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HomeMy WebLinkAbout2015-05-12 - Board of Trustees Meeting Documents VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, MAY 12, 2015 7:00 P.M. —EXECUTIVE SESSION: property acquisition 7:30 P.M. —REGULAR MEETING: PLEDGE OF ALLEGIANCE: REPORT/PRESENTATIONS: 1) Public Discussion regarding Street Lights in Byram Ridge AFFORDABLE HOUSING: PUBLIC HEARINGS: 1) Considering a Special Permit and Site Plan Application by New York SMSA Limited Partnership DBA Verizon Wireless for an attached public utility wireless telecommunications facility at 965 Anderson Hill Road RESOLUTIONS: 1) Considering a Special Permit and Site Plan Application by New York SMSA Limited Partnership DBA Verizon Wireless for an attached public utility wireless telecommunications facility at 965 Anderson Hill Road 2) Authorizing Frederick P Clark to prepare recreation properties' zoning amendments. 3) Considering authorizing the use of Village Streets for the 2015 Pre-Prom events. 4) Requesting that the New York State Department of Transportation conduct a traffic warrant study at the intersection of King Street and Comly Avenue 5) Considering authorizing the use of Village Streets for the BRAKING AIDS bike ride 6) Resolution referring a local law concerning the permissible locations for professional office uses to the Village of Rye Brook Planning Board 7) Considering authorizing an agreement between the Village of Rye Brook and the Westchester County Department of Corrections for prisoner transportation. 8) Considering Consolidated Local Efficiency Plan certifications 9) Considering the approval of an Inter-Municipal Agreement with Westchester County for the use of the Westchester County Firing Range l 0)Considering the approval of an Inter-Municipal Agreement with Westchester County to access booking records contained in the RICI system 11)Considering entering into an agreement with the Carver Center for the use of certain facilities by the Village Recreation Department 12)Considering the approval of Minutes from April 14, 2015 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS May 26 and June 9, 2015 May 12, 2015 RESOLUTION GRANTING SPECIAL PERMIT AND SITE PLAN APPROVAL TO NEW YORK SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS FOR AN ATTACHED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY AT THE DORAL ARROWWOOD HOTEL WHEREAS, the Rye Brook Board of Trustees (the "BOT") is currently considering an application by New York SMSA Limited Partnership dba Verizon Wireless ("Verizon") for a special permit and site plan approval to construct an attached public utility wireless telecommunications facility on the roof of the Doral Arrowwood Hotel located at 965 Anderson Hill Road in the PUD Zoning District (hereinafter the "Application" or "Proposed Action"); and WHEREAS, the Proposed Action is an Unlisted Action pursuant to the State Environmental Quality Review Act (SEQRA); and WHEREAS, on January 13, 2015, the Board of Trustees referred the Application to the Rye Brook Planning Board for a report and recommendation, and such report and recommendation was adopted by the Planning Board and referred to the Board of Trustees on April 9, 2015; and WHEREAS, on April 14, 2015, the Board of Trustees circulated a Notice of Intent to declare itself Lead Agency for purposes of a coordinated environmental review pursuant to SEQRA; and WHEREAS, the Rye Brook Architectural Review Board, being the only other Involved Agency, issued a signed response to the Notice of Intent on April 27, 2015 indicating that it does not wish to serve as Lead Agency for purposes of the Application; and WHEREAS, on April 9, 2015, notice of the Application was sent to the Westchester County Planning Board in accordance with NYS General Municipal Law § 239-m and the Westchester County Administrative Code; and WHEREAS, on May 4, 2015, notice of the Application was sent to the Town/Village of Harrison, New York, and the Town of Greenwich, Connecticut, in accordance with NYS General Municipal Law § 239-nn and the Westchester County Administrative Code; and 1313/08/54466611 5/12/15 WHEREAS, the Board of Trustees members reviewed and considered the following application materials and plans concerning the Proposed Action: 1. Short Environmental Assessment Form 2. Site Plan Application and Checklist 3. Exterior Building Permit 4. Application for Wireless/Attached Wireless Telecommunications Facility Special Permit 5. Existing Coverage Map, no date, no preparer 6. Letter to the Board of Trustees from Snyder and Snyder, LLP, Tarrytown, N.Y., dated December 3, 2014 7. Letter to the Planning Board from Tectonic Engineering and Surveying Consultants PC, Mountainville, N.Y., dated March 25, 2015 8. Copy of Submission Letter to Westchester County Airport from Snyder and Snyder, LLP, Tarrytown, N.Y., dated March 17, 2015 9. Printout of Notice of Proposed Construction or Alteration— Off Airport submitted by the Applicant to the Federal Aviation Administration 10.Statement in Support of Application for Special Permit and Site Plan Approval for Public Utility Wireless Telecommunications Facility, from Snyder and Snyder, LLP, Tarrytown, N.Y., dated November 24, 2014 11.Statement from All Aljibori, Verizon Wireless, West Nyack, N.Y., dated March 25, 2015 12.Statement in Support from All Aljibori, Verizon Wireless, West Nyack, N.Y., dated June 24, 2014 13.Noise Report for Proposed Back-Up Generator prepared by Tectonic, Mountainville, N.Y., dated November 5, 2014 14.Antenna Site FCC Compliance Assessment and Report, prepared by Pinnacle Telecom Group, Cedar Knolls, N.J. dated October 31, 2013 15.Visual Impact Assessment, prepared by Tectonic Mountainville, N.Y. dated November 7, 2013 16.Supplemental Visual Impact Assessment, prepared by Tectonic Engineering and Surveying, PC, Mountainville, N.Y. dated March 18, 2015 17.Structural Capacity Verification, prepared by Tectonic Mountainville, N.Y. dated November 5, 2014 18.Collocation Acknowledgement Statement from Ryan Maybeck, Verizon Wireless, West Nyack, N.Y., dated November 5, 2014 19.Proposed Form of Removal Bond prepared for Verizon Wireless, no date, not executed 20.Supplemental Technical Review Memorandum to the Rye Brook Board of Trustees and Rye Brook Planning Board from HDR, Mahwah, N.J., dated April 1, 2015 21.Technical Review Email to Michael Sheridan, from HDR, Mahwah, N.J., on February 25, 2015 1313/08/54466611 5/12/15 -2- 22.Engineer's Plans, prepared by Tectonic, Mountainville, N.Y., dated November 5, 2014 Sheet Number Sheet Title Date T-1 Title Sheet 10/15/13 rev. 3/20/15 C-1 Plot Plan, Setback Map and Notes 10/16/13 rev. 3/20/15 A-1 Site Plan & Generator Detail Plan 10/16/13 rev. 3/20/15 A-2 Site Detail Plan and Elevation 10/16/13 rev. 3/20/15 A-3 Details 10/16/13 rev. 3/20/15 and WHEREAS, the Board of Trustees also reviewed and considered the report and recommendation of the Rye Brook Planning Board dated April 9, 2015; and WHEREAS, on May 12, 2015, the Board of Trustees opened a public hearing on the Proposed Action, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Application, and WHEREAS, the Board of Trustees then closed the public hearing on May 2015; and WHEREAS, the Board of Trustees is fully familiar with the site and all aspects of the Application. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby declares itself Lead Agency for purposes of SEQRA; and BE IT FURTHER RESOLVED, that after taking a "hard look" at the Short Environmental Assessment Form and all of the associated materials prepared in connection with the Application, the Board of Trustees, as Lead Agency, hereby adopts the attached Negative Declaration regarding the Proposed Action for the reasons stated therein; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby grants special permit and site plan approval for the Proposed Action, as shown in the Application materials enumerated above, subject to the following conditions and modifications: 1. The FAA and Westchester Airport provide confirmation that the Proposed Action will not adversely impact flight patterns, flight equipment or air traffic communications; 2. The Applicant shall prepare and submit a final structural analysis for approval by the Building Inspector demonstrating that the Proposed Action will not compromise the structural integrity of the underlying building; and 1313/08/54466611 5/12/15 -3- BE IT FURTHER RESOLVED, that no permits shall be issued until the applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this application. 1313/08/54466611 5/12/15 -4- BR O WCV VV�J� 19t}2 VILLAGE OF RYE BROOK MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR Paul S. Rosenberg (914) 939-1121 Fax(914) 939-0242 Christopher J. Bradbury www.ryebrook.org TRUSTEES Susan R. Epstein David M. Heiser Jason A. Klein Jeffrey B. Rednick PUBLIC NOTICE NOTICE IS HEREBY GIVEN, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on Tuesday, May 12, 2015 at 7:30pm, at Village Hall, 938 King Street, Rye Brook,New York to consider a Special Permit and Site Plan Application by New York SMSA Limited Partnership DBA Verizon Wireless for an attached Public Utility Wireless Telecommunication Facility at 965 Anderson Hill Road. Christopher J. Bradbury Village of Rye Brook, New York April 9, 2015 APPROVED 5-0 RESOLUTION AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO THE BOARD OF TRUSTEES ON AN APPLICATION BY NEW YORK SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS FOR SITE PLAN APPROVAL AND A SPECIAL PERMIT TO CONSTRUCT AN ATTACHED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY AT 965 ANDERSON HILL ROAD (AKA THE DORAL ARROWWOOD HOTEL) BE IT RESOLVED, that the Rye Brook Planning Board hereby adopts the attached Report and Recommendation to the Rye Brook Board of Trustees on an application by New York SMSA Limited Partnership dba Verizon Wireless for site plan approval and a special permit to construct an attached public utility wireless telecommunications facility on the roof of the Doral Arrow Hotel located at 965 Anderson Hill Road in the PUD Zoning District. On motion by Ms. Schoen, seconded by M, Mr. Michael Nowak, Superintendent of Public Works, called the roll: APPROVING THE REFERRAL RESOLUTION: Ayes: GOODMAN, GRZAN, SCHOEN, TARTAGLIA ZUCKERMAN Nays: Abstain: Excused: ACCURSO, LAUFER REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON AN APPLICATION BY NEW YORK SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS FOR SITE PLAN APPROVAL AND A SPECIAL PERMIT TO CONSTRUCT AN ATTACHED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY AT 965 ANDERSON HILL ROAD (AKA THE DORAL ARROWWOOD HOTEL) I. APPLICATION OVERVIEW The Rye Brook Board of Trustees (the "BOT") is currently considering an application by New York SMSA Limited Partnership dba Verizon Wireless ("Verizon") for site plan approval and a special permit to construct an attached public utility wireless telecommunications facility on the roof of the Doral Arrow Hotel located at 965 Anderson Hill Road in the PUD Zoning District. The proposed facility is needed to supplement Verizon's coverage in the area and alleviate the burden on existing facilities located on Village Hall and at Purchase College, both of which are anticipated to reach their respective capacity limits later this year. On February 24, 2015, the BOT referred Verizon's application to the Planning Board for consideration and for a report and recommendation thereon pursuant to Section 209-3 of the Village Code. II. DISCUSSION A. The March 12, 2015 Meetin6 The Planning Board members reviewed and discussed Verizon's application at the Planning Board's meeting on March 12, 2015, at which time the Village staff and consultants also provided input. The Planning Board members reviewed the Village Planner's memorandum, dated March 6, 2015, setting forth the following observations and comments: 1. The applicant should provide information on whether any element of the installation will be visible from Anderson Hill Road, especially in the winter when deciduous trees are leafless. 2. Better quality copies of the photo montages, or better quality montages, should be provided for review. In addition, the same views should be re-photographed now while the trees are leafless and new montages made to illustrate the same views in winter after installation of the facility. 3. The Applicant should provide the proposed color of the flagpole, and the proposed color should be graphically indicated in the visual analysis. The Applicant also should clarify whether the flagpole will be used to fly a flag. If so, the size and color of the flag should be depicted in the visual analysis. 4. The project is within the Z-1 Airport Overlay Zone, which states that the maximum structure height in the zone is to be measured from the elevation of the surface of the Westchester Airport runway. The applicant should verify that the proposed height of the installation will not violate the maximum height allowed based on the Z-1 Airport Overlay Zone. The Planning Board also reviewed a letter from the Doral Greens Homeowners Association ("DGHOA") to the Planning Board, dated March 12, 2015, wherein the DGHOA raised questions relating to: 1. Possible health impacts associated with radio emissions. -3- 2. The actual need for siting the project at the proposed location. 3. Potential impacts on property values. 4. The height of the project and potential impacts on planes and flight patterns at the Westchester Airport. The Planning Board considered each of these issues, with input from the Village staff and consultants. Responsive information is provided below. The Planning Board members also reviewed and considered a memorandum to the Planning Board and the Board of Trustees, dated March 12, 2015, from the Village's engineering consultant, HDR. Michael P. Musso of HDR was in attendance at the meeting on March 12" and gave an in-person presentation to the Board. Mr. Musso offered the following conclusions and recommendations concerning the application: 1. The applicant should submit more detailed information concerning existing Verizon sites, trends in call and data traffic and the need for capacity relief around the site area to supplement information in the affidavit submitted by the applicant's RF engineer. Specific information requests were provided in HDR's February 25, 2015 Supplemental Information Request to the applicant. 2. Radio emissions from the project site are anticipated to be well within the maximum permissible exposure levels prescribed under the FCC regulations. 3. Based on the proposed project dimensions, the project will not violate FAA rules and regulations, or require special FAA markings or lighting, nor will it violate the height restrictions under the applicable provisions of the Village Code. -4- 4. Proposed screening on the south, west and north sides of the equipment platform should be extended onto the east side as well. 5. All equipment (including the emergency generator), cables and conduits on the roof should be color-matched to the screening walls. 6. FCC compliant signage should be installed, inspected and maintained. 7. The hotel should implement access protocols for the roof area. 8. The project information should be forwarded directly to the Westchester County Airport for review and comment. 9. A final structural analysis should be provided to the Village Building Department as part of the building permit application. Based on the foregoing, the Board members made the following observations and comments concerning Verizon's application: 1. With respect to potential health concerns, the Planning Board has been advised by counsel that the Village and its constituent boards do not have authority to investigate this issue. Under the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B), specifically, the Village cannot regulate "the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." Accordingly, the Village's inquiry into this subject is limited to confirming that the radio frequency emissions from the operation of the project will comply with -5- FCC regulations. The applicant has submitted documentation indicating that the project will comply with FCC radio emission standards. This information has been confirmed by HDR in its memorandum to the Planning Board. 2. With respect to the proposed site of the project, Verizon should provide the information requested in HDR's Supplemental Information Request, dated February 25, 2015, which includes requests for information supporting the need for the project at the proposed site. 3. With respect to impacts on property values, there is no evidence before this Board suggesting that the proposed siting of the project will have an impact on residential property values in the area. 4. With respect to impacts on air traffic and the Westchester Airport, HDR has provided information indicating that the project will not violate FAA or Village height restrictions and that special markings or lighting will not be required. However, this application should be provided to the Westchester County Airport for review and comment. B. The April 9, 2015 Meeting The Planning Board continued its review of Verizon's application at its meeting on April 9, 2015. The Planning Board reviewed a Supplemental Tech Memo from Mr. Musso (HDR), dated April 1, 2015, responding to supplemental information Verizon -6- provided following the Planning Board's March 12th meeting. Mr. Musso made the following additional conclusions and recommendations: 1. Consistent with Mr. Musso's previous comments, Verizon proposes to fully enclose the facility's equipment with cream-colored vinyl siding. However, the proposed canopy for the facilities should also be color- matched. 2. Verizon has submitted satisfactory information demonstrating that the project is necessary to improve service in the area by alleviating the burden on existing facilities on Village Hall and at Purchase College, both of which are expected to reach their respective capacity limits later this year. 3. The applicant has submitted notices to the Westchester Airport and the FAA, dated March 17, 2015 and March 23, 2015, respectively. The Westchester Airport has reportedly deferred to the FAA. The FAA's response is still pending. The applicant should track the responses from the Westchester Airport and FAA and report them back to the Village Board. Approval of a building permit for the project could be made contingent on a favorable response from FAA's determination. 4. A complete structural analysis is still required to ensure that the facility will not compromise the structural integrity of the building, but can be made a condition of approval for the project. The Planning Board also considered the Memorandum from Village Planner, F.P. Clark Associates, dated April 2, 2015. The Village Planner reported that all outstanding -7- comments concerning visual impacts and zoning have been addressed to their satisfaction. The only outstanding recommendation is that Verizon report to the Village Board on the Westchester Airport's and FAA's official responses to the application. III. CONCLUSIONS Based on the foregoing, the Planning Board is satisfied that Verizon's project will not have significant adverse impacts on air quality, noise, traffic, light, aesthetics or neighborhood character. The Planning Board is further satisfied that the project will comply with the FCC's regulations governing radio frequency emissions. Confirmation is still needed from the Westchester Airport and/or FAA that the project will not interfere with plane equipment or air traffic. A final structural analysis prepared by the applicant also needs to be submitted to the Village Building Inspector to confirm that the project will not compromise the structural stability of the hotel building. Pending these confirmations, the Planning Board is satisfied the project will not pose a safety risk to the Village or its residents. It is evident based on the information provided by the applicant and the Village's engineering consultant (HDR) that Verizon's project is necessary to improve and guaranty the quality of communication services provided by Verizon and on which so many Village residents have come to rely. IV. RECOMMENDATIONS Based on discussions at its March 12th and April 9th, 2015 meetings, the Planning Board hereby recommends to the BOT that it approve Verizon's application, provided: -8- 1. The FAA and Westchester Airport provide a favorable response with respect to the application. 2. Approval of the application should be conditioned on the Village Building Inspector's acceptance of a final structural analysis prepared by the applicant demonstrating that the project will not compromise the structural integrity of the hotel building. 3. All outstanding comments and recommendations by the Village consultants and staff are fully addressed before the application is decided. Dated: Rye Brook, New York April 9, 2015 On motion by Ms. Schoen, seconded by Mr. Goodman, Mr. Michael Nowak, Superintendent of Public Works, called the roll: APPROVED AT THE APRIL 9, 2015 MEETING OF THE RYE BROOK PLANNING BOARD BY A VOTE OF 5- to -0— ACCEPTING THE REPORT AND RECOMMENDATION: Ayes: GOODMAN, GRZAN, SCHOEN, TARTAGLIA, ZUCKERMAN Nays: Abstain: Excused: ACCURSO, LAUFER -9- MEW YORK SMSA LIMITED QED PA II�TNERSHIP d/b/a verizo ■ wireless �T WEST NYACK, NEW YORK PUBLIC UTILITY ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY 965 ANDERSON HILL ROAD RYE BROOK, NY 10573 SITE INFORMATION VW SITE TYPE: NEW BUILD VW PROJECT CODE 2011813945 T ,I SITE DESCRIPTION: ATTACHED WIRELESS TELECOMMUNICATIONS t J FACIUTY;INSTALL NEW UNMANNED EWIPMENT CABINETS&POLE WITH INTERIOR 'f + SIX(6)ANTENNAS ON THE EXISTING ROOFTOP AND A BACKUP GENERATOR AT GRADE. SITE PROJECT LOCATION: 965 ANDERSON HILL ROAD nSIfL RYE BROOK,NY 10573 . BUILDING OWNER. DORAL ARROWWOOD .0.