631) 765 - 5020 F/%X (631) 765-1797 P, D, BOX 909 SOUTHOL~ N,Y, 11971 ~PROPOSED 6'-HIGH T-M COMPOUND Z~.~/NORTHEAST FENCE PROPOSED VEGETATIVE SCREENING AROUND T-MOBI NORTHEAST EQUIPMENT AREA TO BE PROVIDED BY T-MOBILE NORTHEAST - (1004.) EASTERN RED CEDAR TREES (MIN, 10 FEET TALL) (T'(P.) 4' O.C. (2) ROWS STAGGERED, 3' BETWEEN ROWS, MIN. OF 3' OUTSIDE PROPOSED COMPOUND FENCE EXISTING 6' HIGH AT&T COMPOUND A'F&T 5'-WIDE LANDSCAPE SUFFER (FROM CINOULAR CONSTRUCTION DRAWINGS DATED 3/30/2007) (TYP. ON NORTH, EAST & WEST SIDES OF AT&T COMPOUND) NEWLY PLANTED VEGETATIVE SCREENING AROUND AT&~ EQUIPMENT AREA, PROVIDED BY AT&T PER CINGULAR (AT&T) CONSTRUCTION DRAWINGS DATED 5/,30/2007 - (12) EASTERN RED CEDAR TREES (MIN. 10 FEET TALL) O~(P.) PROPOSED T-MOBILE NORTHEAST LEASE AREA = 2804. SQ. FT. (12'-0"x23'-3") (MIN.) 5'-0" (~'p,) (~(P.) X X X--X X / / ',./ __ X EXISTING AT&T EQUIPMENT AREA ' EX[STING AT&T ICE BRIDGE PROPOSED ICE BRIDGE EXISTING lID'-HIGH FLAG MONOPOLE - EXISTING COMPOUND LANDSCAPE PLANO SCALE 1/4"=1' O" 0 2' 0" ,¢'-0" 8' 0" SCALE: 1/4" = 1' 0" t: CARRIERS WILL MAINTAIN SCREENING FOR THE LIFE OF THE FACILITY. NOTE: CONTRACTOR TO IMMEDIATELY NOTIFY TIlE ENGINEER OF ANY DISCREPANCIES BETWEEN THE EXISTING SITE CONDITIONS AND THAT WHICH ARE REPRESENTED HERE. T-Mobile Northeast LLC 3500 SUNRISE IIWY., SUITE D-203 GREAT R1VER, NY 11739 M- XTO N MAXTON TECHNOLOGY, lNG BAY STATE DESIGN BAY SLATE DESIGN, lNG ENGINEER NO ,902 o: S U B M [TTALS REV 2 08 27 10 PER TOWN COMMENTS REV 1 04 09 10 ZONING FINAL REV 0 03-30-10 ZONING TBIS DOCUMENT IS THE CREATION, DESIGN, PROPERTY AND COPYRIGHTED WORK OF T MOBILE NORTHEAST LLC ANY DUPLICATION OR USE WIIlIOUT EXPRESS WRII~EN CONSENT IS STRICTLY PROHIBITED DUPLICATION AND USE BY GOVERNMENT AGENCIES FOR TFIE PURPOSES OF CONDUCTING TBEiR LAWFULLY AUTHORIZED REGULATORY AND ADMINISTRATIVE FUNCTIONS IS SPECIFICALLY ALLOWED IF 'tHiS DRAWING IS NOT 24"X36", IT IS NOT TO SCALE SITE I 5-,SzkSA EAST MARION FIRE DEPARTMENT 92'15 MAIR ROAD EAST MARION, NY 11959 SHEET TITLE COMPOUND LANDSCAPE SHEET NUMBER