� - 975 ANDERSON HILL ROAD, RYE BROOK,NY 10573 O / SITE CONTACT MICHAEL (914)935-6-6 2628 I " y VW LEASING CONTACT: TECTONIC ENGINEERING&SURVEYING CONSULTANTS,P.C. DANA BROCKLEBANK (845)567-6656 EXT.2807 VW CONSTRUCTION CONTACT: CLARENCE JONES (646)423-3072 A/E(ENGINEER)CONTACT: TECTOM ENGINEERING CELE &SURVEYING ENCONSULTANTS,P.C. VICINITY MAP AREA MAP (845)567-6656 EXT.2811 ELECTRICAL COMPANY CONSOLIDATED EDISON CONTACT:CUSTOMER SERVICE PHONE:(800)752-6633 TELEPHONE COMPANY VERIZON NEW YORK,INC. (845)890-7100 LATITUDE: 41'02'44.73"N(NAD 83) LONGITUDE: 73'41'20.13"W(NAD 83) ELEVATION: 287'-1"2 ANSI. JURISDICTION: VILLAGE OF RYE BROOK SECTION: 129.34 ?E OF NYOU 9M9A MT RD BLOCK: 1 21T I/e/ LOT(S): 45 0°' LIlO .s.,.aN.e c�.w•no% twa _ ZONING DISTRICT: P.U.D.—PLANNED UNIT DEVELOPMENT to/tNt3 __ :'. x� '�`:e�.uw;es Upyw w.w o moi Z �;re e+o TITLE SBEBT --MMAE a. M f I. ��'.. 6 ANDERSON BILL ROAD f' 4 a>MLt4 O�""••` 6, " RYE BROOK,NY 10573 II wA>•/u ern O^=r,.m. 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(845)567-6656 FAX(845)567-8703 1279 Route 300 www.tectonicengineering.00m Newburgh,NY 12550 Village of Rye Brook Planning Board Rye Brook Village Hall 938 King Street Rye Brook, New York 10573 March 25,2015 RE: New York SMSA Limited Partnership d/b/a Verizon Wireless Special Permit and Site Plan approval for Proposed Public Utility Wireless Telecommunications Facility("Facility") On the Doral Arrowwood Hotel located at 965 Anderson Hill Road, Rye Brook, NY RESPONSE TO COMMENTS Dear Hon.Chairman Zuckerman and Members of the Board: As you recall,at your March 12th meeting,comments regarding the captioned matter were received from Frederick P. Clark Associates, Inc., dated March 6, 2015, and HDR, dated March 12, 2015, respectively. Kindly note that below are the responses to any outstanding comments noted therein. FEDERICK P.CLARK ASSOICATES MEMO("FPA Memo") ZONING As indicated on Drawing C-1, under the"Note"with the Bulk Requirements,the property"complies with section 250-7D of the Zoning Code of the Village of Rye Brook, since the height of the Facility is below 155',as required by the Z-1 instrument zone,where the property is located. VISUALS Attached as Exhibit 1 hereto is a Supplemental Visual Analysis which confirms that even during leaf-off conditions, the proposed Facility will not be visible from Anderson Hill Road,the so-called "Scenic Road" referenced in the FPA Memo. In addition, attached hereto as Exhibit 2 is a better quality copy of the original Visual Analysis submitted to this Board which confirms that the Facility will not have any adverse impact. In addition, Drawing A-2 has been revised to show the height of the screen walls as well as the height of the equipment which will be completely obscured by the screen walls. Moreover, Drawing A-2 indicates that the flagpole will be "white." This color is already used to represent the flagpole in the photo simulations. A flag is not proposed in connection with the flagpole. PLANNING • ENGINEERING . CONSTRUCTION AND PROGRAM MANAGEMENT An Equal Opportunity Employer mumd Practical Solutions,Exceptional Service HDR MEMO Aesthetics As requested by HDR, a screen wall has been added on the east side of the equipment platform, as indicated on Drawing A-2. It is our understanding that since the equipment will be surrounded on all sides by screen walls,the additional comments regarding the color of the equipment are no longer applicable. Capacity Data Attached hereto as Exhibit 3 is a report from Verizon Wireless' RF engineer regarding the Facility, which includes the requested capacity data and indicates the anticipated time when those nearby sites will reach critical capacity,thereby confirming the need for the Facility. RF Safety In connection with construction of Verizon Wireless' Facility, protocols such as signage have been established for rooftop access for persons not trained in RF emissions. FAA/Airport The project information was submitted directly to the Westchester County Airport ("Airport") pursuant to the submittal attached hereto as Exhibit 4. Pursuant to the Airport's request, Verizon Wireless submitted the applicable notice to the FAA,which is attached thereto. Structural Analysis As HDR requested, Verizon Wireless will provide the necessary structural certification/analysis to the Village Building Department during the Building Permit review process, as well as comply with the applicable building codes during construction of the Facility. Please contact me at (845) 567-6656 ext. 2811 if you have any questions or require any further information. Sincerely, TECTONIC Ea ward9amied Edward N. lamiceli, P.E. Senior Project Manager I I EXHIBIT 1 Supplemental Visual Analysis TECTONIC CORPORATE OFFICE Mountainville,NY (800)829-6531 PO Box 37,70 Pleasant Hill Road (845)534-5959 FAX:(845)534-5999 Mountainville,NY 10953 www.tectonicengineering.com Hon. Chairman Zuckerman and Members of Village of Rye Brook Planning Board Rye Brook Village Hall 938 King Street Rye Brook, New York 10573 March 18, 2015 RE: VISUAL IMPACT ASSESSMENT New York SMSA Limited Partnership d/b/a Verizon Wireless Wireless Telecommunications Facility on roof of Doral Arrowwood 965 ANDERSON HILL ROAD, RYE BROOK WESTCHESTER COUNTY, NEW YORK Dear Hon. Chairman Zuckerman and Members of the Planning Board: In connection with the memorandum ("FPA Memo") from Frederick P. Clark Associates, Inc., dated March 6, 2015, with respect to the captioned matter, Tectonic Engineering & Surveying Consultants, P.C. was retained by Verizon Wireless to conduct a Supplemental Visual Resource Evaluation focusing on the"scenic road"(a/k/a Anderson Hill Road)during leaf-off conditions. Below is the Visual Impact Evaluation regarding the new pictures taken in connection with the supplemental evaluation. As detailed below, these visuals confirm that Verizon Wireless'proposed wireless facility("Facility') consisting of an RF transparent flagpole and related equipment on the rooftop of Doral Arrowwood will not be visible from Anderson Hill Road. SUPPLEMENTAL VISUAL RESOURCE EVALUATION 1.0 SETTING The proposed Facility is located at 965 Anderson Hill Road in the Village of Rye Brook. The surrounding land use along Anderson Hill Road is primarily residential, recreational, and commercial use. 2.0 METHODOLOGY On March 16, 2015, Tectonic Engineering & Surveying Consultants, P.C., conducted a field investigation for the purpose of evaluating the views associated with the proposed rooftop Facility from various locations along Anderson Hill Road. Weather conditions were partly cloudy and cool with temperatures around 40 degrees. BE= Practical Solutions,Exceptional Service 965 Anderson Hill Road 2 March 18, 2015 Photographs were taken from various vantage points within the study area to document the actual view toward the existing building. Photographs were taken using a Canon EOS Rebel XT Digital SLR digital camera with an 18 to 55 millimeter zoom lens. Unless otherwise noted, the zoom lens was set to approximately 31 mm to achieve a field-of-view comparable to a 50mm lens on a full frame 35mm camera, thereby approximating the normal human eyesight relative to scale. Using a handheld GPS unit, the coordinates and orientation of each photograph location were taken. Each photograph attached includes a brief description of the location and orientation from which it was taken. These photograph descriptions are summarized below: 1. View from Anderson Hill Road, looking north towards the proposed Facility, from a distance of approximately 2100 feet. 2. View from intersection of Anderson Hill Road and entrance to Doral Arrowwood, looking northwest towards the proposed Facility, from a distance of approximately 1300 feet. 3. View from near the entrance to Blind Brook Club from a distance of approximately 1300 feet. 4. View from entrance to Doral Greens Drive,looking west-northwest towards the proposed Facility, from a distance of approximately 1500 feet. These photograph locations are presented on the attached "PhotoLog Map." 3.0 PROCESS A visual reconnaissance of Anderson Hill Road was conducted, looking towards the site of the proposed Facility, in order to identify possible locations of partial or full visibility. During the reconnaissance it was determined that there were no locations along Anderson Hill Road where the proposed Facility would be visible, even during leaf-off conditions. 4.0 CONCLUSION As demonstrated by this evaluation and our prior evaluation, Verizon Wireless' proposed Facility at Doral Arrowwood will have no adverse visual impact to the surrounding area, and the Facility will not even be visible from Anderson Hill Road. Practical Solutions,Exceptional Service 965 Anderson Hill Road 3 March 18, 2015 If you have any questions or comments,please call the undersigned. Sincerely, TECTONIC ENGINEERING & SURVEYING CONSULTANTS P.C. f ZhLO Peter T. Sutherland P.E., L.E.P., C.P.G. Vice President, Manager of Environmental Services Approximate Typical PHOTOLOG MAP CL fiery, Photo Location A- ~' PROPOSED ATTACHED ANTENNA INSTALLA- �� NiSheries +► l TION ON AN EXISTING BelleFair,.,,kWhflleSTRUCTURE q� mae ■ Collection dela+�� yNa� Suny I +� hase tom' brary ThGreat S! .�e��ehEd4c 965 ANDERSON HILL RD e n eRYE BROOK rn E$ =MA � anOr �n 9Fiy�` WESTCS RK E COUNTY NEW Clued r ed N S� 1 arbucks 9ai„rncx Slate Urtiiiersity ` of flew Yirrk- c. %A w Purchase College 5 Doral Atrowwood N Hotel Conference.u. Center r1 ¢ �� �13xt�,Lri 11 f swlreless Water Baptist Cemetery ' P6te© J6 PREPARED FOR: ■ K5L Capital c4 Partners = a a�pr G PREPARED BY: PepsiCo Fypi� t s $p Trattoria Brigit E , 130A �,. • tiB'2 Huwyler S.Employees Federal Credit Union 1 a `� r M n'tl * PractitalSolution%ExceptlonalSwAte ,ile v Cemetery Kala toga sro 41�o1.,WaodS ;� shads XPi � S irl1.11,P � Faehouose fl 70 PLEASANT HILL ROAD a �s MOUNTAINVILLE,NY 10953 nmer ,F 845534-5959 Group (FAX)845-534-5999 � an rid "o ,°ru G Blind Brook '= High School CED 6 f y en 4t Bruno M s Bye Brook stare}° Midge Street, Street School pohterio Ridge {' Blind Brook:_ Athletic Fields �a r ''ur Baseball Field'`° Baseball Field's31 W.O.#6666.PURC2 March 2015 qs x Coals r rE.r•,-'ti�• ��•1 � l■yyj yyf�y�y rl ,�� �f� i .y � �;I R - _ fid�•i{t! ,k��. ' � �"r j'�� .�.'-► P� � � S f'�� 'i "k�'� �' "—A .P�'.�i�k' 7b� gs a?-" J ~`. � ._S;•("r: .� ..' �«�, !fir r�- TECTONIC PIN K - LOOKING NW FROM INTERSECTION OF ANDERSON HILL RD.AND TECTONICENTRANCE TO DORAL ARROWWOOD P-2 PROPOSED FACILITY WILL NOT BE VISIBLE FROM THIS LOCATION Pratt;cal Solutions,Exteptiwial Service DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 1300'± 6666.PURC2 LA% .. NON y. •+ yam'_ ���• ,� +s ���'�. +�- -.►. Ort � •" .,� '� . ' :•�ii •: �? 44, kv w p-lroa � 1 i will -„i►�1 y � �,may`-�►.'t`���`.'�.`�I���� may- tel. `� �r� � •� r LOOKING NW FROM TECTONIC PROPOSED FACILITY DISTANCE FROM THE . . _ LOCATION TO LOCATION !•� rr Frl.. .v ''ti I .. f — - �•� t ..;may lip s - - Imp a iI !Nr ■1 n nl 3I CTONIC LOOKING W-NW FROM ENTRANCE TO DORAL GREENS DRIVE PROPOSED FACILITY WILL NOT BE VISIBLE FROM THIS LOCATION P-4 DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 15001t �tatfudl Sclluti;.�tts.Ext�t:i:xtai�rvi�e 6666.PURC2 EXHIBIT 2 Visual Analysis VISUAL RESOURCE EVALUATION PROPOSED ATTACHED WIRELESS TELECOMMUNICATIONS INSTALLATION 965 ANDERSON HILL ROAD RYE BROOK WESTCHESTER COUNTY NEW YORK Submitted by: Il�l��flwireless 175 Calkins Road Rochester, NY 14623 Prepared by: TECTONIC ENGINEERING & SURVEYING CONSULTANTS, P.C. 70 Pleasant Hill Road Mountainville, New York 10953 845-534-5959 845-534-5999 FAX W.O. #6666.PURC2 6/25/2014 I CORPORATE OFFICE Mountainville,NY (800)829-6531 Ptackal Sa Wbus,EACeplioml Service PO Box 37,70 Pleasant Hill Road (845)534-5959 FAX:(845)534-5999 Mountainville,NY 10953 www.tectonicangineedng.com Verizon Wireless 175 Calkins Road, Rochester, NY 14623 November 7, 2013 Revised June 25, 2013 RE: W.O.: # 6666.PURC2 VISUAL IMPACT ASSESSMENT, 965 ANDERSON HILL ROAD, RYE BROOK WESTCHESTER COUNTY, NEW YORK Tectonic Engineering & Surveying Consultants, P.C., was retained by Verizon Wireless to conduct a "Visual Resource Evaluation" to determine the potential visibility of a proposed attached rooftop installation on an existing building located at 965 Anderson Hill Road in the Village of Rye Brook, Westchester County, NY. 1.0 SETTING The proposed installation is located at 965 Anderson Hill Road in the Village of Rye Brook. The surrounding land use along Anderson Hill Road is primarily residential, recreational, and commercial use. 2.0 METHODOLOGY On November 3, 2013, Tectonic Engineering & Surveying Consultants, P.C., conducted a field investigation for the purpose of evaluating the views associated with the proposed rooftop installation from various locations in the neighborhood. Weather conditions were partly cloudy and cool with temperatures around 55 degrees. The study area consisted of an approximate Y2 mile radius from the project site. Photographs were taken from various vantage points within the study area to document the actual view toward the existing building. Photographs were taken using a Canon EOS Rebel XT Digital SLR digital camera with an 18 to 55 millimeter zoom lens. Unless otherwise noted, the zoom lens was set to approximately 31 mm to achieve a field-of-view comparable to a 50mm lens on a full frame 35mm camera, thereby approximating the normal human eyesight relative to scale. Using a handheld GPS unit, the coordinates and orientation of each photograph location were taken. Each photograph attached includes a brief description of the location and orientation from which it was taken. These photograph descriptions are summarized below: Praclical Saloum.ExcepOwalSer ice 965 Anderson Hill Road 2 November 7, 2013 Revised June 25, 2013 1. View from Anderson Hill Road, looking north towards the proposed installation, from a distance of approximately 2100 feet 2. View from intersection of Anderson Hill Road and entrance to Doral Arrowwood, looking northwest towards the proposed installation, from a distance of approximately 1500 feet. 3. View from the entrance to Blind Brook Club, looking northwest towards the proposed installation, from a distance of approximately 1400 feet. 4. View from entrance to Doral Greens Drive, looking west northwest towards the proposed installation, from a distance of approximately 1300 feet. 5. View from end of Doral Greens Drive E, looking west towards the proposed installation, from a distance of approximately 1200 feet. 6. View from Doral Greens Drive W, looking north towards the proposed installation, from a distance of approximately 500 feet. 7. View from Doral Greens Drive W, looking north towards the proposed installation, from a distance of approximately 300 feet. 8. View from intersection of King Street and Hettiefred Road, looking southwest towards the proposed installation, from a distance of approximately 1900 feet. 9. View from intersection of King Street and International Drive, looking south towards the proposed installation, from a distance of approximately 2000 feet. 10. View from intersection of High Point Circle and Bellefair Road looking south towards the proposed installation, from a distance of approximately 2400 feet. 11. View from Bellefair Road, looking southeast towards the proposed installation, from a distance of approximately 2200 feet. 12. View from intersection of Bellefair Road and Fellowship Lane looking southeast towards the proposed installation, from a distance of approximately 2600 feet. These photograph locations are presented on the attached "PhotoLog Map." 3.0 PROCESS The digital images were merged and manipulated through the use of the image editing software "Adobe PhotoShop CS5." With this process, the proposed antenna and associated equipment were scaled to the correct location and height, relative to the PRO 965 Anderson Hill Road 3 November 7, 2013 Revised June 25, 2013 existing building. Copies of the existing conditions and the photographic simulations are attached. 4.0 CONCLUSION The potential visibility of the proposed installation is primarily limited to the immediate area. As the proposed installation includes a stealth flagpole and a stealth enclosure, the proposed addition of Verizon Wireless equipment on the Building at 965 Anderson Hill Road will have little to no adverse impacts on existing views of the Building. Beyond the immediate area, the building and proposed installation are obstructed by mature vegetation, the sloping landscape, and/or intervening buildings. If you have any questions or comments, please call the undersigned. Sincerely, TECTONIC ENGINEERING & SURVEYING CONSULTANTS P.C. 1j -r 'a4Lj Peter T. Sutherland P.E., L.E.P., C.P.G. Vice President, Manager of Environmental Services N a= ' �, � �,,�, _ Approximate Typical PHOTOLOG MAP o. a Photo Location '� PROPOSED ATTACHED �;. ANTENNA INSTALLA- TION ON AN EXISTING Bew O „ STRUCTURE ld, CollecV Sung V br Li ary # S:%CA"'965 ANDERSON HILL RD Th e r areal Low" '' RYE BROOK ` 9,`tis WESTCHESTER COUNTY S 1 xalt i r.jn+`` � NEW YORK Quad x• arbucks Stale Urvi r rsdv of New Ycrk- Nor w H c Purchase College ,•• ? Dow Arroww000 . Bold Conference r Conte, swireless Water Baptist ■ .7ak+s' Cemetery f'flzt ' PREPARED FOR: KSL Capita) Partners r o C I PREPARED BY: Trattoria Brrgit E ® PepsiCo Huvyler ederA TECTONIC 1 , ., � ractiratSolution;Exceptional5en�ice ' Merritt � P 9 a* .may. Cay Kaia+voga , ;� rte+�• � c 4�rkyy ..Aye a awe L 70 PLEASANT HILL ROAD Fires n m MOUNTAINVILLE,NY 10953 n .•` � �' � Itevnnar 4 845-5345959 Grow (FAX)845-534-5999 4 ��`' '" Blind 8rotsu High School 1t7i+t� ` Bruno M ePomeno Rye Brook wn't+�h'ff Ridge Street street fico BWW Brook. 4twi Fields L Batsekratl Fleld :r Bap Field• ' +s' W.O.#8666.PURC2 NOV.7,2013 Revlaed NOV.8,2013 n• costs IA iIto + s .i�•� � } �! s � z 3 r •a � r•� � .r- '. Mfr :�� .r-.r .�• !r' � . .� - ..�, `^'• *!•• r.. -per--. LOOKING N FROM ANDERSON HILL RD. TEC'TBE VISIBLE ■ i. p ,v� � ►�µt..�,��f: v .61-K 0 � it �-• r• i - .� v •fit '4#• F' { •�� - ', �, .,� -�! .. .. •,rte �-�` �� - � �- TECTONIC Role] . _ . _ . . . . _ _ . . . - - . 1 . _ _ it Jw z•�ifir_,- a �' ��li y-. .'TL ;" ►r 141 ' 496. P AWL, � - r. �„-�r+•y� §z ,i Yom., .!'�+ � - y7'-y�A� - }[ ow it Ar _ �'Y•� 'fin. t L-` � � � �. - '• ►. S PIC ns of Pw N e X,44k - - t� PFAIM • _ � _ __ _ate - � - 7 . .-. .x.- IL Au ��' � ��1. is � �,.•��[ � - '�; .+ .. .F��_�►-� - •!� _ . TECTONIC , . . _ _ . : _. : _ . . f 'q `" ; rte• :lp as .�?r-• .� � �� ' � , Al 4 may; �.� �• �':X_•-�i �• •! _` r� ."'.+� / 40 711 •� 1 It �� TECTONIC . . _ . . . . - . _ .41 '# e Ttpk _7r�- .• .. �.. 31oF f - _ , TECTONIC . . _ . . . . . - _ - _ , . . . 0 A. W lilt, X0 61 ' r, . /. • -AIM.w��•�r� �.J * ...?! ��- _ -r �' •Fir �+1 fey 4" ��y� F� � alc► ..��. �_r:��.�y i�rw.+�^� `e. �;r1�/yiln+��.�'.. '• �rlr��� �1 '.rf � - -. ���►,nom;��,�.- - '+''mow s=-• � +r/ 1 �a - - -�dry_^��•• Lti r wr TECTONIC - • . - • . • - 'WILL BE VISIBLE FROM THIS LOCATION • DISTANCE FROM • • -APH LOCATION TO 7HE PROPOSED SITE is 5oo,± r W OW-1 'r•T - bra= r .dew,.• ��..rr���''''' •'+�►�If.��...r fir`. ., �1 P/}'' + ��f1�. rl 1:011 4F, IL Or I i �#ill + sr' ,y�•i; �tr.•� '.� pr. i/t6.r� �' lyt11r :•$a r. �• " ��Vii«-��i.�. �;�.���'y, �" �-'� Ad ;p�y'"� �� '+z+�''- si_r, � {.�� :, �'4 �r -q' r r. .ate t �i�y �_rw��r+ ■,�..r-'�- �! �F:r.. w� G 400wzft;r�-e -ME ++ v. I lip LOOKING W FROM DORAL GREENS TECTONIC PROPOSED FACILITY IS VISIBLE DISTANCE FROM THE PHOTOGRAPH r, r ♦ r - i .r 0,1 Ab �v ;40- ' • , Y { � 41, jW ■ . — `; �+��, y {1. ���•• ,; '� ��1 r}���h1.y .�}� � ire — z 1 _ � r'...•_. - `yam-.�� ''�• -, ;�. � � �� � fir#,. ., .• Zt4 '.-si rid ..ti' .��:?.�f .�..-. �.'�J' - .. ''-� ►� _ - r-,.►moi t` ��� :1 :` + �' +' ,'] ' S - TECTONIC • • GREENS ROPOSED FACILITY WILL BE VISIBLE FROM THIS LOCATION P-71 DISTANCE FROM1 • • • TO THE PROPOSED SITE IS 3oo,* i f i 9 a .t �. .. At t■ f Y 41 r� -tip �J '••. - - •�'f• - • _. � . . l i 3iy �*. t� 1�r ��1 Y r, �S�• �i � -ti�`- /`1� � ti LOOVJNG W FROM DORAL GREENS DPL W TECTONX .' PROPOSED FACILITY IS VISIBLE FROM THIS LOCATION S-7 DISTANCE FROM • s - -H LOCATION TO 774E PROPOSED SITE IS 300,± X• • ,y} ' � .�- r r :•r>. if �'� 'elf .ti _�'�`r`' _ +� ra or rti .... � .►7i`• �,�u �� Il��lf ����II1TIi. , r s TECTONIC . . FROM INTERSECTION . RD. HIS LOCATION . . PHOTOGRAPHI DISTANCE FROM 774E ROPOSED FACILITY WILL NOT BE . . THE PROPOSED SITE IS 19001:t 6666.PURC2 � f f s r` r Amm- TECTONICLOOKING S FROM INTERSECTION OF KING ST.AND INTERNATIONAL DR. AA PROPOSED FACILITY WILL NOT BE VISIBLE FROM THIS LOCATION P-9 DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 2000'± Piaetical Sulutians.EmeptiormI Semite 6666.PURC2 �`•" � ice'• ' �• ' •�` •Vii• �IJ• jw 1 _ LOOKING S FROM INTERSECTION OF HIGH POINT CIR.AND BELLEFAIR RD. TECTONIC , PROPOSED FACILITY WILL NOTFROM • • DISTANCE FROMPHOTOGRAPH • • TO THE PROPOSED SITE IS 24001* r - ��� '• � �..- � 'fir .. lkd 0 ti ��l� .•Tib' �. '� r�r � t. •+ .,. a' � y � •L w i� ��•�•� Al � y •��i�t i IAL 4 !� •�i,.'�..L r L,p it �., _ - - _ Ar .,S♦ .�. .� r ... � `� tee. �r. ., �� r�• :•��a -.i - 1 _ .. df 0 it 4L 10 40 Ar ,by wit : •,+4; i!: �r {ir .i .• .moi. � e y� itis' l,� r •� � 1. i •Y y '� . •►� .•T'• t i .10 TECTONIC . . FROM _ROPOSED FACILITY%NILL _ _ RD. VISIBLE . . . . . . DISTANCE FROM THE . lam`•' r� •' y, f j r - ► , • 4,,ti■ ,.- • '' `y r t�,�- ±7 •rix ��_ _,� '�.�^�H• `Y� _ 1 . 1w % ' 'r ..- � �'� ��'. � ter.�4rt! •�� 'l. - ' -� "- v�•lr, �• •� �lr Y,. i ti�• ,�. -�' r.5. ' �` ��� ";���..�., iV• . - r � r,� .. :' • - _til. •+{�,� � �' _ r� > r.. ` i .5. 4�. �-.� - Y" �{ yam• _�... �•�irti}-,.,, _ .. � r •� • TECTONIC ' . . • = VISIBLE- . . . _ . . THE PROPOSED SITE IS 22oo,* "Rt r T v \ {` MV LOOKING SE FROM INTERSECTION OF BELLEFAIR RD.AND FELLOWSHIP LN. PROPOSED FACILITY WILL NOT BE VISIBLE FROM THIS LOCATION P-12 DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 260011 PeactlLdl Sclutions,ExceptionalSenn-L 6666.PURC2 EXHIBIT 3 RF Report it RAMMIlwireless Vmftn V kwilss 4 Centercw*Road West*Uk,W fom Phorm 914 714.7000 March 25,2015 To whom it may concern; Verizon Wireless seep to locate a facility('"Facility") on the roof of an existing building at the Doral Amowwood complex on Anderson Hill Road,Rye Brack,New York,The Facility is needed to pmvide capacity relief to some Verizon Wireless sites in tae vicinity,primarily the sites on King Street (Village Hall) and at Purchase College, which are anticipated to exhatSt taair Capacity wifl urt the next 6 to 24 months. All cell site have capacity/usage limitations, once those limitations are met or exceeded,a new site is required to provide viable service to the area. There are two basic Key Peaformtance Indicators(KPIs)used to determine if a site is experiencing capacity limitations. They are 1) Average Scheduled Eligibility Were(ASM and 2)Forward Data Volume(FDV). The Scheduler(where ASBU resides)is ci W ively the brains of a cell site i and is used to determine what users can send data and when it can be sent.If the ASECJ is too high the scheduler becomes overloaded and no new users can join the system and current users will experience data blocking and/or loWd:ropped calls. FDV is the amount of data it cell site can provide before users start to eqmicm poor data on these and other param ao 'Vesi�n Wiral keds a close eye exceed the hmitwe look far capacity relief solutions.The attached charts show the anticipated exhaustpoints for the FDV(on the left) and.ASHD(on the right). As can be seen on the charts,the FDV for each site is anticipated to reach capacity later this year,causing a slowdown or inability to access data from those sites,and the ASBU for each site is anticipated to reach capacity shortly thereafter. n The Facility will MM& immediate capacity relief for Verizon Wireless, sites, providing the residetets in that area ofRye Book reliable and consistent access to Verizon Wireless'services. Resp y submitted, t t w Ali Afjiboxi Ptadid fiequency engineer employed by New York SMSA Limited Partnership d/b/a vmizon Wireless r I i i S Demand Projection Out to EoY 2018 Site : 78244 (Purchase College) Site Projected To Partially Exhaust in September 2015 and totally in May 2017 ENODEB: 78244-1-1 _-y r• ---- ------ ------ I 1/1 015 1/1h016 1/1/201 1/1/2018 /1/2015 1/1 016 1/1 017 1/1/2018 Exhaust Points Confidential and proprietarymaterials for authorized Verizon personnel and outside agencies only.Use,disclosure or distribution of this material is not permitted to any unauthorized persons or third parries except by written agreement 3 Demand Projection Out to EoY 2018 Site : 78175 (King Street) Site Projected To Partially Exhaust in June 2015 and Totally Exhaust in June 2016 ENODEB: 78175-1-1 111/2015 111/2016 111 ....- 1/112018 1/1/2015 11112016 11112017 111/2018 Exhaust Points Confidential and proprietary materials for authorized Verizon personnel and outside agencies only.Use,disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement 4 EXHIBIT 4 Submission to Westchester County Airport LAW OFFICES OF SNYDER & SNYDER, LLP 94 WHITE PLAINS ROAD NEW YORK OFFICE TARRYTOWN, NEW YORK 10591 NEW JERSEY OFFICE 445 PARK AVENUE,STH FLOOR (914)333-0700 ONE GATEWAY CENTER,SUITE 2600 NEW YORK, NEW YORK 10022 NEWARK,NEW JERSEY 07102 (212)749-1448 FAX(914)333-0743 (973)824-9772 FAX(212)932-2893 FAX(973)824-9774 WRITER'S E-MAIL ADDRESS LESLIE J.SNYDER REPLY TO: ROBERT D.GAUDIOSO lsnyda@snyderlaw.net DAVID L.SNYDER Tarrytown Office (1956-2012) March 17,2015 Mr.Peter Scherrer,Manager Westchester County Airport 240 Airport Road, Suite 202 White Plains,NY 10604 RE: New York SMSA Limited Partnership d/b/a Verizon Wireless Proposed Public Utility Wireless Telecommunications Facility On the Doral Arrowwood Hotel located at 965 Anderson Hill Road,Rye Brook.NY Dear Mr. Scherrer: I am the attorney for New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") in connection with its installation of a public utility wireless telecommunications facility ("Facility") at the captioned property ("Property'). The Facility is proposed on the roof of the hotel/conference center known as the Doral Arrowwood (`Building"), and the plans depicting same are enclosed for your reference. Due to the Property's proximity to the airport, the Village of Rye Brook Planning Board requested that we send to you the plans and request confirmation that the Facility does not require FAA or other airport clearance. Verizon Wireless' regulatory team has determined that no FAA registration is required since the existing lightning pole on the Property is at a height of 74'-0"+/-above ground level, and the height of the Facility will extend to approximately 84'-6" +/- above ground level, less than 20 feet from the height of the existing lightning pole. In connection with the foregoing, I have attached the TOWAIR determination indicating that the Facility does not require registration and some other documentation also indicating that no FAA Notice is required. In connection with the foregoing, kindly sign below to acknowledge that the Westchester County Airport does not have any objection to Verizon Wireless' facility, and return same to me via email at lsnyder(a)snyderlaw.net or in the enclosed envelope on or before March 25,2015. Mr. Scherrer Page 2 If you have any questions or require further documentation, please feel free to contact me or Michael Sheridan at(914)333-0700. Thank you for your assistance. Resp submitted, li . Sny er NO OBJECTION TO VERIZON WIRELESS FACILITY ACKNOWLEDGED-- Westchester County Airport By: Peter Scherrer,Manager LJS:erW Enclosures cc: Rye Brook Planning Board Mike Musso Verizon Wireless Z:%SDATAIWPDATA%S41WP\NEWBANMMKE BONHOMMEWURCHASE ZZOMNGIWCAIRPORIUSITRRTF 9/1912015 TOWAIR Search Resdts TOWAIR Determination Results *** NOTICE *** TOWAIR's findings are not definitive or binding,and we cannot guarantee that the data in TOWAIR are fully current and accurate. In some Instances,TOWAIR may yield results that differ from application of the criteria set out in 47 C.F.R. Section 17.7 and 14 C.F.R. Section 77.13.A positive finding by TOWAIR recommending notification should be given considerable weight.On the other hand,a finding by TOWAIR recommending either for or against notificatlon Is not conclusive. It is the responsibility of each ASR participant to exercise due diligence to determine if It must coordinate its structure with the FAA.TOWAIR is only one tool designed to assist ASR participants in exercising this due diligence,and further Investigation may be necessary to determine if FAA coordination Is appropriate. VETERMINATION Result's Structure does not require registration. The structure meets the 6.10-meter (20- ;,foot) 9 [ I foot) Rule criteria. NAD83 Coordinates x Latitude 41-02-44.7 north Longitude 473-41-20.1 west Measurements (Meters) Overall Structure Height (AGC) 25.6 'Support Structure Height (AGC} .22.6 Site Elevation {AMSC) 87.5 - - Structure Type { BTVVR- Budding with Tower s I Tower Construct-ion Notificationji Notify Tribes and Historic Preservation Officers of your plans to build a tower. hripJ/wireless2.foc.govNlsWAsrSmmhRowairResult jsp?printMe 1l1 SITE.SRP (3),txt Federal Airways & Airspace * summary Report: Alteration Of Existing Structure * Non-Antenna Structure Airspace user: Candice Koenig File: SITE Location: Rye Brook, NY Latitude: 41*-02'-44.7" Longitude: 73'41'-20.1" SITE ELEVATION AMSL. .....288 ft. STRUCTURE HEIGHT.. ..... ..84 ft. OVERALL HEIGHT AMSL. .. ...372 ft. NOTICE CRITERIA FAR 77.9(a): NNR (ONE 200 ft AGL) FAR 77.9 b): NNR (DNE Notice Slope) FAR 77.9(c): NNR (Not a Traverse way) FAR 77.9: NNR FAR 77.9 IFR Straivht-In Notice Criteria for HPN FAR 77.9: NNR (No Expected TERPS impact 7N3) FAR 77.9(d): NNR (Off Airport Construction) NR = Notice Required NNR = Notice Not Required PNR = Possible Notice Required (depends upon actual IFR procedure) For new construction review Air Navigation Facilities at bottom of this report. If the proposed construction is an alteration to an existing structure notice requirements may be superceded by the item exemptions listed below. The location and analysis were based upon an existing structure. However, no existing aeronautical study number was identified. If the 'existing' structure penetrates an obstruction surface defined by CFR 77.17, 77.19, 77.21 or 77.23 (see below) it is strongly recommended the FAA be notified of the 'existing' structure to determine obstruction marking or lightinq requirements. it is not uncommon for the FAA to issue a Determination of No Hazard (DNH) for an existing structure and modify the airspace to accommodate the structure, should that be required. If the FAA issues a DNH enter the aeronautical study number (ASN) in the space provided on the Airspace Analysis window Form and re-run Airspace. No frequencies were identified in this alteration are included in the FAA's Co-Location Policy published in the Federal RegisterNovember 15, 2007. Therefore, application of the Co-Location Policy notice exemption rule can not be applied. Title 14 CFR Part 77.9(e), Notice Criteria Exception: The location and analysis were based upon an existing structure with the alteration limited to the addition of an antenna with a height no greater than 20 feet. Title 14 CFR Part 77.9( in exempts therequirement for notice to the FAA; "Any antenna structure o 20 feet or less n height except one that would increase the height of another antenna structure. If the addition of an antenna of 20 feet or less to an existing structure increase the height of the structure to exceed 200 feet AGL or penetrate an obstruction surface This defined by Title 14 CFR 77.17, 77.19, 77.21 or 77.23 notice is recommended. will allow the FAA to determine the level of obstruction lighting required and Page 1 SITE.SRP (3).txt any aeronautical impacts, if any, to aircraft operations. Notice of an existing structure almost always receives a No Hazard Determination. Please see Summary Report below plus the Airport and Part 77 Reports for application of the above listed CFRS. OBSTRUCTION STANDARDS FAR 77.17(a)(1): DNE 499 ft AGL FAR 77.17(a)(2): ONE - Airport Surface FAR 77.19(a): DNE - Horizontal surface FAR 77.19 b : ONE - Conical Surface FAR 77.19 : ONE - Primary Surface FAR 77.19 d : DNE - Approach Surface FAR 77.19�e : ONE - Transitional Surface VFR TRAFFIC PATTERN AIRSPACE FOR: HPN: WESTCHESTER COUNTY Type: A RD: 6230.188 RE: 379.8 FAR 77.17(a)(1): DNE FAR 77.17(a)(2): DNE - Height No Greater Than 200 feet AGL. VFR Horizontal surface: DNE VFR Conical Surface: DNE VFR Approach Slope: DNE VFR Transitional Slope: DNE The structure is within VFR - Traffic Pattern Airspace Climb/Descent Area. Structures exceeding the greater of 350' AAE, 77.17(a)(2) or VFR horizontal and conical surfaces will receive a hazard determination from the FAA. Maximum AMSL of Climb/Descent Area is 789 feet. VFR TRAFFIC PATTERN AIRSPACE FOR: 7N3: SANDS POINT Type: S RD: 76750.56 RE: 6.6 FAR 77.17(a)(1): DNE FAR 77.17(a)(2)• DNE Greater Than 5.99 NM. VFR Horizontal surface: DNE VFR Conical surface: ONE VFR Approach Slope• ONE VFR Transitional Slope: DNE TERPS DEPARTURE PROCEDURE (FAA Order 8260.3, Volume 4) FAR 77.17(a)(3) Departure Surface Criteria (40:1) DNE Departure Surface MINIMUM OBSTACLE CLEARANCE ALTITUDE (MOCA) FAR 77.17(a)(4) MOCA Altitude Enroute Criteria The Maximum Height Permitted is 1359 ft AMSL PRIVATE LANDING FACILITIES FACIL BEARING RANGE DELTA ARP FAA IDENT TYP NAME To FACIL IN NM ELEVATION IFR ----- --- ----------------------------- -------- ----- --------- --- NK84 HEL SAFE FLIGHT INSTRUMENT CORP. 332.41 2.39 -43 No Impact to Private Landing Facility structure 0 ft below heliport. ONK7 HEL KING STREET 333.63 3.8 -98 No Impact to Private Landing Facility structure 3 ft below heliport. 7NK8 HEL WESTCHESTER MEDICAL CENTER 292.88 5.63 -37 No Impact to Private Landing Facility Page 2 SITE.SRP (3).txt Structure 0 ft below heliport. AIR NAVIGATION ELECTRONIC FACILITIES FAC ST DIST DELTA GRND APCH IDNT TYPE AT FREQ VECTOR (ft) ELEVA ST LOCATION ANGLE BEAR ---- ---------- -- ------ ------ ------ ----- -- ----------------- ------- HPN LOCALIZER U 109.7 325.82 5236 -1 NY RWY 16 WESTCHESTE -.01 162 HPN ATCT ON 314.21 8753 -149 NY WESTCHESTER COUNT -.98 HPN CO Y A/G 308.06 9048 -112 NY WESCHESTER COUNTY -.71 HPN RADAR ON 2735. 323.46 12246 -138 NY WESTCHESTER COUNT -.65 No Impact. For Alteration EMI Notice is not required. The studied location is within 5 NM of a Radar facility. The calculated Radar Line-Of-Sight (Los) distance is: 51 NM. This location and height is within the Radar Line-of-Sight. OJZ LOCALIZER I 109.7 328.32 13357 -58 NY RWY 34 WESTCHESTE -.25 342 CMK VOR/DME I 116.6 19.1 90376 -322 NY CARMEL -.2 LGA VOR/DME R 113.1 207.42 107618 +363 NY LA GUARDIA .19 TEB VOR/DME R 108.4 235.03 125659 +369 NJ TETERBORO .17 DPK VOR/DME I 117.7 131.12 141082 +249 NY DEER PARK .10 JFK RADAR ON 2755. 188.22 149536 +285 NY JOHN F KENNEDY IN .11 JFK VOR/DME I 115.9 188.6 152140 +361 NY KENNEDY .14 BDR VOR/DME R 108.8 74.75 161102 +363 CT BRIDGEPORT .13 CRI VOR/DME R 112.3 199.75 167792 +362 NY CANARSIE .12 JFK RADAR WXL Y 05647. 197.59 174697 +248 NY FLOYD BENNETT .08 EWR RADAR Y 225.01 183968 +222 NJ NEWARK ASDE .07 ISP RADAR ON 2735. 118.19 185721 +190 NY LONG ISLAND MacAR .06 EWR RADAR ON 2715. 225.2 193157 +266 NY NEWARK INTERNATIO .08 SWF RADAR Y 2765. 324.88 198485 -349 NY STEWART INTERNATI -.1 EWR RADAR WXL Y 05620. 224.14 230299 +219 NJ WOODBRIDGE .05 OKX RADAR WXL Y 106.34 237163 +151 NY BRENTWOOD .04 CFR Title 47, §1.30000-§1.30004 AM STUDY NOT REQUIRED: Structure is not near a FCC licensed AM station. Movement Method Proof as specified in §73.151(c) is not required. Please review 'AM Station Report' for details. Nearest AM Station: WGCH 0 5183 meters. Page 3 SITE.SRP (3).txt Airspaces summary version 15.3.386 AIRSPACE$ and TERPSs are registered $ trademarks of Federal Airways & Airspace• copyright 0 1989 - 2015 03-17-2015 13:12:15 Page 4 Notice of Proposed Construction or Alteration-Off Airport https://oeaaa.faa.gov/oeaaa/external/eFiling/locationAction jsp?action=... FsderalAviatiOn 4a OE/AAA •�,;�;,.. A�ntifulihcaticln Notice of Proposed Construction or Alteration-Off Airport Add anew Case Off Airport-Desk Reference Guide V_2016.1.0 Add a New Case Off Airport for Wind Turbines-Met Towers-Desk Reference Guide V2015.1.0 --._............._ ._. —.._..._........ ............_......_.. —..................._.._._.................._......................_..........`_..............._............_.............._........ _.............._......__.................. -._....._....__......_..- ..._.....................—_..... i Project name:NEW Y-000319809-15 Sponsor New York SMSA Limited Partnership Details for Case:Purchase 2 Show Project Summary Case Status i ASN: 2015-AEA-1536-OE Date Accepted: 03/23/2015 j F Status: Accepted Date Determined: !� I Letters: None } Documents: 03/23/2015 6666-PURC2-FAA2C-... Public Comments: None 03/23/2015 Ems!Pages from 6666.P... 03/23/2015 6666.PURC2-L.F-FIN.., Project Documents: None 1 I Construction/Alteration Information Structure Summary Notice Of: Construction Structure Type: Building J Duration: Permanent Structure Name: Purchase 2 I W Temporary: Months: Days: FDC NOTAM: i Work Sdxdule-Start: NOTAM Number: Work Schedule-End: FCC Number: 1 3 *Por temporary cranes-Does the permanent structure require sepamte notice to the FAA? Prior ASN: To find out;rise the Abtke Criterb Tool.V separate notice g requ/md,please erasure it Is fired. V t Is not filed,please state the reason In the Description of Proposal. I State Filing: Structure Details I Latitude- 41° 2' 43.52" N Common Frequency Bands ___.__ ........_ .......... .....---- .......... Longitude: 73*41' 22.06" W Low Freq High Frail Freq Unit ERP ERP UWV� 698 806 MHz 1000 W 3 Horizontal Datum: NAD83 806 824 MHz 500 W 3 Site Elevation(SE): 288(nearest foot) 824 849 MHz 500 W (Structure Height(AGL): 85(nearest foot) 851 866 MHz Soo W I Current Height(AGL): (nearest foot) 869 894 MHz 500 W For notice ofateratbn or exlst6gpro vide the current 896 901 MHz 500 W i AGL height of the ex8:tag structure. 901 902 MHz 7 W Inchde details 6n the Deaa(pticn of Proposal 930 931 MHz 3500 W 931 932 MHz 3500 W i Max Operating Height(AGL): (nearest foot) 932 932.5 MHz 17 dBW *For aeronautical study of a trance or construction equipment 935 940 MHz 1000 W � the maximum he$hf should be feted above as the 940 941 MHz 3500 W Structure Hefght(AGL).Addtbnady,provide the maximum 1850 1910 MHz 1640 W l operat4mg height to avoid delays/impacts am lderd0/ed that 1930 1990 MHz 1640 W ' require negotiation to a reduced helgid..rf the Structure Helght and maxhnum operating height am the same enter the some 2305 2330 MHz 2000 W Value bm both f el de. 2345 2360 MHz 2000 W 1 Nacelle Height(AGL): (nearest foot) Specific Frequencies *For Wind Turbines 500ft AGL orgmoter .........-_--.....__. ............ ._ i J Requested Marking/Lighting: None Other: I Reccmmermded Marking/Lighting: i Current Marking/Lighting: N/A Proposed Structure other: Nearest City: Purchase ':.Nearest State: New York € Description of Location: 965 Anderson Hill Road On the Project Summary page upload arty certlfled survey. Purchase,W 10573 i Description of Proposed. Proposed 35'flagpole to be top mounted on existing rooftop. 1 Increasing the overall AGL of this 1 building by 10' t I Previous Badt toNom Search Result -• 3/25/2015 5:35 PM NEW YORK SMSA LIMITED PARTNERSHIP d/b/a Ver&ciii wireless WEST IIYACK, NEW YORK PUBLIC UTILITY ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY 965 ANDERSON HILL ROAD RYE BROOK, NY 10573 SITE INFORMA11ON vw SITE TYPIE. NEW BUILD mr STE DESCAMPTON: VW PROJECT COD 2011613945 , lii� ATTACHED MRSESS TELECONAILIMCAJIMS FAIN-11M INSTALL NITIN UNMANNED -1 EOUfPMENT CABINErs&POLE VATH iNTSIGIOR SIX(6)ANTENNAS ON THE!COSTING ROOFTNIP AND A BACKUP GEN AT GRACE PROJECT LOCAMON'. GGS ANDELL RSON H ROAD Rye BOOK NY 10574 CORAL ARICANWOOD BUILDING OWNEr. BROOK NY V ANDERSON H MAIL RYE STE CONTACT, A&CRAILL PARIS( (914)935-6828 JB VIN LEASING CONTROL TECTONIC MONEERING, SURVEYING MRSULTANTS.P.C. DANA BR (M)567-6656 EXT,2807 VN OW45TRUCIMN CONTACT: CLARENCE JONES (60)423-3072 A/E(ElICINME0 CONTACT. T'MIT0,1EO ENGINEERING&SURVMO CONSULTANTS. SUGAR AVICQJ CINnY MW AREA MAP (845)567-6666 ENT,Oil ETECTPoCAL COMPANY CONSOLIDAIED EDGION COMACH CUSTOMER SERVICE PHONE'(WO)732-6655 COMPANY WRizom NEW YorjK'INC. (845)890-7100 LATITUDE 41'Of 4A73'N(NAD COD LONGrTUDE, 73'*V 2C.IS'W(NAD am-nom, W'-I't AMSL JURSOCTIm- VILLAGE OF RYE BROOK OF N� SECflOM1 N. BE=- I LOT(St 48 MINING DIMICT.. U. -PLANNED UNIT DEVELOPMEWT "/W. NA -2ES ME Tmm o am are.aarlwa. o" 965 ANXINWOR Em ROAD 0 R moox NY 10573 ssio POOLwer Y Bo, E, elYBaYN.as t eeervm�x rtme�yax nwrm,9 E�nrw�a� anarrraa e �cas 4+a-eP C f m' i Y Y cmmm8. mea 1 (f@ R.- 4L>/A-1$ Kv t,�• �+v i i D39Y aN+nIHYB 4W ---- ------- fid•t>BE9 ----------------------------- I t MFErel ire. - ° FIFEI --- ---—----- _ ______________ _ __ /s y ELEVAMN �/,aue us-s•-c SITE DUAL PLAN f FYM -m'n� rer sear,roc "Ewac �+,anew mormam waa �. m» > ,e-cs tm B«+ tw `-------------------'�`-____"_._____------ ----------------------__-_______-__----------------------------------------------------------- o 77777777771 zs-,w U CWF CYF-t �r C�IEW Y4 > PARTIAL ELEVATION u .2 < DR=PLAN&ELEVATION 1�0t aft tRUC �tay. >�A a >)9Pjfk m� 0 M ori +osnre/v+ FEB v PwM^+ Bem.e b „�. 985 ANDMON ND.L.ROAD m"awa Emra e „ ,r,+ _ • .36 t'y+ WE WWOI�,NY 1.9573 : w mx wuacawB.�m,r o"mi OFE$5 a m/I>e £ ,etmE O ,m« �y Eazrm 3ee9.P9Rcz A-0 S N _ 1" �— I '1 ser caimme,rs�m(rraj ,.^� wmmw Asa meamaar � 1 �' � � rsrcoroau / --- - ` I mm ewva,v ua o mew af0 � 3 � � (A,°mom O%sT mama tmm^� aanan nrci�aena i F >R�mn� ,w Y ' ® Iasr mrnac ar.A 4 W=nnb Tt yORYk.a+a u reennearttm3 vat vests I� saA.a�i I snore, R.c P N x�ma ori,tr,�t ax�%.vewo w� �' i 1 Ws teem. wt exam As tns aaao 0 13 on 7 F i u � oromar 1 oas aaa� E>et cam=s Pvry An tt&nai B am ae mAw uA a s 0 eMoa 0r� // I �m+km ,Hiwfu��` i y n�oxo n�iaeuxs�k 1 : asamk —p _ , Sri nen mu°n' M>amrar Ywawi�ina�rs�v °.-war a� onrmxem�enu. .. S mriocrF aim n lid i` AgIP AOM pl py��Pte}fifl ( 9 an i I tmr ns nmA Pm} k %—k f�+fl steer ter nam snaw nm mex 1 I C I GENERATOR DETAIL PMN E'a'f fnmlaz OrcX axa8 f(m'_,'d knY Y@d'tpl 11SW. NEW Y(7 N- IA�t � iaon ears.Rrmy armeeman rxA .me ae „A,/,s rm r^ s.'" !.= PLAN 8c b&DBTAII,PIAN amie.?•w�.aH8}'� sfal,s rmvm mimvar t {1Y rzm.w aaww.'4 AO's m h* oars m�mia a'§m,.e 8'1-g� �„`✓ 885 AMEMN RM ROAD j ROOF P]_�I I RYE BROOK.NY 10673 ♦�;r LO)S�-`'-°' : avw,A �a�AA aMAmk.A o '"i o� -- e n/xF,s Pn a xwnevew BBa8.Pf1RC2 A-2 8 Y6 1 1-800-852-2671 C F -R� ANTENNA seas —PLANS ANTENNA DETAIL ms axe SIGN mm=&I �xm m ptr9 zm-. MM-- etl ami @GPS_MOUN-11110 DML (::..;�)RRH DETAIL A4Fii AS iw'P Mm @IR�,,��YNCTION BOX MOUNTING DETAIL HOrSEW WG =1DEUVATION -A DETAIL NA 220�,Nlll Aa 4w+ 906 AMMON En ROAD ------------------------ r6ne!1 VISUAL RESOURCE EVALUATION PROPOSED ATTACHED WIRELESS TELECOMMUNICATIONS INSTALLATION 965 ANDERSON HILL ROAD RYE BROOK WESTCHESTER COUNTY NEW YORK Submitted by: V49MO iwireless 175 Calkins Road Rochester, NY 14623 Prepared by: TECTONIC ENGINEERING & SURVEYING CONSULTANTS, P.C. 70 Pleasant Hill Road Mountainville, New York 10953 845-534-5959 845-534-5999 FAX W.O. # 6666.PURC2 6/25/2014 CORPORATE OFFICE Mountainville, NY (800)829-6531 F�racbcd SNUTM4 FA*04onal#ern[e PO Box 37,70 Pleasant Hill Road (845)534-5959 FAX:(845)534-5999 Mountainville, NY 10953 www.tectonicengineering.com Verizon Wireless 175 Calkins Road, Rochester, NY 14623 November 7, 2013 Revised June 25, 2013 RE: W.O.: # 6666.PURC2 VISUAL IMPACT ASSESSMENT, 965 ANDERSON HILL ROAD, RYE BROOK WESTCHESTER COUNTY, NEW YORK Tectonic Engineering & Surveying Consultants, P.C., was retained by Verizon Wireless to conduct a "Visual Resource Evaluation" to determine the potential visibility of a proposed attached rooftop installation on an existing building located at 965 Anderson Hill Road in the Village of Rye Brook, Westchester County, NY. 1.0 SETTING The proposed installation is located at 965 Anderson Hill Road in the Village of Rye Brook. The surrounding land use along Anderson Hill Road is primarily residential, recreational, and commercial use. 2.0 METHODOLOGY On November 3, 2013, Tectonic Engineering & Surveying Consultants, P.C., conducted a field investigation for the purpose of evaluating the views associated with the proposed rooftop installation from various locations in the neighborhood. Weather conditions were partly cloudy and cool with temperatures around 55 degrees. The study area consisted of an approximate '/2 mile radius from the project site. Photographs were taken from various vantage points within the study area to document the actual view toward the existing building. Photographs were taken using a Canon EOS Rebel XT Digital SLR digital camera with an 18 to 55 millimeter zoom lens. Unless otherwise noted, the zoom lens was set to approximately 31 mm to achieve a field-of-view comparable to a 50mm lens on a full frame 35mm camera, thereby approximating the normal human eyesight relative to scale. Using a handheld GPS unit, the coordinates and orientation of each photograph location were taken. Each photograph attached includes a brief description of the location and orientation from which it was taken. These photograph descriptions are summarized below: 965 Anderson Hill Road 2 November 7, 2013 Revised June 25, 2013 1. View from Anderson Hill Road, looking north towards the proposed installation, from a distance of approximately 2100 feet. 2. View from intersection of Anderson Hill Road and entrance to Doral Arrowwood, looking northwest towards the proposed installation, from a distance of approximately 1500 feet. 3. View from the entrance to Blind Brook Club, looking northwest towards the proposed installation, from a distance of approximately 1400 feet. 4. View from entrance to Doral Greens Drive, looking west northwest towards the proposed installation, from a distance of approximately 1300 feet. 5. View from end of Doral Greens Drive E, looking west towards the proposed installation, from a distance of approximately 1200 feet. 6. View from Doral Greens Drive W, looking north towards the proposed installation, from a distance of approximately 500 feet. 7. View from Doral Greens Drive W, looking north towards the proposed installation, from a distance of approximately 300 feet. 8. View from intersection of King Street and Hettiefred Road, looking southwest towards the proposed installation, from a distance of approximately 1900 feet. 9. View from intersection of King Street and International Drive, looking south towards the proposed installation, from a distance of approximately 2000 feet. 10. View from intersection of High Point Circle and Bellefair Road looking south towards the proposed installation, from a distance of approximately 2400 feet. 11. View from Bellefair Road, looking southeast towards the proposed installation, from a distance of approximately 2200 feet. 12. View from intersection of Bellefair Road and Fellowship Lane looking southeast towards the proposed installation, from a distance of approximately 2600 feet. These photograph locations are presented on the attached "PhotoLog Map." 3.0 PROCESS The digital images were merged and manipulated through the use of the image editing software "Adobe PhotoShop CS5." With this process, the proposed antenna and associated equipment were scaled to the correct location and height, relative to the 965 Anderson Hill Road 3 November 7, 2013 Revised June 25, 2013 existing building. Copies of the existing conditions and the photographic simulations are attached. 4.0 CONCLUSION The potential visibility of the proposed installation is primarily limited to the immediate area. As the proposed installation includes a stealth flagpole and a stealth enclosure, the proposed addition of Verizon Wireless equipment on the Building at 965 Anderson Hill Road will have little to no adverse impacts on existing views of the Building. Beyond the immediate area, the building and proposed installation are obstructed by mature vegetation, the sloping landscape, and/or intervening buildings. If you have any questions or comments, please call the undersigned. Sincerely, TECTONIC ENGINEERING & SURVEYING CONSULTANTS P.C. /,/ f - /�� Peter T. Sutherland P.E., L.E.P., C.P.G. Vice President, Manager of Environmental Services N �b'� v9 9ol Approximate Typical PHOTOLOG MAP a 7 Photo Location PROPOSED ATTACHED � 'fl° 120A 1 B ANTENNA INSTALLA- Shemin ' TION ON AN EXISTING i Nurseries Whntect " BeIIN'., STRUCTURE ®� Collect b Suny �j� nPa S :hase 9S� Jo'r'Pv bedpd 965 ANDERSON HILL RD b'ary The Great t`e%te - f o RYE BROOK Lawn \C° 't2o� ` I 51�' 19��,^sL WESTCHESTER COUNTY o NEW YORK k�P f Quad o<<4 N eby04e � �ccc S°Ph arbucks " �O S ° �° J Bad w,ck State University of New York- Purchase College Pa ti�ao'o a i5 - Doral Arrowwood �� o n Hotel Conference Center — f .61 / flsk�P N n ver /M I w roc Water Baptist Cemetery Pfizei© r- PREPARED FOR: ■ KSL Capital =C, Partners 'on or PREPARED BY: L„ o� 0 4 1 Trattoria Brigit E Pepsico F l s c / S.Employees Federal 632 Huwyler Credit Union a 41 °' �' Practical Solutions,Exceptional Service Merritt ,,¢ Q\aQt ° `Q Cemetery u; Kaia oga 01110tnW0Q r Sr°ox ni ir/d �. ods cP� Fa �Q t,-A, r. a Q� wit Pks% liye Brook 70 PLEASANT HILL ROAD 6, °°a y I-firehouse kr,� MOUNTAINVILLE,NY 10953 nmar 845-534-5959 Group �9 (FAX)845-534-5999 ;on Rd ° ` J`y a' Blind Brook High School 4"C'en Or Bruno M ? Rye Brook Ponterio Ridge Athletic Fields c\e+gh t� Ridge Street Street School Blind Brook Ston �E�° �l Baseball Field � . Baseball Field W.O.#6666.PURC2 NOV.7,2013 'Ln Revised NOV.B,2013 Coats 1 31 it At 4�'! ',y •�� +..• �� -.. � .. l `�' ; •i .� „_tom .��„�.�-.� r •• y � ,rl, -' . �A Ave _lam • \ �. - � _ 'i f Ap Pow -ww lo '. !mss - _ „ • .;. `.;•t'�= ,�••�� - • 'fit � • 446- � A,'' :I�ic`"�'S••• N_ __rr� TECTONIC • ' ANDERSON • ' r, `i, � � � tom' ` �•t. .. .?• ���j;• 1 - ' •a! :'�"� - cam. - p',�•• r' r o=' w TECTONIC • • . . . - . . DORAL �'� T ��vr' 1--� ,- i i• j w ,�JIJ �,A_� '• .. ?/ ice„ ►� {.. ,/�L, �l�j t ILI � • K.J•t_ .� � �-�►` to- :1 �, _ �� ���, �� TW s �. •�q �' �r�y,•i� • J _ ,� •� � � �•- K-A ` Imo'- •�� ', �t }y<j tlf A.Y,r�. e �• .t "i �'t ��a--�'Y �, r �� . ♦.jryIt •,'►�~ •.1�.. -^ate ` - .s.��'P� t��S ' `. - � •a_ � �.l�' VA leii r - _ .•♦^.� �• "�Rv/ ._tom!(- .•_"��^ `-/.. ,• �.M r4� _ '� � TECTONIC • ' ' • " �5�F '• -ir i a'+ ► a! ,.••� .fit = _ - 1 ' `i TECTONIC - ' " - - ' - P-4 �_ r ,rte Sr • y, �A ` w� Lee Zdpe r� Aft. �• .i +�..c +• 4 w - - �9- '. f -- - ` •fir �' it ..'? - � ,r�; � ,.��-'Sly. � • � :� t� .,� x{.. . .46 - Al TECTONIC WD ' " ' ,VA "i ,� :t��: �% �• � � - Art � �.A- l�.sCl,y ���,�?t� 'l in fmorm -06 , �• r "_ -- �;ate:�':�ri_�s.�►:'�,.:;�����. •;��, i 1�''..,"'`''..x.116'_ �:�►�, - �; OAK I oo N . ` - _ a xrt — _ .' TECTONIC "R ' IF lip .�1 . ter► 116 � r./�� I.p '%�(``� '� t `,�i`[11i����'s//►�����,�''f� II�1��•1 .Yi '•��•'y �'i�ir� �•.r� � ��'�r, Mr• Or ''� [[ •)�' . I�r. '•/�� I :S �.I remit i� _ ••I•�.r_�• +T��lya LL �'���Vw�� � �.•' ML %jf.016W �l' ''��, �` '•�> � '�aTT yr � .��,�.�.�1 •�\ �� til r Ar TECTONIC "R ' •r � 'i► .. moi' ,\ ;y '•, •7 _ - _ •� 11 , i gip: i f._ • i 1`02 .• — � - '•'� s v r,_ it N^"- 1.1.]�.i TECTONIC - ' DORAL DR. r - Ao, -titi . ♦ J' ..., , t. Poo '� �• it ` �`\�� '��� f;.,,_- �• � its . —� — � . •� ►til ,,,,� ^.<<�`� ,� •_ �• �- : '1. _` \. , ... - _ _ L � �� I ��. _ � r�L Y �''� �'• .� ♦ ,j i�I�^�I��.S�\'Y '• %j ,A - a 1t .}i• TECTONIC - ' DORAL DR. Viso- .•t � � - .. - ^ -'ate.•--� � `� .1!' - ,,• ' M (��ti i. X It Alp tea•y�i � � III • I -sly �i�ll�lll -- i I II �r. .� may_ st, v, III1 I� I. 1��1� 1 111 Illlill � l � � lll � l II „ Il � ll _ y � ..F•� ” - � _ } '..a y . ,111 11 I ^ �_An�}k r. II ij1�(�I� III 111111 �. TECTONIC BONOIARIOND - ' 6� v i • LOOKING S FROM INTERSECTION OF KING ST. AND INTERNATIONAL DR. PROPOSED FACILITY WILL NOT BE VISIBLE FROM THIS LOCATION P'9 DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 2000'± Practical Solutions.Exceptional Service 6666.PURC2 �� '0!!� ,• ;'�• tati, ., �.F/ a ,a• � �:Sa i ., � t y t ' r - .�z•. '1 j I + t - - .., _ �,.Y. - ..� - , -a •\,�-�.�..tea-��� .-�_.. -.�.r.i ..-r L4... •N+,.. � _ .�... � .�. - � TECTONIC • ' ' ' ' Br ' ' � = •i ♦� , :'sem/ .., w �' j►i�' �. • tom- � .� � � , •^ •l�, . �+s TECTONIC - ' 40 44 4 . AF -ifor fte Col. :t L . , •-•,•tom_ `� vt •''�, �i. , - . „ , - + 4`= Y1 fel Ar TECTONIC FROM THIS LOCATION S-11 RD. �f h u. • LOOKING SE FROM INTERSECTION OF BELLEFAIR RD. AND FELLOWSHIP LN. PROPOSED FACILITY WILL NOT BE VISIBLE FROM THIS LOCATION P'12 DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 2600'± Practical Solutions.Exceptional Service 6666.PURC2 LAW OFFICES OF SNYDER & SNYDER, LLP 94 WHITE PLAINS ROAD NEW YORK OFFICE TARRY'rowim, New YORK 10591 NEW JERSEY OFFICE 445 PARK AVENUE,9TH FLOOR (914)333-0700 ONE GATEWAY CENTER,SUITE 2600 NEW YORK, NEW YORK 10022 NEWARK,NEW JERSEY 07102 (212)749-1448 FAX(914) 333-0743 (973)824-9772 FAX(212)932-2693 — FAX(973)824-9774 WRITER'S E-MAIL ADDRESS REPLY TO: LESLIE J.SNYDER ROBERT D.GAUDIOSO DAVID L.SNYDER (1956-2012) LSnyder@Snyderlaw.net Westchester Office December 3,2014 E Honorable Mayor Paul S.Rosenberg and Members of the Village Board of Trustees DEC If 2014 Rye Brook Village Hall V1 LLAGE OF —E BROOK 938 King Street Rye Brook,New York 10573 BILDING DEPARTMENT RE: New York SMSA Limited Partnership d/b/a Verizon Wireless Proposed Public Utility Wireless Telecommunications Facility On the Doral Arrowwood Hotel located at 965 Anderson Hill Road,Rye Brook,NY Honorable Mayor Rosenberg and Members of the Board of Trustees: I am the attorney for New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") in connection with its request for special permit and site plan approval to install an attached public utility wireless telecommunications facility ("Facility") at the captioned property. The Facility is proposed on the roof of the existing hotel/conference center building known as the Doral Arrowwood CBuilding"). The Facility has been strategically designed to shield it from view by having the antennas concealed within a flagpole affixed to the roof, together with related equipment behind a screen wall designed to match the Building. The Property is located in the PUD (Planned Unit Development) zoning district, wherein pursuant to Section 250-39 of the Village Zoning Ordinance, wireless telecommunications facilities, such as the Facility,are permitted by special permit from the Village of Rye Brook Board of Trustees. In connection with the foregoing, enclosed please find the required application and escrow fees,together with eight(8)paper copies and one electronic copy of the following materials: I Special Use Permit Application, Site Plan Application and Exterior Building Permit Application,together with a letter of authorization from the owner of the Property attached thereto; 2. Statement in Support of the Application,with the documentation required by Section 250-39 of the Zoning Ordinance; 3. Full Environmental Assessment Form and Visual EAF Addendum; and 4. Signed and sealed Site Plan prepared by Tectonic Engineering and Surveying Consultants,P.C. We look forward to discussing this matter at the next available Board of Trustees meeting. If you have any questions or require finther documentation,please feel free to contact me or Michael Sheridan of my office at(914) 333-0700. Respectfully submitted, Leslie J. Snyder LJS:ms Enclosures cc: Verizon Wireless Tectonic Engineering ZASSDATA WDATAM4 WP\NEWBANKM&e BonhommOurchase 21ZoningWillagaboardletterUsnov20l4.ms.doc 2 LAW OFFICES OF SNYDER & SNYDER, LLP 94WHITE PLAINS ROAD NEW YORK OFFICE TARRYTOWN, NEW YORK 10591 NEW,JERSEY OFFICE 445 PARK AVENUE,9TH FLOOR (914) 333-0700 ONE GATEWAY CENTER,SUITE 2600 NEW YORK,NEW YORK 10022 NEWARK,NEW JERSEY 07102 (212)749-1448 FAX(914) 333-0743 (973)S24-9772 FAX(212)9.32-2693 FAX(973)824-9774 WRITER'S E-MAIL ADDRESS LESLIE J.SNYDER Msheri(hm@snyderlaw.net REPLY TO: ROBERT M GAUDIOSO DAVID L.SNYDER 'mown Of rice (1956-2012) December 9,2014 Honorable Mayor Paul S.Rosenberg and Members of the Village Board of Trustees 1 Rye Brook Village Hall 2014 938 King Street UVll.LAGE OF 1 AGE p RYE 13ROO Rye Brook,New York 10573 ARTMENT RE: New York SMSA Limited Partnership d/b/a Verizon Wireless Proposed Public Utility Wireless Telecommunications Facility On the Doral Arrowwood Hotel located at 965 Anderson Hill Road,Rye Brook,NY "Property") Honorable Mayor Rosenberg and Members of the Board of Trustees: Pursuant to your request,enclosed please find the following documents: 1. One (1) Site Plan Application and one (1) Special Permit Application, together with a letter of authorization from the owner of the Property attached thereto; 2. One(1)Architectural Review Board Check List for Applicants; 3. One(1)Exterior Building Permit Application. We look forward to discussing this matter at the next available Board of Trustees meeting. If you have any questions or require filrther documentation,please feel free to contact me or Leslie Snyder at(914)333-0700. Thank you for our prompt attention to this matter. _., Y Y p P � [E �1 eJ ' 1 3 Respectfully submitted, Snyder&Snyder,LLP _ Michael P. Sheridan MS/jw Enclosures cc:Verizon Wireless Z:ISSDATA,WPC}ATA`.SS4`.WPNEWBANM\MIKE BONHOMMMPURCHASE ZZONINMADDMONAL DOCS.LTR.RTF NYDER ski SNYDER,LLP R 94 While Plains Road Tarrytown,New Yolk 10691 DEC — 014 (914)333-0700 Fax:(994)333-0743 VILLAGE ;'RYE BROOK Authorizatlon BUILDIN UEBARTMENT To; Michael Parisi Date. May 9,2014 Email: Pages: 14 including this cover sheet. From: Leslie J.Snyder,Esq. Subject: Wr-h=haae 375 Anderson HiRo� , hue.It1�t} Dear Mr.Parisi: In connection with that certain Building and Rooftop Lease{"Lease'*,dated September 27, 2013,between DCCA,LLC d/b/a Doral Arrowwood and New York SMSA Limited Partnership dtb/a Verizon Wireless("Verizon Wireless"'},attached please find updated e:Maits whic:hdepictthe revised location of Verizon Wireless'generator and associated improvements. Please sign below to acknowledge that the revised exhibits are acceptable. Upon such approval,we will forward to you an Amendment of Lease. I appreciate your prompt attention to this matter.Please call me at(914)333.0700 with any questions. Sincerely yours, Leslie J.Snyder Authorized and Approved DCCA,LL Doral a By: Authorized Signatory Name. `►-'briAAwA L.1*"k-w0x-`M Title: 4,,,f,. Dated: 9,zs j%'f THiS COMMUNICATIONCONrAMB RUVE W AND CONFtDMML WORMATION INTEiMIM 0MYFOR MUSE OFTMADDRESSER WYOUMMNOrr'nEAf!'ffiMWRWt T Mg4BEADMIOTMTUM UNMUMORMW DISSEMNATM OF TM OONOMWATM IS STRICTLY PROMUM.W YOU HAVE WHIM TM COMMUMCATION IN BRROR,KINDLY NOrM SMUM EY CX U.Wr-CULFOR XMTMR INSTRI CMNS, 7%MATAIWPVATA14SAWPMWHA?+R.11 &*B=b==N=bm Mvv6mfix6mv d D E EUVE VMLAGE OF RYE BROOK DEC 1 1 2014 938 KING STREET RYE BROOK,NEW YORK 10573 �iLLAGE O RYE 13ROOK PHONE(914)939-0668 FAX(914)939-5801 SUILL�!NC; OI=PAR7MElUT WEB BITE: wwwxyebrook.org APPLICATIONFOR IWIRELESSIATTACHED UTWLESS TELECOM II,WICATTONS FACILI77SPECUL PERMIT Section 250-39 Code of the Village of Rye Brook NOTE. 30=MSQFAI,LD C A1tEN1"A;ON.I?VCE I]7ING�f�1B�'LAIVAPPI:Y�4T�t9N AND FUL B1lffngffl' #SS2i'UA NTIS Part A. Category of Facj&leheck one ( ) Wireless Telecommunications Facility (X) Attached Wireless Telecommunications Facility Part B. Project Location Section: 129.34 Block: 1 Lot: 45 Zoning District: PUD PropertyOwner: —Von lt._ G2(7 ti WOCST, Name: DCCA, LLC d/b/a Doral Arrowwood Address: 975 Anderson Hill Road,Rye Brook, New York Telephone: 914-939-5500 Fax: i Part C. Applicant Applicant:_ New York SMSA Limited Partneo d/b/a Verizon Wireless Address: cto Snyder&Snyder LLP,94 White Plains Road,Tarrytown,NY Telephone: 914-333-0700 Fax: 914-333-0743 Managing Agent: Ryan Maybeck Address: 4 Centerock Road,West Nyack Telephone: 914-714-7371 Fax: Service of Process Agent: Ryan Ma beak Address: alp Snyder&Snyder,LLP,94 White Plains Road,Tarr Gown,New York 10591 Telephone: 914-333-0700 Fax: 914-333-0743 Part D. Cons"tan Radio Frequency Engineer: All Aijibod-Verizon Wireless Address: 4 Centerock Road,West Nyack, NY Telephone: 914-714-7224 Fax: Structural Engineer:_Tectonlc Engineering&Surveying Consultants,P.C. Address: 1279 Route 300,Newburgh, New York 12560 Telephone: 845-567-6656 Far. 845-§§Z-8703 Health Physicist: Pinnacle Telecom Group-Daniel J.Collins Address: 14 Ridgedale Avenue,Cedar Knolls,New Jersey 07927 Telephone: 973-451-1630 Fax: Part E: FacIP& Type: X Attached Lattice -Monopole NIER Level: 1.0929% Height 35' Above Ground- 84-6' feet Above Attacluncat Structure: 35' feet Distance to Nearest Dwelling: 665' feet Manner of Erection: steel platform Value of Improvement:$ Part F: Ayjahft"o Fee (make check payable to the:VIIIIInge of Rye Brook) Wirelessof n ,#attached Fee paid Date paid: Part G: QXcIM Items to be submitted with application(please check off): (x) Site Plan Application (K) Full Environmental Assessment Form Application (X) Visual Environmental.Assessment Form (x) Antenna Report(En girim) (x) Radio Frequency Report(Health Physicist) (x) Structural Report by NYS Licensed Professional Engineer (x) Co-location Certification and Affidavit (X) Interference Certification and Supporting Documentation (X) Statement of On-Site Service Needs N/A( ) Landscape Plan (x) Abandonment Bond Site Access Agreement-Pursuant to Section§250-39(F)(14)it Is requested that this Honorable Board waive this requirement at this time. New York SMSA Limited Partnership d/b/a Verizon Wireless See attached Letter of Authorization By: OLUA(&WAG2!::� V- Signature of Owner Signature of Applicant Ryan Maybeck Print Name Print Name New York SMSA Limited Partnership d/b/a Verizon Wireless By: V"IUZ Authorihfirm AllovFihg Service of Process on Agent Ryan Maybeck Print Name STATE OF NEW YORK COLWTY OF WESTCHESTER as: New York SMSA Limited Partnership d/b/a Verizon Wireless being duly sworn,deposes and says: that (Priwwa-:of appacmik agent ownw,caparaft otica) RCCA,LLC d/b/a Doral Arrowwrood is the(circle one owner, ant,corporate officer of the promises to which this application applies;that the applicant is duly authorized to make this application; and that the statements obtained here are true and made to the best of the applicant's knowledge and belief. Sworn to before,me this OL Sworn to before me this day of, 20 14 day of .120 Notary blit Notary Public New York SMSA Limited Partne hi d/b/a IMss Ew. -- See attached Letter of Authorization Signa t&-rof Affilidauf Signature of Owner Michael R.Bonhomme Notary Public,State of New York No.01 806144229 Qualified In Orange County Commission Expires 04/24/2011 E C E Y y. ox DEC f t 2014 938 TONG y ` NY 10573 (914)9 : 39-5801 V1t LOGE OF RYE 13ROOK BUtLQlNG L7EPAFtTMENT *rtrttt**»wtrttt*rtw»rtrtw*rtst*rt**srtrtrttt*s**t****rtrts*sst*t*ss*»wwsrttss»*t**t***********s***t****st*ss***»******** FOR OFFICE USE ONLY: BOT Approval Date: PB Approval Date: BOT Disapproval Date: PB Disapproval Date: r Chairman: Attach Resolution: BOT PBA E I ZBA[ I *srt*wwsw*s*srtrt**s*rt»**s»**w*t*s»*rt*wrtrtsrt»*sirtssss*s*sswsss****ssssssrtrtswwsss*s*wrt*srt***rtw**rts»ssrtrttw»*t**rt* ,SITE PL"A'PLICATION SUBMISSION OF APPLICATION DOES NOT ASSURE PLACEMENT ON ANY PLANNING BOARD AGENDA, APPLICANT WILL BE NOTIFIED OF SUCH PLACEMENT. »»*»*»*trts»*w*rtsrtsws*»s»***rt*rtssrtrtt*rts*sst**ssrtrt*ssrt�srtwssrts***rtsrt*s*s»st*rt*»***»s»t***►**rt***»rt*w**»ssrtswrt AMMM:TH18 SITE PLANAPPIICATION REFERENCES BUT IS NOT LIMITED TO THE FOLLOWING CODE SECTIONS OF THE VILLAGE OF RIB BROOK; SECTIONS:250 ZONING, 209 SITE PLAN REVIEW,235 TEES, 107 DEMOLITION OF BUILDINGS,224 SWIiVI MG POOLS,121 EXCAVATION&TOPSOILREMOVAI,I IS EROSION&SEDBU NT CONTROL,213 STEEP SLOPES PROTECTION, 219 SUBDIVISION OF LAND, 25040 NOTIFICATION REQUR NAENTS. DESIGN PROFESSIONALS&APPLICANTS ARE STRONGLY ENCOURAGED TO REVIEW THE ABOVEMENTTONED CODE SECTIONS, AVAH ABLE ONLINE AT M3N,0Mbro0k.or9 PRIOR TO COMPLETING THIS APPLICATION. =PLAN: IdentificationofApplicant• New York SMSA Limited Partnership d/b/a Verizon Wireless("Verizon Wireless") owner: RCCA,LLC d/b/a Doral Arrowwood Address:_ 975 Andjrson Hill Road,Rye Brook,NY E-Mail: Tel.#.. 914-939-5500 gm Applicant: New York SMSA Limited Partnership d/b/a Verizon Wireless c/o Snyder&Snyder LLP 94 White Plains Rd. Address: aaytowo,tly ID591 P-MaU:IZpydeEQj0yd2rlaw,net Tei.#: 914-333-0700 Fax: 914-933-0743 DesignProfessioml: Tectonic Engineering&Surveying Consultants,P.C. Address: 1279 Route 300,Newbur hc�New York 12550&Matt: TeL#: 845-567-6656 Fax: Designate to whom correspondence is to be sent: Note: If applicant is a"Contract Vendee",please attach a copy of the contract summary with financial and confidential teams deleted. IDE TIO&QF A. Identify*Title: 965 Anderson Hill Road B. Tax Designation: Section: 129.34 Block: 1 Lot: 45 C. Zoning District: PUD D. Street which property abuts: Anderson Hill Road E. Does property connect directly into State or County highway? No LAST REMED 7.13 F. is site within 500 feet of Village Boundary? Na If yes note all bordering municipalities: G. Total area of site: 1.59 acres Area of site activity 0.03 acres H. Site coverage: 1.a8 _%; Building coverage: 78.62 No L Existing building size: 38,646 sq ft New/additional building Sim no change J. Existing parking spaces NL New parking spaces N/A K Nature of proposed activity installation of wireless telecommunications facility including a stealth flagpole and related area APPLICATION FEES: Application fees are non-refundable. Environmental Fees and Site Plan Fees must be paid on separate checks. Make checks payable to the:Village of Rye Brook. Residential Dwellings $300 plus-$200 per additional unit Non Residential $450 plus-$30 per parking spare Planned Unit Development $500 per acre PUD Amendment $250 Site Flan Amendment $550 Wetlands&Watercourse $1,100 Consultant Review(Environmental)Fee: Minim wn fee$250-maximum fee$2,500 estimated. Applicant's Environmental Account must have a positive balance at all times prior to any Consultant,Attorney,Village, and Board review. SITE PLAN FEB: 1_ - —DATE PAID: VZ I -&I 1 ENVIRONMENTAL FEE: DATE PAM: Please note that this application must Include the notarized signature(s)of the legal owners)of the above-mentionod property, In the space provided below.Any application not bearing the legal property owner's notarized signature(s)shall be deemed null and Vold,and will be miumed to the applicant. STATE OF NEW YOM COUNTY OF ViESTCHESTEEL ) as: Wnv& f N=Yo*SMSAUWA#d PeilnemNp a =owrig ,being duly sworn,deposes and states that he/she is the applicant above named, 4XintVUWGfh&r;&Ad 24ping astkspfiwao. and fairther states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the lessee -for the legal owner and is duly authorized to mallm and file this application. (ladim -hftw%wnu%W.age4 aftomy.et&) That aft statements contained herein are true to the beat of his/her knowledge and boU4 and that any work performed,or use conducted at the above captioned property will be in conformance with the details as sat forth and contained inthis application and in any accompanying approved plans and specifications,as well as in accordance withtheNawYcdc State UniftmFire Prevention &Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinances and regulations. Swam to before me ffis Swam to before me this �I U I dayof 020— dayof t .20 1Y Notarypublic Ne,N!nyj4!)Pat ip . , at d/b/a VerLzon Wireless SEE ATTACHED LETTER OF AUTHORIZATION V V Signantre of Property Owner S' fico 64jficM f3yap MaybgQk Print Name ofProporty Own" Print Name of Applicant Michael R.BonhoMmo Notary Public,State of New York LAST P"SED 7.13 No.01 B06144229 Qualified In orange County Commission Expires 04/24/201_9 VILLA 938 IeJOK ng S Y105" (014)M 39-.SBOI SITE PLAN SVBAHTTAL REYMW CBECKUST This form shall serve as a checklist for site plan submittal and review by the VillageofRye Brook The use of this plan review checklist by the applicant is to ensure compliance,with the technical provisions of The Village of Rye Brook Site Plan Code,Section 209,pertaining to preliminary and final plan preparation.The Village of Rye Brook Site Plan Code is available at The Village of Rye Brook Building Department or to download at:www.nLebMgk,9r SEM]IAN LTMM[UAL§EULL INICIAME: 1. APPLICATIONS. Completed and signed Including correspondences. 2. CBZCKLIST. Completed and signed. 3. PLANS. Signed, Scaled&Dated. Mean paper(15) copies or twenty (20) copies when Board of Trustees approval is required and one(1)ele-etronle,version. One(1)record set with original signatures,dates and seals may be provided and submitted with fourteen(14)copies or nineteen(19)copies that clearly indicate the signatures, dates,and seals shown on the record set. 4. FEES: All application fees and Environmental he. A separate check for Ong fee and Environmental fee. 5. Environmental Form. Short or Long Form(contact offlee)completed. 6. Electronic Copy. Complete copy of all plans and shag be submitted electronically at time of submission. 7. Prior to the appearance before ANY meeting or hearing of the Planning Board, the applicant must comply with all Notification Requirements of Code Section 25040. 1 Now iers York Sr A P /b/ ertzon Wireless I Ay;. M (APPLICANT'S SIGNATURE)have mad the Notificatio Ai—f Code Section 25040 and will provide notification as required. 'n Requhre�=11=50rl MINDECATI, OF A AEtUQ=S): Identifr.ation of Applicant:New York SMSA Limited Partnership Verizon Wireless drb/a Verizon Wireless Applicant:New York SMSA Limited Partnership Varizon Wireless d/b/a Verizon Wireless Address: clo Snyder and Snyder LLP,94 White Plains Road,Tarrytown,NY 10591 914-333-0700 Fax:914-333-743 -Mail: lsnydar@snydedaw.net Project Name. Verizon Wireless Attached Wireless Telecommunications Facility Project Address: 966 Anderson Hill Road Current property Owner DCCA,LLC,6b/a Dora)Arrowwood Address:975 Anderson Hill Road,Rye Brook,NY Tel.##• Fax-, E-Mail:- IDXrJTMATI QFPffl Identifying Title., 965 Anderson Hill Road Tax Designation;-Section: 129.34 Block: i Lot: 45 Zoning District- PUD Street which property abuts: Anderson Hill Road Plan Submission Date: Site Plan Checklist PsgelofIl Project Address XNNA VAMffffa(ffBEMCM 0 00 15-20 copies of pleas prepared and signed by a registered Land Surveyor,Engineer or Architect. 0 00 One(1)electronic copy of all submitted plans. 0 00 Topographic Survey stamped by Now York State Land Surveyor with license number and seal 0 0 * Topographic survey scale of one(1)inch per twenty(20)feet or larger. 00 Section,block and lot uumbero of the property taken from the latest tax records along with a copy of the most recaut property card an file with the Town of Rye Tax Assessoes office. 0 00 Name ofthe proposed subdivision plan. 0 00 Name and address of the owner of record, 0 00 Name and address of the applicant. 0 00 Deed M%rano4e). 00 0 Names,addresses and signature of every Engineer,Architect Land Surveyor or Soil Scientist whose professional seal appears an any site plan submitted to the Board. 40 0 0 North arrow and scale. 0 00 Location map at the minimum wale of I"equals 1,000 fcaL & 00 Area of all lots,in square feet. 0 00 Engineering notes on plans as stated,in application packages. 0 0 * Copies of all existing and proposed deed restrictions or covenants applying to the property,including,but not limited to, covenants and agreements restricting the use and establishing future ownership and maintenance responsibilities for all private roads,recreation,and open space tress. 000 Any prior land use approvals with respect to the subject property. 000 Date the plans were first drafted. Anyrevision(o)made to any ofthe sheets*4 submitted are to be so noted in the revision block. The revision block is to be placed onto originals ofthe revised shads. Additional paper copies are to be made& submitted for the Planning Board&Building DepL to replace those sheets previously submitted. 000 Other uisting site improvements,including,but not limited to,fenoea,landscape orrataining walls,landscaping saomink 1600 Location of all buildings and structures an the premises and approximate location ofoll neighboring buildings cr structures Wilbitt IOD"Of this lot line. 000 Fen paid to The Village of Rye Brook Building Department 000 Any revisions to plan shell be identified with arovision cloud and numbered revision triangle X N FA AROMUMMUZEM-09MUM 0 0 0 The names and addresses of all abutting Property owners within 2.50 it as indicated in the Municipal records. 0 00 Zaning and use of abutting properties noted an plans. 0 0 * Shape,size,licigitt and location of existing buildings and driveways within me hundred(100)Ext ofthe site. 0 00 Location and description of wdsfwg easements within one hundred(100)fed of the site. 0 00 Location of existing private or public trails within one hundred(100)fed ofthe site. 0 00 Location of existing rondo,scenic roads andfor driveways within two hundred(200)too ofthe site. 0 00 Location ofFcposcd parkland.Ifnanc:state nearest rccreadon fiscility 0 00 Location of odsting septic system leach fields within two hundred(200)fast of the site. 0 00 Locations,dimensions,Wades and flow direction of existing sewers,culverts,waterlines on well as other underground utilities within and adjacent to the property, Site Plan Checklist Page 2 of 7 Project Adders 000 The location of all existing watercourses,intermittent steams,wetland arms and springs,consistent with the definitions so forth in Chapter 245,Wetlands and Watercourses,ofthe Code ofthe Village of Rye Brook Y N NA PRQMS"SITE PLANINFQMTIfIN 0 00 Sufficient acceptable inftmaticst to readily determine the location,bearmg,and length of every street line,lot line,and property boundary line. 0 0 0 Location of all building setback boo. 0 0 0 Topographic data at a minimum contour interval of V-Vincrements,showing existing and proposed contours on the property and extending a minimum of25 fed into all adjacent prapertica. 0 0 0 The location and characteristics of the different arm of vegetation,including the identification of all individual tees 12 or more inches in diameter at breast height("DBIr),protected trees of any size,as well as stands of trees and wooded areas, within area of proposed disturbance,consistent with the provisions of Chapter 235,Trees,of the Code of the Village of Rye Brook. 0 0 0 Location and proposed development of all buffer areas,including existing vegetativo cover, 0 00 Location and description of any zoning district and municipal boundaries including a zoning compliance chart for the existing and proposed lots. 0 0 Shape,size,height and location of all existing and proposed buildings. 0 0 * Location and description of any existing and proposed easements. 0 00 Location and dimensions of all existing and proposed stress,driveways,sidewalks,parking spaces,bicycle parking, loading aress and other facilities associated with the proposed Use. 0 0 0 Identification ofthe location and amount of building area proposed for retail sales or similer commercial activity. 0 00 Location of oxiating and proposed utilities(water,sewer,M electrical,telephone,oil tank etc.). 0 00 Design and location of all existing and proposed wells,septic tanks and leach field systems,or methods ofwaste water disposal. 0 00 Location,type and size of all existing and proposed landscaping and screening including fences and wails, 0 0 0 Location,size and proposed screening of outdoor storage arcas,if any. 0 0 0 Location, "go and construction material of all existing or proposed site improvements, including drains, culverts, retaining walls,landscape wells andAmocs. 0 00 Bxtcrior lighting plan and proposed sips to be located no site,including sip orientation,size,freight,and elevation view. 0 00 Stem drainage plan and plans for snow removal and storage. 0 0 0 Pedestrian and automobile circulation plan. 0 0 0 Construction drawings for pavements,walks,step,curbing,drainage&other structures associated with the proposed use, 0 00 Erosion and sedimentation control plan,including installation details of pr control measures,directive construction notations and a schedule for the Wtallation and maintenance o(proposed control measure. 0 00 Description of measures planned to assure proper erosion and sedimentation control in accordance with the requirements of Chapter 118 entitled"Brosi an and Sediment Control,"ofthe Code of the Village of Rye Brook 0 0 0 Drawing and computation,for stem water detention design fur a 2$-year storm in accordance with the Westeitester County Best Manage ntent Practices 0 00 Rock outcroppings and areas of steep slope consistent with the definitions sat hrdt in Chapter 213,Steep Slope Protection, of the Code of the Village ofRye Brook 0 00 Location of any common lands and/or public lands. 0 00 Phasing or an estimated project construction schedule. 0 00 Supporting documents,including loads,maintenance,condominium,agreements,etc, Site Plan Checklist Page 3 of 7 FrOect Addma 000 Location of proposed construction or area of disturbance and its relationship to any property line, easement, building, structure, read, wall, fence, sewage disposal system, well, wetland feature of tree exceeding six inches in diameter measured at a height of four het from the ground 000 Estimate of earthwork showing the quantity of any material to be imported to and/or removed from the site including a chart with the number/species and size of any trees to be removed. 000 Location and size of areas of soils by soil types In the area of proposed disturbance and to a distance of IOU fed amunding the area of disturbance. 0 0 0 Cross sections of steep slope areas. 0 0 0 Retaining walls or like constructions,with details of construction. 0 0 0 Approximate boundaries of any areas subject to flooding or stormwatc-overflows,including areas of special flood hazard and coastal high-hazard area,consistent with the definitions set forth in Chapter 130,Flood Damage.Prevention,of the Code of the Village of Rye Brock Approximate Wetlands and wedend buffer boundaries shall be clearly delineated. 0 0 0 Location of fire and other emergency zones,including the location of firs hydrants. 0 0 0 Studies to include,but not necossatily limited to. environmental hupact analysis,wildlifi;traffic,stormwater management,recreation,public service,fiscal impact,visual impact and historic significance documentsdon,or a written request to waive the submission requirements for these old 0 0 * Amount of any bonds required. 0 0 40 Amount of movated Material to be removed from site,if any, X_N MA QZM(gr. Mk" 000 Record of application for and approval status of all necessary permits from state and county officials and local utility companies. 000 Identification of any federal,state or county permits required for the projooft execution,including project referrals, if any,&environmental review procedures mandated by Article 8,Environmental Quality Review,of the Environmental Conservation Law(SEQRA). 000 Any other information felt necessary by the Planning Board to allow the Board to proceed with consideration&to make an informed decision. RE VEL QE49M RE VM ff CP CKMST ?R EQ LL—A–Aam B Notice to ApplicantalDevelopen., At some point during the development review process your project may be rcf=ed to the WeStehestar County Planning Board for review and comment in accordance with state and county laws that require local planning boards, zoning boards of appeals and governing bodies to refer certain development applications to the County Planning Beat Referral to the County Planning Board may not occur until your project has progressed well along through the design process.Since the Planning Boards comments may impact project design,this checklist is provided to encourage early consideration of then am of concern by applicants to avoid project changes later. For information on the County planning Board review process and to access an electronic copy of this checklist, ge online to www.vmstcheotergov.00mll)la=izigre%rals or contact LaAw Harbert at IuhS@wefftchcaWgov.c=. L COUNTY PLANNING BOARD POLICIES: Written policies underlie all recommendations of the County Planning Board. Womhater 2023-Con AWfor Cowry and Mw"pal Ploadng and Policies to GA&e ConoW Plannhm adopted by the County Planning Board on 516108,amended 15110,can be found at ww.wcstchcattsVvcom1202S. a Westchester 202$:Policies should be reviewed to determine how they relate to the development proposal. 11.IMPACTS TO COUNTY FACILITIES AND SERVICES: The County Planning Board coordinates the review of development projects with Westchester County departments to identify and address potential impacts an County services and biftstruclure.In some situations,permits and approvals may be required that could change project design. Site Plan Checklist Page 4 of? Pmject Address ❑ Map of County Facilities: Review the State&County Roads and Parks map(which also includes county channel lines)to identify proximity to County facilitim at: www westchestagov.com/pbmmgdocs/pdfmapstcountAtwWmdsparrks pdt Other useful map links for infprmation about environmental features, septic/sewer map, county sewer districts map, etc can be €ound at: www.westchestergov.com/maps ❑ COUNTY ROAD:,Applications for development on sites that abut a County road must be submitted for review by the County Department of Public Works.Information and farms can be found at:www.wwtcheswgoy.con/dpw/bldgp=Lhtm.Former County Roads do not need review by the Department of Public Works,but will still likely trigger a review by the County Planning Board. Q COUNTY CHANNEL LINES:Applications for development on sites within 100 feat of a designated County Channel Lane require a stream control permit firnn the County Department of Public Works. Information and forms can be found at: www.wgftheswgov.omddpw/bldgpetm,bttn 11 COUNTY PARK:New construction&land alteration projects adjacent to County parks are expected to address screening cur buffer of now uses from the park,as appropriate. Stormwater should not drain ftin a developed site onto a Canty pork without acceptable quantity and quality controls.Countyparks aro designated as Critical Environmental Areas. SEWAGE TREATMENT AT COUNTY TREATMENT PLANT. Local municipalities aro required to reduce and eliminate billow and infiltration W into the sanitary sewage systems tributary to County treatment plants.New development will be expected to reduce I&I in relation to generation of new flow at a ratio of three to one.This requirement most be discussed with local QMCIala. 0BEE-LM BUS SERVICE:Bee-Line bus stops serving a development site should be identified an plans or noted if located off-site. If a bus step is located along the site's frontage, the applicant should contact the County Department of Transportation to discuss impacts and the need for improvements.Safe and separate pedestrian access should be provided to link a bus stop and sidewalk with building antrances. Thfurnation on County bus service and design guidelines can be found at: wastchwtargov..cor Aronsportationtimages/Bus%2OSmvicePA20OWdalines.pdf ❑FAIR AND AFFORDABLE HOUSING: Many municipalities require inclusion of fait & affordable units in now developments. Financial assistance to,achieve fair&affadable housing development is available through Westchester County& other somm.Applications that Intlaile new residential units to be affIrmatively marketed&said or rented subject to fair& affordable housing provisions should be tied to Westchester County guidelines on affordability including income guidelines of eligibly households that am be found at: bttp.-//hoM*s,w*sk&**Wv.com/. If County Sinding is sought to develop fair & affordable housing,the County Board of Legislators must be included as an involved agency under SSQR. CIRLCYCLING'.Now buildings must contain a designated area of sufficient size for separation and storage of r bles and trash.Building expansions should also include sufficient space for separation and storage of recyclables.For more information abort County recycling requirements go to:www.westchastargoy.cointeriviresiment recyciing.htm 13STORM SEWER SYSTEM:Any connections to a County storm sewer line will require a permit from the Department of Publie Works in accordance with the Canty Illicit Discharge Detection and Elimination(IDDE)law.Inibmation&firms can be found at:www.wostcbosWgov.com/Opwfbldpembtm btm Non water discharges to the County storm sower system are prohibited. III,DEVELOPMENT STANDARDS The County Planning Board's land use policies focus attention an several aspects of development that may have iatamunicipal and quality of life impacts.The list below includes arm most frequently commented on by the County Planning Board. ©WATER: All development plans should include sufficient provisions for stormwater management,water quality measures and mitigation of flooding. ©Plans should identify the major drainage basin or watershed the site is located in (Croton River, Upper Hudson River, Lower Hudson,Upper Lang Island Sound,Bronx River and Lower Long Island Sound),An interactive map with watershed boundaries can be Emmd at wwwwestchWargoxcom/plannkg/ &tddminbasinsl lxl7.ht W ©Watershad plans have been developed fru several of the County's watersheds-the Croke,Indian Brook-Cmtcrn Gorge,Bromc River & Long Island Sound watersheds - that include specific recommendations that apply to development projects. Sao recommendations in watershed plans at:plamning westchestergov.cam/mdox.php?option--con oc mtant&task=viaw&id=1231& ltami&&=04 Site Plan Checklist Page 5 of 7 Project Address OI)cvrlopment that involves filling, creation of impervious surfaces or buildings and substantive,loss of natural vegetation in a floodplain or flood prone area should be avoided, 0Above ground,vegetated retcatiouldetention basins or devices are preferred because they parlbrin better,am ewer to inspect and maintain and provide additional environmental benefits over subsurface structural devices. Any such treatments should not be constructed within wetlands or buffer areas around watlimda. OThe development should treat and retain as much starrawater on-aft as possible,particularly when tha site is located in a drainage basin with known flooding problems.A Construction Stormwater Toolbar with tools and swoes of technical inftinafirm related to the construction activities and stornivater management best practices is available from the Now York State Department of Environmental Conservation at www.decny.gov/chcmic"694.htm1 ONew development should include protection of aquatic resources.For more information about protection of aquatic resourc-es buffer areas,go to:planningwestches*gay.con ilindox.php?option-�oom-cmtwt&usk--Niew&id=1491&JlmWd=2458 131nipavious cover should be minimized Permeable paving anfaces should be used where feasible.Vegetative rein gardens should be used,particularly in areas of overland or channelized otormwater flow,to improve storinwater quality,and reduce runoff volume. For more information,go to: www-westcliestergovcom/stonawater ElBuildings along Coastlines and low lying a=should consider the impacts of an level rise. Specific Consideration is required of potential impacts to mrfim and subsurface drinking water supplies. IJ SITE LAYOUT.Aesthetic design,building orientation and community character should be considered in the site layout and building appearance, 0In most locations,buildings should Blot the street and have pedestrian access from the street. ©Commercial buildings should be located near the fixiat street Hue with the majority ofparldng located in the rear ofthe building. Even gas stations and convenience stores should be upfront in a landscaped setting with parking,pumps and canopy toward the row. DBuildings should be ofpcdestriati-scalc when a=from the sidawalL ElBuilding facades should contribute to and enhance the character of the community. ElDriveway and pathway connections should be provided to a4acent sites when possible and crossessaments provided. 13STREETS.Street design should reduce unwarranted paving and promote Connectivity. ONew sheets should Connect with adjacent streets wherever ftisible to prevent the proliferation of dead-end streets and promote neighborhood integration. OCormoctions could be vahicnler or pedestriantbicycle only,where appropriate. 13$ftd widths should be minimized for streets with low traffic volume to reduce speeds and impervious sur thom lAw widths of 12 feet are only appropriate for major roadways. [Driveway widths should be no more than 9 fed to reduce impaMous snifiCes. OPeremble paving m*m should be used where feasible. ©G N TECBNOLOGV.Now development should Include as many green building Clemente as posslble,such as:renewable building matmulk energy efficient heating/coolmg systems and ftturcs,water saving devices,green roof3 and permeable paving surfaces.Information can be obtained from the U.S.Green Building Council at www.u&gbr.mg. 13 LANDSCAPING AND LIMITING.The site improvements should enhance community character, Site Plan Checklist Page 6 of 7 CI Landscaping should consist of native pleat qm:dcg gppm Rqed Afteas Prl*ft Ole locadou-JUVIRdw Plant opcdca should be indulited. Iuvww plant MftaWdoa available at www wv..ftbesWVv L3 POMftut Wld1VW Plantings shoultd.OffsChvely shield partm&WftS am and rdbw cullectm aftL 13 she lighting should be provided at the lowest u&levels and lowest hdotk&vadkg an Villap off site, 0 PEDESTRIANS.Safk convenient and ADA accessible pedestrian seem is Funded. El A sidewalk shuchl be provided Gloag he N&ft$*p Wong each Shea 0 Direct Pcdestlin COVOwdow should be made fmm the toci of Ste buUdinS to go sidowalL Pedestrian=wings ofdrive-ways, PRfkiC9 ICU should be minknized or Avoided.IfdW must bo pavvided,Pahftd Mmautim should be provided ffiro*pig lots. 13 ADA accossibilitymeet hap vWdai 0 BwYcusTs.Provisions lis,Wcycuw should be inmPMW low prrjtxt dodge. [3 Dicyclopar*ing should be pmvided'a councMW sed Mddgftdd d49014MUCUM GUiddim on be Jbuad at W ww.apbp.mvkmmumkmmpept�cnaNcyric Paricb,&guidefiampa 0 MUM a tailway,or bicycle route,oft conaldcattion should be Own to bicycle accouildliq such as bike lanes M lonand roadways,bicycle PwkWg and other arecultics 0 Ddv*4vu holes at uses such as banks and fast food reswumtg should also be accessible for bicycles. Upo*fisAq by ft BWW'qg hgoder'VMW RnOom Pk-kg Board Or Board of 7Wumo; ala to V 0 a Hmi%d=bM of davalopmeat or change in use or to gpOQW G=dWau PCMMW to a AN do M*Udwm of 04 the ad dar hx2dor or mk-nft Muadfy tophad,as,put of dw site d"alopmW p, a&W site p1W%or CMWU potions of on,is bipproxista at ummagwyor abW omoptiv=WI&said m&MWOu M xOqWM=z*wilt oscas O&GonHury and wM00"MY hardd*such offloW at and may wal"guchjW aubmbsion roquiromcaft Whoraw in opinion of such of&W at B=4 VUOh waiver will be owaWnd wilh thg pal of pos,04g the public haft ha *and paxad welfare of to couanan'ty'7ba ft&W Ix VRU&g Rich WQhW doll bsoome 8 PW ofto pubHo tocoqL AM WMTW jeVOW mW be Made to hNibuft SUffidazit dobdkd kdbruadou for So NPPvPlaft makeguftm*to make as Infimnad dociw adox. rft& d In I I have MY reviewed the Village of Rye Brook$requftemaub and cul*this application to be a complete submission. I Understand that an bwmPhft PW Of incomplete checklist Shall be deemed an '=OuPldc MAMd9dCA and shall be retmaW to the applicaw upon d*0269fim of such by the appropriate auffladly. Nam(Print) Edward N.lamiceli 02 WO LU Date f A, f = z NOFES Cheek Li MIZ13 Site PINA Chs*Hxt Page 9 of 7 D ECEUVE Full Environmental Assessment Form Hart 1-Project and Setting DECEDEC 112014 V FIL LLA G7E o-pp v, Instructions for Completing Part I SUI SU �E BROOK ILDING C)Er''ARTWIENT on Part I is to be completed by the applicant or project sponsor. Responses become part of the application for approval or ung, are subject to public review,and may be subject to further verification. Complete Pan I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor,and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete eat items in Sections A&B. In Sections C,D&E,most item contain an initial question that must he answered either"Yee'or"W. If the answer to the initial question is"Yee',complete the sub-questions that follow. Ifthe answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part I is accurate and complete. A.Project and Sponsor Information. Name of Action or Project: Proposed Verhmn Wheless Attached Public UtUlty Wireless Telecommunications Facility Project Location(describe,and attach a general location map): 966 Anderson HIII Road,Rye Brook,MY Westchester Courtly Brief Description of Proposed Action(include purpose or need): An attached wireless telecommunications facility on the Doral Arrowwood hotel.The facUlty Includes a rooftop flagpole with concealed antennas and related equipment. Ninno of ApplicanVSponsor: Telephone:914-714-7371 Now York SMSA Umfted Partnership dAA Vertzon Wireless("Verizon Wtmless*) E-Mail: Address,4 Centorock Road City/.PO:West Nyack State:Now York Zip Code:tom Project Contact(if not same as sponsor;give name and tiflehole)- Telephone: E-Mail: Address- City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone-914-936-6628 DOCA,LLC d/Wa Doral Affawwood E-Mail: Address: 976 Anderson Hill Read City/Po: Rye Brook State:New York Zip Code,,,s, Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Fundings includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:Identify Agency and Approval(i) Application Date Required (Actual or projected) a,City Council,Town Board, OYesL3No Village Board:Special Perniftand Site Plan 11/2014 or Village Board of Trustees Approval b.City,Town or Village E3Yes&No Plannim Board or Commission c.City Council,Town or [JYes0No Village Zoning Board of Appeals d.Other local agencies MSONO Building Depertinent-Building Permit e.County agencies 13YOSWNO f Regional agencies 13YesONo &Stats agencies 13YcsONo h.Federal agencies 0YesMNo L i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? MesMNo it. Is the project site locaied in a community with an approved Local Waterfront Revitalization Program? ❑YesONo iii. Is the project site within a Coastal Erosion Hazard Area? r1Yes0No C.Planning and Zoning C.I.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the OYesMd only approval(s)which must be granted to enable the proposed action to proceed? • H Yes,complete sections C,F and Cl. • NNo,proceed to question C.2 and complete all remaining sections and questions in Part I C—Z Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site MesONb where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action Mes[:No would be located? b.Is the site of the proposed action within any local or regional special plarming district(for example: Greenway MesMo Brownfield Opportunity Area(B0A);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): e. Is the proposed action located wholly or partially within an area fisted in an adopted municipal open space plan, OYesONo or an adopted municipal fa land protection plan? If Yes,identify the plan(s): WA:(odallation Is Ion existing rogft and existing ggUlinugoi pgd, Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance, OYes[3No If Yes,what is the zoning classification(s)including any applicable overlay district? The pmp=d Bulkily lg.IMM vAthfn the PUD district with Abort(Z-1)and Sodr, QHdft d$WCL b. Is the use permitted or allowed by a special or conditional use permit? OYasC3No e.Is a zoning change requested as part of the proposed action? OYesONo If Yes, L What is the proposed new zoning for the she? C4.Existing community services. a.In what school district is the project site located?Bund&xx*-Rye Union Free School District b.What police or other public protection forces serve the project site? So QEQ2k ftlicM Deparfamant c.Which fire protection and emergency medical services serve the project site? ye Brook FIE@ Department d.What parks serve the project site? NIA D.Project Details D.I.Proposed and Potential Development a.What is the general nature ofthe proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)?Public Uglily b.&Total acreage of the site of the proposed action? 0,03:k RaW b.Total acreage to be physically disturbed? WA acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0,01 acres c.Is the proposed action an expansion of an existing project or use? OYesONo 4 If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? OYesOKO If Yes, i Purpose or type of subdivision?(e.&,residential,industrial,commercial;if mixed.specify types) iL Is a cluster/conservation layout proposed? OYesONo N.Number of lots proposed? iv.Minimum and maximum proposed lot sizes? Minimum Maximum e.Will proposed action be constructed in multiple phases? OYesONo L If No,anticipated period of construction: months it. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase I(including demolition) _ month year • Anticipated completion date of final phase -month ____year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 it,Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: N.Will proposed action cause or result in disturbance to bottom sediments? [3YesONo If Yes,describe: iv.Will proposed action cause or result in the destruction or removal of aquatic vegetation? [3 YesE3No If Yes: acres of aquatic vegetation proposed to be removed. • expected acreage of aquatic vegetation remaining after project completion: purpose of proposed removal(e.g.beach clearing,invasive species control,boat access)-. proposed method of plant removal: • if chemic"erbicide treatment will be used,specify product(s), v.Describe any proposed rcclarnation/witiggion following disturbance: c.Will the proposed action use,or create anew demand for water? 11Y108040 If Yes: I Total anticipated water usageldemand per day: gallonstday A Will the proposed action obtain water from an existing public water supply? Elyes ENO Ifyes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? OYesl-1No • Is the project site in the existing district? rlYesElNo • Is expansion of the district needed? OYesONo • Do existing lines serve the project site? OYesCINo M Will line extension within an existing district be necessary to supply the project? OyesONO If Yes: • Describe extensions or capacity expansions proposed to serve this project- • Source(s)of supply for the district. iv.Is a new water supply district or service area proposed to be formed to serve the project site? 0 YesONo If,Yes: * Applicant/sponsor for new district: Date application submitted or anticipated: Proposed source(s)of supply for new district: v.If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),maximum pumping capacity:_gallons/minute. d.Will the proposed action generate liquid wages? E3YesONo IfYes: L Total anticipated liquid waste generation per day: gallonstday U.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,indushid;if combination,describe all components and approximate volumes or proportions of each): M.Will the proposed action use any existing public wastewater treatment facilities? E]YesMo If Yes: • Name of wastewater treatment plant to be used: • Name of district • Does the existing wastewater treatment plant have capacity to serve the project? [3yes[INO • Is the project site in the existing district? OYesEJNo • Is expansion ofthe district needed? C]YesONo Page 5 of 13 • Do existing sewer lines serve the project site? 13YOSONO • will line extension within an existing district be necessary to serve the project? ❑yesoNo If Yes: • Describe extensions or capacity expansions proposed to serve this project: k Will a new wastewater(sewage)treatment district be formed to serve the project she? 0YOSONO Tf Yes: • Applicant/sponsor for now district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe piano to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge,or describe subsurface disposal plans): vi.Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes®No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? 117Yes: L How much impervious surface will the project acme in relation to total size of project parcel? Square feet or acres(impervious surface) Square feet or _acres(parcel size) ii Describe types of new point sources. fil.Whom will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? • if to surface waters,identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? EIYOSONO iv.Does proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? 13Yas13No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel 0YOSEINO combustion,waft incineration,or other processes or operations? If Yes,identify: 1.Mobile sources during project operations(e.g.,heavy equipment fleet or delivery vehicles) WA ii.Stationary sources during construction(e.g.,power generation,structural hoofing,batch plank crushers) hVA Ut Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) fineNanc �A power In to event of an extended power outage. yAonarator for back -A Will any air emission sources named in DIf(above),require a NY State Air Registration,Air Facility Permit, OYeSONO or federal Clean Air Act Tide IV or Title V Permit? If Yes: j. is the project site located in an Air quality non-attainment area? (Area routinely or periodically falls to mad [1yes[INO ambient air quality standards for all or some parts of the year) iL In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tow)of Carbon Dioxide(CO2) • Tonslyear(short tons)of'Nitrous Oxide(N20) • Tonslyew(short tons)of Perfluorocarbona(PFCs) (short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of'Hydroflourocarbons(HFCs) Tons/year(short tons)of Hazardous Air Pollutants ORAPs) Page 6 of 13 h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, Yes Na landfills,composting facilities)? Ifyes: L Estimate methane generation in toudyear{metric}: If.Describe any methane capture,control or elimination measures included in project design(e.g„combustion to generate beat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from opea-air operations or processes,such as [JYcs0No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial []YesoNo new demand for transportation facilities or services? If Yes: i When is the peak traffic expected(Check all that apply): Ll Morning [I Evening Oweekend [I Randomly between hours of to it,For commercial activities only,projected number of semi-traffer truck trips/day: 1K Parking spaces: Existing Proposed Net increase/decrease iv.Does the proposed action include any shared use parking? 13Yes[]No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation services)or facilities available within%mile of the proposed site? YesNo 0 Will the proposed action include access to public transportation or accommodations for use of hybrid,electric BYesB'No or other alternative fueled vehicles? vtft.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing E]YOUNO pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand OYes No for energy? If Yes: L Estimate annual electricity demand during operation of the proposed action. Minimal Increase In electrical Now sub-motor within exislinabuilft) H.Anticipated sourets/suppliers of electricity for the project(e.g,on-site combustion,on-site renewable,via gridilocal utility,or other): Con-Edlson UL Will the proposed action require a new,or an upgrade to,an existing substation? []Yes0NG 1.Hours of operation. Answer all items which apply. 1.During Construction: if. During Operations: • Monday-Friday: SAM-OPM(F*town code) 0 Monday-Friday: • Saturday: 9AM-4PM Per town cods) a Saturday: • Sunday: IWA 0 Sunday: • Holidays- WA 0 Holidays: Page 7 of 13 in.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, 0yesoNo operation,or both? If yes: 1, Provide details including sources,time of day and duration: it. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? F3 Yes 0No Describe: n.,Will the proposed action have outdoor lighting? IZYes[]No If yes: L Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: The proposed tedilly MH have a non-dare motion sensor activated lightlan by mgftm gamiRM111 ii, Will proposed action remove existing natural barriers that could act as a light barrier or semen? LlYes ONo Describe: o,Does the proposed action have the potential to produce odors for more than one hour per day? 0Yes0No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) OYes®No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i Product(s)to be stored A Volume(s)_ per unit time (e.g.,month,year) M Generally describe proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, Yes ONO insecticides)during construction or operation? If Yes: I Describe proposed treatment(s); IL Will the proposed action use jqgmted Pest ManSement Practices? Q Yes ONo r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal E]Yes oNo of solid waste(excluding hazardous materials)? If Yes: L Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tow per (unit of time) • Operation: tons per (unit of time) fL Describe any proposals far on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: M.Proposed disposal methods/facilities for solid waste gencrated on-site: • Construction: • Operation: Page 8 of 13 s.Does the proposed action include construction or modification of a solid waste management facility? ❑Yes 0 No If Yes: I Type of management or handling ofwaste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): it Anticipated rate of disposal/processing: • Tondmonth,if transfer or other non-combustloaftermal treatment,or • Tons/hour,if combustion or thermal treatment iii.If landfill,anticipated site life: Yews t Will proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous Yes No waste? If Yes: 4 Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: it Generally describe processes or activities involving hazardous wastes or constituents: fit.Specify amount to be handled or generated tonslmonth iv.Describe any proposals for on-site minimization,recycling or rouse of hazardous constituents: v.Will any hazardous wastes be disposed at an existing offsite hazardous wade facility? Yes No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.I.Land uses on and surrounding the project site a.Msting land uses, I Check all uses that occur on,adjoining and near the project site. ❑Urban ❑ Industrial 0 Commercial 0 Residential(.suburban) 0 Rural(non-farm) ❑Forest ❑ Agriculture ❑ Aquatic 0 Other(specify):Hotel/Conference Center it If mix of uses,generally describe: b.Land uses and covertypes on the project site. - Land use or current Acreage After Change CDVe Acreap Project Completion (Acres +1- • Roads buildings,and other paved or impervious surfaces WA NIA WA • Forested WA N/A WA • Meadows,grasslands or brushlands(non- WA WA WA !1�cultural,including abandoned agricultural) • Agricultural WA VA WA (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,ft.) WA WA WA • Wetlands(freshwater or tidal) WA NIA NIA • Non vegetated(here rock earth or fill) NIA N/A WA • Other Describe: Page 9 of 13 c.Is the project site presently used by members of the community for public recreation? FlYeONO i,If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g,,schools,hospitals,licensed OYMONO day cm centers,or group homes)within 1500 feet of the project site? If Yes, i Identify Facilities: e.Does the project site contain an existing dun? [3YesZNo If Yes: 4 Dimensions of the dam and impoundment • Dam height: feet • Dam length: feet • Surface area: acre$ • Volume impounded: gallons OR acre-feet U.Dam's existing hazard classification: Ut Provide date and summarize results of last inspection: f,Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, OYOONo or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? Wyes; L Has the facility been,formally closed? ElYwO No 0 lfyes,cite sourcestdocumentation: it.Describe the location of the project site relative to the boundaries of the solid waste management facility: M.Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin Olyes;ONo property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: 1.Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported split at the proposed project site,or have any [Z]YesEZ No remedial actions been conducted at or 4went to the proposed site? If Yes: L Is any portion ofthe site listed on the NYSDEC Spills Incidents database or Environmental Site Remediation database? Check all that apply: Yes–Spills Incidents database Provide DEC ID number(s): Yes–Environmental Site Remediation database Provide DEC ID number(s): 0 Neither database 1L If site has been subject of RCRA corrective activities,describe control measures: iii.Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? E3Y;;O—No If yes,provide DEC ID number(s): iv,if yes to(i),(h)or{iii)above,describe current status of site(s): Page 10 of 13 v.Is the project site subject to an institutional control limiting property uses? [:]YesONo • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? OYesONo • Explain: 91. Natural Resources On or Near Project Site &What is the average depth to bedrock on the project site? MIA feet b.Are them bedrock outcroppings on the project site? OYesONo If Yes,what proportion of the site is comprised of bedrock outeroppings? % c,Predominant soil type(s)present on project site; N/A —0/0 WA -A WA % cL What is the average depth to the water table on the project site? Average: w1A feet e.Drainage status of project site soils.-F3 Well Drained: WA_O/o of site [I Moderately Well Drained: -W/*of site [I Poorly Drained NIA%of site f.Approximate proportion of proposed action site with slopes:d 0-10-RO.- --NIA 210 Of site ❑ 10-15%: --stA-010 of site ❑ 15%or greater: --NA210 of site g.Are there any unique geologic features an the project site? ENWO—No IfYes,describe: I Surface water features. 1.Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, [JYes0No ponds or lakes)? it.Do any wetlands or other waterbodies adjoin the project site? 13yesONO If Yes to either i or ff,continue. If No,skip to E.21 Ut Are any ofthe wetlands or waterbodies within or adjoining the project site regulated by any federal, oyeso% state or local agency? iv.For each identified regulated wetland and wetarbody on the project site,provide the Mowing information: 0 Streams: Name Classification • Lakes or Ponds: Name Classification Wetlands: Name Approximate Size Wetland No.(if regulated by DEC) v. Are any of the above water bodies fisted in the most recent compilation of NYS water quality-impaired E]YesWNo waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? 13yeso4o j.Is the project site in the 100 year Floodplaln? 1JYes0No Jr.Is the project site in the 500 year Floodplain? OYesONo 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? OYesONo If Yes, i.Name of aquifer. Page I I of 13 in. Identify the predominant wildlife species that occupy or use the project site: N/A:installation Is an e)ds#M roofton and equipment pad. n,Does the project site contain a designated significant natural community? ❑YesONO If Yes: L Describe the habitattcommunity(composition,function,and basis for designation): H.Source(s)of description or evaluation: W.Extent of community/habitat • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑YeSONO endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of Yes No special concern? q.Is the project site or adjoining area currently used for bunting,trapping,fishing or shell 6shing? ❑Yes®No If yes,give a brief description of how the proposed action may affect that use: W. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑YesoNo Agriculture and Markets Law,Article 25-AA,Section 303 and 3047 If Yes, provide county plus district narne/miniber: b.Are agricultural lands consisting of highly productive soils present? OYesONo 4 If Yes-acreage(s)on project site? it Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: L Nature of the natural landmark: ❑Biological Community ❑ Geological Feature it Provide brief description of landmark,including values behind designation and approximate sizatextent- d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? OYMONO If Yes: i CEA mune..Airport OD Ldn Noise Contour A Basis for designation:Exceptional or unique character UL Designating agency and date: Date:i-31-St},Agenty.WsWCWnty Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes®No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: L Nature of historic/archaeological resource: ❑Archaeological Site []Historic Building or District it.Name.- M.Brief description of attributes on which listing is based: f.is the project site,or any portion of it located in or adjacent to an area designated as sensitive for E]YesONo archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ElYesoNo If Yes; 1.Describe possible resource(s): ii Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local OYes[]No scenic or aesthetic resource? IfYes- L Identify resource.Crawford Tom Park U.Nature of,or basis for,designation(e.g.,established highway overlook state or local pad,state historic trail or scenic byway, etc.): ocal Park ft Distance between project and resource- 2,0 Miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers [I YesONo Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: it Is the activity consistent with development restrictions contained in 6NYCRR Part 666? []YesE]No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could he associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them G. Verification I certify that the information provided is true to the best of my knowledge. ApplicantlSponsor Name Anthony Botts Date 12102/14 .0 Jut— Signature dAsie.-P-6m; Title Project Engineer 41 PRINT Ft3RM Page 13 of 13 W.O:6666.PURC2 VZW SITE NAME:PURCHASE 2 965 ANDERSON HILL ROAD,RYE BROOK NY CE3 AIM s Agency Use Only[If$ppli-btel Full.Environmental Assessment Form project: [— Part 2-Identi f cation of Potential Project Impacts Dau; —� Part 2 Is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1, To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question, When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1, • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each ofthe 18 questions in Part 2. • Ifyou answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis, • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components ofthe proposed activity,that is,the"whole action", • Consider the possibility for longterm and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and content of the Eroid. 1. .Impact on Land Proposed action may involve construction on,or physical alteration of, [ZNO []YES the land surface ofthe proposed site. (See Part 1.D.1) 1 "Fes" answer questions a- I "No",move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) Impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet b.The proposed action may involve construction on slopes of 15%or greater. Elf ❑ ❑ c.The proposed action may involve construction on land where bedrock is exposed,or Eta ❑ ❑ encral within 5 feet of existing ffound surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a 0 ❑ of natural material. e.The proposed action may involve construction that continues for more than one year Die ❑ ❑ or in multi le Ehases. f,The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides. g,The proposed action is,or may be,located within a Coastal Erosion hazard area. B l i ❑ ❑ h.Other impacts: ❑ ❑ Page 1 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to,any unique or unusual land forms on the site(e.g.,cliffs,dunes, ®NO ❑YES minerals,fossils,caves). (See Part 1.E.2.g) If"Yes", answer questions a-c. ff"No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may .-may,occur occur a.Identify the specific land form(s)attached: 92g ❑ ❑ b,The proposed action may affect or is adjacent to a geological feature listed as a Wo ❑ 13 registered National Natural Landmark. Specific feature• c. Other impacts- ❑ ❑ 3. Impacts on Surface Water Tice proposed action may affect one or more wetlands or other surface wafer ONO ❑ bodies(eg.,steams,rivers,ponds or lakes). (See Part 1.D.2,E.21) If"Yes",answer questions a-I If"No",move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may - -Eff occur occur a.The proposed action may create a new water body. D2b,Dih ❑ 13 b.The proposed action may result in an increase or decrease of over 10%or more than a D2b C3 13 10 acre increase or decrease in the surface area of an y body of water, c,The proposed action may involve dredging more than 100 cubic yards of material D2a from a wetland or water bod d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water bo!!X. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2s.D2h ❑ ❑ runoff orb y disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ 13 of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ E3 of wastewater to surface rt_ts). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwator discharge that may lead to siltation or other degradation of receiving water bodies. L The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the E2posed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h 13 ❑ around an water body. k.The proposed action may require the construction of new,or expansion of existing, DlaD2d ❑ 0 wastewater treatment facilities. Page 2 of 10 1.Other impacts: 0 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or [ONO DYES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D24 D.2.c,D.2.d,D.2.p,D.2.q,D.2,t) "Yes", answer quaytions a-h. If"No",move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand D20 ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c a ❑ withdrawal capacity rate of the local supply or aquifer, Cite Source: c.The proposed action may allow or result in residential uses in areas without water and DI a,D2c ❑ ❑ sewer services. d.The ❑ proposed action may include or require ❑wastewater discharged to groundwater. D2d,E21 13 e.The proposed action may result in the construction ofwater supply wells in locations D2c,Elf; ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 0 ❑ over ground water or an Suifer. g.The proposed action may involve the commercial application of pesticides within 100 132h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ONO []YES (See Part 1.E.2) If"Yes', answer questions a-g, K"Na",move on to Section 6. Relevant No,or Moderate Part I small to large Questlou(s) impact impact may mg occur occur a.The proposed action may result in development in a designated floodway. 112i ❑ ❑ b.The proposed action may result in development within a 100 year floodplain, 'E2J El ❑ o.The proposed action may result in development within a 500 year floodplain. Elk E3 ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ E3 patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,J32i ❑ ❑ E2j,F2k f If them is a dam located on the site of the proposed action,is the dam in need of repair, Ele ❑ ❑ or upgrade? Page 3 of 10 g.Other impacts: ❑ 13 ................. 6. Impacts on Air The proposed action may include a state regulated air emission source. ZNO DYES (See Part 1.D.21,D,2,h,D.2.g) "Yes",answer questions a-f If"No", move on to Section 7. "gnat No,or Moderate Part I swan to large Question(s) Impact Impact may --may occur occur a.If the proposed action requires federal or state air emission permits,the notion may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(C%) D2g 0 13 H, More than 3.5 tonslyear of nitrous oxide(N20) D2g C3 0 iii.More than 1000 tonslyear of carbon equivalent of perfluorocarbons(PFCs) D2g 0 0 iv.More than.045 tons/you of sulfur hexafluoride(SFr) D2g 13 13 v. More than 1000 tonslyear of carbon dioxide equivalent of D2g 0 13 hydrochlomflourocarbons(BFCs)emissions vi.43 tons/year or more of methane D211 E3 0 b.The proposed action may generate 10 tonstyear or more of any one designated D2g 13 13 hazardous air pollutant,or 25 tonslycar or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions D2f, rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat D2g C3 0 source capable of piroduoing more than 10 million BTU's per hour. d.The proposed action may reach 500/a of any of the thresholds in"a"through"c", D2g 0 11 above. e.The proposed action may result in the combustion or thermal treatment of more than I D2s 171 Cl ton of refuse per hour. f.Other impacts: 0 13 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2,m.-q.) ®NO nYES It"Yes", answer questions a J. If"No",move on to Section 8. Relevant No,or Moderate Part I small to large Questiou(s) impact impact may m!j occur occur a.The proposed action may cause reduction in population or loss of individuals of any Ego 13 13 threatened or endangered species,as listed by Now York State or the Federal government,that use the site,or are found on,over,or near the site. b.Ile proposed action may result in a reduction or degradation of any habitat used by 112o 13 0 any ram,threatened or endangered species,as listed by New York State or the federal government c.The proposed action may cause reduction in population,or loss of individuals,of any E2p Cl E3 species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site, d.The proposed action may result in a reduction or degradation of any habitat used by E2p 13 13 any species of special concern and conservation need,as listed by New York State or the Federal overnment Page 4 of 10 c.The proposed action may diminish the capacity of a registered National Natural 133c U Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2u 13 13 portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting(breeding,foraging,or Elm Ll 171 overwintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb 13 13 grassland or any other regionally or locally important habitat Habitat type&information source; i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q 0 13 herbicides or pesticides. j.Other impacts: 0 11 I 8. Impact on Agricultural Resources The proposed action may impact agriculfttml resources. (See Part 1.E.3.a.and b.) QINO DYES I t"Yes",answer qu estirrns a-h if"No",move on to Section 9. Relevant No,or Moderate Part I small to large Questlon(s) impact Impact may ma occur occur The proposed action may impact soil classified within soil group I through 4 of the E2c,E3b 13 1:1 NYS Land Classification Systern, b.`The proposed action may sever,cross or otherwise limit seems to agricultural land ElaElb 0 13 (includes cropland,hayfields,pasture,vineyard,orchard,etc). o.The proposed action may result in the excavation or compaction of the soil profile of Mb 0 (3 active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a 0 13 uses,either more than 2.5 acres if located in an Agricultural District or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land E a.Elb 13 13 mauNSment system. f.The proposed action may result,directly or indirectly,in increased development C2o,C3, 0 0 potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C20 13 0 Protection flan. h.Other impacts: 13 0 Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from,or are in ONO AYES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.La,E.Lb,E.31.) "Yes",answer questions a-g, If"No",go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact Impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local EA 0 C3 scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b [3 13 screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E31i I.Seasonally(eg.,screened by summer foliage,but visible during other seasons) 0 0 !I.Year round 0 0 d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is-, I. Routine travel by residents,including travel to and from work E3 0 it Recreational or tourism based activities Etc [3 E3 a,The proposed action may cause a diminishment of the public enjoyment and E3h E3 11 appreciation of the designated aesthetic resource. f. There we similar projects visible within the following distance of the proposed Dl a,Ela, project: DltDIg 0-1/2 mile %-3 mile 3-5 mile 5+ mile g,Other impacts: C3 0 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ONO YES resource. (Part 1.13.1e,f and g.) Y"Yes", answer questions a-e. If_"No",go to Section 11. Relevant No,or Moderate Part T small to large Question(s) Impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e E3 0 to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National EES'ter of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f E3 0 to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site i2rntgg. c.The proposed action may ocour wholly or partially within,or substantially contiguous E3g 0 E3 to,an archaeological site not included on the NY SBPO inventory. Source: Page 6 of 10 d.Other impacts: 0 11 e.If any of the above(a-d7 are answered"Yes",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part 113e,Mg, El 0 of the site or property. E3 ii. The proposed action may result in the alteration of the property's setting or We,113f, 13 0 integrity. 113g,Ela, Bib iii. The proposed action may result in the introduction of visual elements which E3 e.E3 f, 0 ❑ are out of character with the site or property,or may alter its setting. F.3g,133h, I C2,C3 -J IL Impact on Open Space and Recreation r--1 The proposed action may result in a loss of recreational opportunities or a yJN0 YES reduction of an open space resource as des' ed in any adopted municipal open space plan. (See Part 1.C-2.c,E.Le.,E.2.q.) "Yes",answer questions a-e. if"No",--o to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may mu occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem We,Elb service',provided by an undeveloped area,including but not limited to storrawater W14 storage,nutrient cycling,wildlife habitat Elm,Ego, B2n,E2v b.The proposed action may result in the loss of a current or future recreational resource. C2aElr-. ❑ 13 C2c,E2q o.The proposed action may eliminate open space or recreational resource in an area C2a,C2c 0 with few such resources. B1c,E2q d.The proposed action may result in loss of an area now used informally by the CU,Elc ri ❑ community as an open space resource. [a. Other impacts: 0 13 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical MNOYES environmental area(CEA). (See Part 1.E.3.d) 60 If"Yes'; ansiverguesdons a-c. K"No",go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may ,may occur occur a.The proposed action may result in a reduction in the quantity of the resource or EM characteristic which was the basis for designation of the CEA, b.The proposed action may result in a reduction in the quality of the resource or E3d characteristic which was the basis for deslgriation of the CEA, c.Other impacts: Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. ONO YES (See Part 1.D.2j) r f"Yes",answer eestions a-g, If"No",go to Section 14. Relevant No,or Moderate Part I small to large Question(a) impact impact may may occur Omar a.froected traffic increase may exceed c!Tacity of existing road network. D2j 11 13 b.The proposed action may result in the construction of paved parking area for 500 or D2j 11 13 more vehicles. c.The proposed action will degrade existing transit access. D2j 13 13 d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j El 11 e.The proposed action may alter the present pattern ofmovement of people or goods. D2j El E] f Other impacts: 13 ri 14. impact on Energy The proposed action may cause an increase in the use of any faun of energy, E]NO YES (See Part 1.D.21) "Yes", answer quesfions a-e. Y"No",go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may way occur occur a.The proposed action will require a newor Mugg to an existing,substation. D2k 0 ❑ ., _ !!de b.The proposed"on will require the creation or extension of an energy transmission DIt 0 ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWbrs per year of electricity. D2k 0 0 d.The proposed action may involve heating and/or cooling of more than 100,000 square Dig ❑ feet of building area when completed. e.Other Impacts: 13 ❑ 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. ONO DYES (See Part 1.D.2.m.,n.,and o.) "Yes",answer questions a-,f IL"No to Section 16. Relevant No,or Moderate Part I $rnan to large Questiou(s) impact impact may ,may occur occur a.The proposed action may produce sound above noise levels established by local D2tn M 13 regulation. b.The proposed action may result in blasting within 1,500 fed of any residence, D2m,Eld - bEsRital,school,licensed day care center,or nuns'mg home. o.The proposed action may result in routine odors for more than one hour per day. D2o Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n 13 13 e.The proposed action may result in fighting creating sky-glow brighter than existing D2n,Ela area conditions. f.Other impacts: 0 ❑ 16. Impact on Human Health The proposed action may have an impact on human'health from exposure L,4J NO []YES to new or existing sources of contaminants. (See Part I.D.2,q.,E.I.d.f g.and h.) "Yes", answer questiom a-m. K"No' go to Section 17. Relevant Noor Moderate Part I small to large Question(s) impact impact may ma X recur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day El 13 ❑ care center gro u home,MEEm: &home or retirement corarnisnity. b.The site of the proposed action is currently undergoing remediation. ElgElh ❑ n c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh 1:1 13 remediation on,or adjacent to,the site ofthe pTgosed action. d.The site of the action is subject to an institutional control limiting the use of the Big,Elh property(eg.,easement or deed r!�16cqojn. e.The proposed action may affect institutional control measures that were put in place E1g'Elh 0 13 to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t El [3 generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf 13 13 mane Sment il' . h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf 0 0 i.The proposed action may result in an increase in the Tate of disposal,or processing,of D2r,D2s 0 13 solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,8 1 g 171 ❑ a site used for the disposal ofsolid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill ElfElg site to!!kacant off site structures. 1.The proposed action may result in the release of contaminated leachate from the D2s,Elf, 13 0 project site. D2r m.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ®NO []YES (See Part 1.CA,C.2.and C.3.) If"Yes", ansiver quesfions a-h. If'Wo",go to Section 18, Relevant No,or Moderate Port I small to large Question(s) impact Impact may ing occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla 0 13 contrast to,current surrounding land use pattern(s). Ela,Bib b.The proposed action will cause the permanent population of the city,town or village C2 13 0 in which the project is located to grow by more than 5%. c.The proposed action Is inconsistent with local land use plans or zoning regulations. C2,C2,C3 d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 13 plans. c.The proposed action may cause a change in the density of development that is not C3,Dle, 11 ❑ supported by existing infrastructure or is distant from existing Infrastructure. D1d,DIf, DIcLE1b f.The proposed action is located in an area characterized by low density development C4,D2e,132d 13 ❑ that will require new or expanded public infrastructure, D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a commercial development not included in the proposed action) h.Other. 13 ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. ©NO []YES (See Part 1,C.2,C.3,D.2,E.3) "Yes", answer questions a-g. it"No",proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may ma occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas B3e,123f,Mg of historic importance to the conununi!X. b.The proposed action may create a demand for additional community services(e.g. C4 13 E3 schools,police and fire) e.The proposed action may displace affordable or low-income housing in an area where C2,C3,D]f 0 0 there is a shortage of such housing. Dig,Ela d.The proposed action may interfere with the use or tWoyment of officially recognized C2,E3 D 0 or denguated public resources. c.The proposed action is inconsistent with the predominant architectural scale and C2,C3 C3 13 character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 C3 E3 Ela,Elb F2%E2h g.Other impacts: 1 [3 13 Page 10 of 10 617.20 Appendix B State Environmental Quality Review VISUAL EAF ADDENDUM This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAR (To be completed by Lead Agency) Distance Between Visibility Project and Resource(in Miles) 1. Would the project be Visible from: o- % %-% %-3 o.5 0+ f A parcel of land which is dedicated to and available Rr El 11 7 0 to the public for the use,enjoyment and appreciation of natural or man-made scenic qualities? Yes-Donal Arrowwood Golf Club/Blind Brook Country Club I An overlook orparcel of land dedicated to public r-1 F1 El observation,enjoyment and appreciation of natural or man-made Scenic qualities? No I A site or structure listed on the National or Slate 0 0 ❑ El El Registers of Historic places? No I State parks? No I The State Forest Preserve? No 1:1 E] 1:1 1:1 ❑ I National Wildlife Refuges and State Game Refuges? No 1:1 1:1 n r ❑ I National Natural Landmarks and other outstanding F1 natural features? No I National park Service lands? No ❑ E] I Rivers designated as National or State Wild,Scenic or Recreational? No I Any transportation corridor of high exposure,such las art of the Interstate S 68p4/H ystern or Amtrak? utchinson River Parkway I Merift Parkway I A governmentally established or designated interstate or inter-county foot trail,or one formally proposed for establishment or designation? No I A site, area,lake,reservoir or highway designated as ❑ F1 scenic? Merift Parkway I Municipal park,or designated open space? ❑ [I Z F-1 El Western Greenwich Civic Center Park!Crawford Town Park I County road? No El El El r❑ El I State road? Route 120A I Route 151 Route 120 n R �* ❑ I Local road? Anderson Hill Road nV F, 11 2. Is the visibility of the project seasonal?(i.e.,screened by summer thfiege,but visible during other seasons) FiDyes []No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? R]Yes []No Due to the density and height of buildings and surrounding topography,visibility will be limited;Installation will be barely discernible, since antennas will be concealed within flagpole and screen walls for equipment, DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1,check those which generally describe the surrounding environment Within mile *1 mile Essentially undeveloped No ❑ Forested No Agricultural No ❑ Suburban Residential Yes Industrial No Commerical Yes Q ❑ 1 Urban No ❑ 0 River,Lake,Pond Yes ❑ Vi Cliffs,Overlooks No ❑ ❑ Designated Open Space No Flat Hilly No ❑ ❑ Mountainous No ❑ El Other No NOTE.add attachments as needed 5. Are there visually similar projects within: *%mile R]Yes [DNo I mile J]Yes [:J No 2 miles J]Yes E]No 3 miles 2]Yes E] No *Distance from project site is provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is 2,000,000.00 NOTE. When user data is unavailable or unknown,use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is. FREQUENCY Holidays! Activity Daily Weekly Weekends seasonally Travel to and from work G) 0 0 0 Involved in recreational activities 9 0 0 0 Routine travel by residents 0 0 0 0 At a residence 0 0 0 0 At worksite 0 0 0 0 Other O 0 0 0 Reset f7=14;�,E E BU MIENT BROOK VIz OK 938 NY 10573 DEC f 1 29% (914) 9-5801 EVILLAGE OF RYE BROOK BUILDING DEPARTMENT FOR OFFICE USE ONLY: Approval Date. Permit# kpplication# Approval Signature: ARCHITECTURAL REVIEW BOARD: Disapproved: Zate: BOT Approval Date, Case# :Chairman: PB Approval Date: Case Secretary: ZBA Approval Date: Case Other: Application Fee:E-7-C�Permit Fees: Exterior Building Permit Amplicaltion Application dated: is hereby made to the Building Inspector of the Village of RyeBrook,NY,for the issuanteafaPermit for the construction of buildings,stroctare%additions,alterations or for a change in use,as per detailed statement described below. 1. JobAddress: 961; A ndersnn Hill Rnael 2. Parcel IID#: 129,34,1.45 Zone: PUD 3. Proposed improvement{Describe In dela ):Installation of wireless telerarum unirations facility including a stealth flagpole and related equipment on the roof of the existinug building with a generator at grade in an existing equipment area 4. Property Owner. DCCA.LLC djIg Doral Arr=ffaod Addrew 975 Anderson Hill Road,Rye Brook,NY Phone# 914-939-5500 —cell# e-mail List All Other Properties Owned in Rye Brook: Applicant: Nma Y"k SMSA Limited Partnership d1hia Meri7nn WirrjaS Address: c/o any-dsr&Snydej UP,94 3Nbits Plains Road.Tarrytown, NY Phone#_9 14_-333_-0ZQQ —CCU# e-mail Isnyderapsnydedaw net Architect:_NA Address: Phone# CCU# 0-man Engineer. Tectonic Engineering&sunmdng Consultants.P.C. Address:_1279 Route.300.Nzwjuagh,NY 12550 Phone#845-562-6656 Cell# e-mail General Contractor: THI) Address: Phone# Cell# e-mail 6.12014 5. Occupancy,(I-Fam,2-Fant.,Comm.,ft...)Prior to tonstractlew-COMM,' After construction:rnrnm-1 ]Rtjhlic 1 itility 6. Will the proposed project require the Installation of a new,or an exUasloutmodification to an existing automatic fire suppression system?(Flre Sprinkler,ANSL System,FM-200 System,Type I Hood,ete..)Yes;_No,_X(ifyes,you must submit a separate Automatic Fire Suppression System Permit application&2 sets ofdotailed engineered plans) 7. Will the proposed project disturb 400 sq.ft.or more ofland,or create 400 sq.fL or more of impervious coverage requiriaga Storrowater Management Control Permit as per§217 ofViflage Code? Yes:_No._X Area: 8. Will the proposed project require a Site Plan Review by the Village Planning Board as per§209 of Village Code? Yes: X No:_(ifyes,you must submit a Site Plan Application,&provide detailed drawings) 9. Will the proposed project require a Steep Slopes Permit as per§213 of Vologe Code Yes: No:--M(if^you must submit a Site Plan Application,&provide a detailed topoMbical survey) 10. is the lot located within 100 ft ofs Wetland as per§245ofVfflage Code? Yes:No: X (ifyes,the area ofwedand andthe wetland buffer zone must be properly depicted on the survey&site plan) 11. Is the lot or any portion thereof located In a Flood Plane as per the FIRM Map dated 9n8107? Yes.-_No: X (ifyes,the area and elevations of the food plane must be properly depicted on the survW&site plan) 12. Will the proposed project require a Tree Removal Permit as per§235 of Village Code?Yes: No: X (ifyes,you must submit a Tree Removal Permit Application) 13. Does the proposed project Involve a Home-Occupation as per§250-39 ofV111age Code? Yes:___No: Llfym Indicate: TIER TIER H.- TIER M:—(ifyes,a Home Occupation Permit Application is required) 14. Area of proposed building In square feet: Basement: NIA 1"ib:_N/A_r"IL: NZA 3r4 W.NIA 15. What Is the total Gross Floor Area of the proposed new construction: N/A 16. What is the total Square Footage of the proposed renovation to the existing structure: NZA. 17. What Is the total estimated cost oftonstruction: $ 160JQ9,00 (Theca timatedcost shall include all site miprovements.labor,material,waffdding,fixed equipment,professional fics,mrJuding any material and labor which may be donated grads.) 18. Area of lot: Square ftet: Z4JQ5J+ J- Acres. 159 19. Dimensions from proposed building or structure to lot lines: front yard: -- 1 R4-/- rear yard: +1. , right side yard:_-48+/- ................ left side yard: 52±/- other. 20. If hitildins is located an a carnim rut,3shichAtmet does It front on: N/A 21. N.Y.State Construction Classification: IB N.Y.State Use Classification: B 22. Number of storks: NIA Overall AgL Median Height: bJJA 23. Will the basement be fall,or partial: N/A finished or unflulabod: Na 24. What material Is the exterior ftM: NLA 25. Will roof be peaked,hip,mansard,fiat,etc: b1l A Roofing material: NIA 26. What system ofheating: MIA 27. If private sewage disposal Is necessary,approval by the Westchester County Henn Department most be submitted with this application. 28. Estimated ditto of completion: 29. The State Workman's Compensation Law provides that before a Building Permit is issued,the Contractor,Owner, Architect,etc.,shall produce the following information: Name of Compensation Insurance Carrier:— Contractor TRID Policy Number. Date of Expiration: 6.11014 This application must be properly completed In its entirety by a N.Y. State Registered Architect or N.Y. State Licensed Professional Engineer&signed by these professionals where indicated. It must also Include the notarized signature(s) of the legal owner(s)of the subject property, and the applicant of record in the spaces provided.Any application not properly completed in its entirety and/or not properly signed shall be deemed null and void, and will be returned to the applicant. Please nova that application fees are non-refundable. fipA ° o Cf? F WESTCHEST.ER } a� eye,fswnwrreteubeing duly sworn,deposes and states that he/she is the applicant above named, (print name of individual signing as the applicant) and father states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the a1€ent for the legal owner and is duly authorized to make and file this application. (indicate—hitect,canaac tM agent,aftarnay.etc.) That all statements contained herein are true to the best of his/her knowledge and belief and that any work performed,or use conducted at the above captioned property will be in conformance with the details as set forth and contained in this application and in any accompanying approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention&Building Code,the Coale of the Village of Rye Brook and all other applicable laws,ordinances and regulations. Sworn to before me this Sworn to before nae this day of ,20 day of e r e ` ,20_)I_ New York SMSA Limiter/Partnership d/b/a Verizon Wireless i3w Signature offropertyOwner ig v- licit SEE ATTACHED LETTER OF AUTHORIZATION Rvan Mayberk Print Name of Property Owner Print Name of Applicant Notary Public N nblic Michael R.Bonhomme Notary Public,State of New York No.01 806144229 Qualified in Orange County Commission Expires 04124/20. 6.1.2014 To: Members of the Planning Board March 12, 2015 From: Doral Greens Homeowners Association, Inc. Concerns of Doral Greens with cell tower proposal at Doral Arrowwood I am the President of the Doral Greens Homeowners Association and would like to make the Planning Board and the Village Board aware of the concerns we have with the cell tower proposed to be built on the Arrowwood Hotel building. Our first concern is regarding these cell towers and health issues. We appreciate that no definitive proof has been published linking these towers to a threat of cancer. However such threats have been frequently alleged to exist thus we urge the Village to take a very, very close look at the possible threat and decide if it is one they would like to ignore. We would also point out that the recent studies regarding the use of cell phones seem to continually suggest that there could be health risks beyond cancer, such as behavioral problems in children, and a team at the Cleveland Clinic found that men who used cell phones for more than four hours per day had markedly poorer sperm quality than the men in the control group. It is fair to say, "the data are not all in yet." However the precautionary advising of the use of simple measures to lower exposure should be adopted and taken seriously. Given the consistent results from these studies, public health bodies from around the world are asking that the current wireless safety standards be reviewed. The World Health Organization (WHO) recently classified radio frequency electromagnetic fields as a Group 2B possible carcinogen. Doctors groups are also sounding the alarm. The American Academy of Environmental Medicine, the International Society of Doctors for the Environment (ISDE) and the Irish Doctors Environmental Association (IDEA) are all calling for improved standards. This proposed cell tower is less than one mile from another tower that is in existence on the grounds of the Village Hall site. We were led to believe that this tower would alleviate reception problems in our area and we believe it did just that. Yet we are now confronted with the possibility of a new tower even closer to our homes. We strongly feel that just the public perception of the possible cancer link or that radiofrequency emissions pose a legitimate health risk to children would be enough to impact the home values at Doral Greens and thus would be detrimental to our homeowners. The second concern is the height of the proposed tower. It was originally designed to rise 25 feet from the hotel roof and this has now been increased to 35 feet. (A total of 81 feet without including the elevation of the topography, which would add more to the total.) We believe that both the Westchester Airport Authorities and the Federal Aviation Administration must be aware of and approve such a height. We ask you satisfy yourselves that the extra 10 feet are absolutely necessary. Notwithstanding that Verizon can meet any restrictions imposed we have a practical problem and that is because the flight paths of landing aircraft at Westchester Airport are determined by many factors, less when it is an instrument landing, which most commercial pilots use, and more when a visual landing is used when a pilot may use his own discretion during his approach. The placement of the tower being proposed may cause many pilots to avoid it by approaching from a more easterly route that places them DIRECTLY over the Doral Greens Homes. We have proposed that the airport tower direct these approaches so that they fly over the large hotel parking lot, which is located between the Hotel and Doral Greens and thus would affect less residents of either complex. We also would like a study or opinion of the authorities to the effect that the radio wave transmittals from the tower would in NO WAY interfere or jeopardize the communications to or instruments of the landing aircraft. We thank you for taking our concerns into consideration and for the diligence you will use in acting on the proposal presently before you. We do not begrudge the hotel trying to bolster its income and would hope they could find a much better way. Ul STATE OF NEW YORK COUNTY OF WESTCHESTER -------------------------------------------------------X BUILDINGBefore the Board of Trustees of the Village of Rye Brook Premises In the matter of the Application of Section 129.34, Block 1,Lot 45 NEW YORK SMSA LIMITED PARTNERSHIP 965 Anderson Hill Road d/b/a VERIZON WIRELESS Rye Brook,New York -------------------------------------------------------X STATEMENT IN SUPPORT OF APPLICATION FOR SPECIAL PERMIT AND SITE PLAN APPROVAL FOR PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY I. Introduction New York SMSA Limited Partnership d/b/a/ Verizon Wireless ("Verizon Wireless")respectfully submits this statement in support of its application for special permit and site plan approval to install an attached public utility wireless telecommunications facility ("Facility") at the property located 965 Anderson Hill Road,Rye Brook,New York("Property").The Facility is proposed on the roof of the existing hotel/conference center building known as the Doral Arrowwood (`Building"). The Facility has been strategically designed to shield it from view by having the antennas concealed within a flagpole affixed to the roof, together with related equipment behind a screen wall designed to match the Building like other rooftop mechanical equipment.' As detailed below, the Facility will provide enhanced wireless telecommunications services to the surrounding area without any adverse visual impact. 'The Facility will also include a backup power generator("Generator")located in the rear of the Building and adjacent to an existing backup power generator. 1 H. Statement of Facts The Property is known as Section 129.34, Block 1, Lot 45 on the Village of Rye Brook ("Village") Tax Assessment Map and is developed with an existing hotel and conference center and related facilities in the PUD(Planned Unit Development) zoning district. Pursuant to Section 250-39 of the Village Zoning Ordinance("Wireless Law"),the Facility is permitted by special permit and site plan approval from the Village Board of Trustees. The proposed Facility will be used to enhance wireless telecommunications services in the Village and surrounding area.As indicated above, the Facility has been strategically designed to shield it from view by having the antennas concealed within a flagpole affixed to the roof, together with related equipment behind a screen wall designed to match the Building.A detailed site plan ("Site Plan") prepared by Tectonic Engineering & Surveying Consultants, P.C. ("Tectonic")is submitted herewith. III. Public Utility Status Verizon Wireless is licensed by the Federal Communications Commission("FCC"),and is a wireless telecommunications public utility in the State of New York,providing an essential public service. See Cellular One v.Rosenberg, 82 NY2d 364 (1993) (hereinafter referred to as "Rosenberg"); In Rosenberg New York's highest court,held that federally licensed wireless carriers are public utilities in the State of New York, and provide an essential public service. The court found that public utilities, such as Verizon Wireless, are entitled to a relaxed standard in zoning decisions, since the proposed use is necessary for it to render safe and adequate service. The instant application is filed in fixrtherance of the goals and objectives established by Congress under the federal Telecommunications Act of 1996. The federal Telecommunications Act of 1996 is "an unusually important legislative enactment," establishing national public policy in favor of encouraging 2 1 1 "rapid deployment of new telecommunications technologies (emphasis supplied)." Reno v. ACLU, 521 U.S. 844, 857, 117 S.Ct. 2329, 2337-38, 138 L.Ed.2d 874 (1997). The federal Telecommunications Act of 1996 builds upon the regulatory framework for commercial mobile [radio] services which Congress established in 1993. Indeed, since 1993, it has been the policy of the United States to "foster the growth and development of mobile services that, by their nature, operate without regard to state lines as an integral part of the national telecommunications infrastructure."H.R.Rep.No. 103-111, 103d Cong., l st Sess.260(1993)(emphasis added). As such, Verizon Wireless is licensed to provide wireless communications service to subscribers throughout New York, including the Village of Rye Brook. In fact, in 1999, Congress expanded further upon this policy by enacting the Wireless Communications and Public Safety Act of 1999,Pub.L. 106- 81, 113 Stat. 1286(the"911 Act"). The"911 Act,"empowered the FCC to develop regulations to make wireless 911 services available to all Americans. The express purpose of the Act,as articulated by Congress,was"to encourage and facilitate the prompt deployment throughout the United States of seamless, ubiquitous, and reliable end-to-end in for communications, including wireless communications, to meet the Nation's public safety and other communications needs" (emphasis added). Please note that,on November 18,2009,the FCC issued a Declaratory Ruling regarding timely review of applications for siting of wireless facilities,WT Docket NO. 08-165 (the"Shot Clock Order").' The Shot Clock Order finds that a "reasonable period of time"for a local government to act on this type of application, is presumptively 90 days.2 According to the Shot Clock Order,if the Village fails to act within such reasonable period of time,the applicant may commence an action in court for"failure to act"under Section 332(c)(7)(B)(v)of the Federal Communications Act. 1 A copy of the Rule is available at httpJ/hraunfoss.fcc.gov/edocs—public/attachmatch/FCC-09- 99Al.pdf. z Rule,171 3 IV. The Proposed Facility Meets the Standards for a Special Permit The instant application requests special permit approval in accordance with Section 250-39 of the Zoning Ordinance. A special permit use is permitted as of right when the applicant has demonstrated compliance with the applicable standards. See,e.e., Matter of North Shore Steak House v. Board of Appeals of Inc. Vil. of Thomaston,30 N.Y.2d 238,331 NYS2d 645(1972). It is respectfully submitted that the Facility conforms to the special permit requirements of the Zoning Ordinance. The following information is submitted in accordance with Section 250-39(E) of the Zoning Ordinance: 1. Necessity of Service(5250-39(E)(1)): Attached hereto as Exhibit 1 is the affidavit of Verizon Wireless'radio frequency engineer("RF Affidavit")which certifies the necessity of the Facility to provide for enhanced wireless service to the area and remedy existing capacity issues in the vicinity of the Property,which cannot be adequately served with existing facilities within or outside the Village. 2. Operation and Security (&250-39(E)(2)): The Facility has been designed so that there will be no noise or traffic impacts to surrounding areas. As indicated in the letter prepared by Tectonic and attached hereto as Exhibit 2,Verizon Wireless' generator is located within a sound attenuated enclosure and will comply with all noise regulations. In addition, the Facility will not result in any traffic impact since it is unmanned, requiring infrequent maintenance visits of approximately once per month, and existing parking will be utilized in connection with such visits. Moreover, the Facility will be secure as it will be located on the roof of the Building,which is not accessible to the public. 3. Nonionizing Electrical Radiation 0250-3900A Attached hereto as Exhibit 3 is a Health and Safety Report prepared by Pinnacle Telecomm Group ("Health & Safety Report)" which certifies that the Facility will be in compliance with all applicable standards established by the FCC. 4. Collocation and Use of Existing Structures (&250 39(E)(4)): The Facility is consistent with priority set forth in the Wireless Law since the Facility is 4 an attached telecommunications facility on the Building, utilizing a non-residential structure. As set forth in the RF Affidavit attached hereto as Exhibit 1,there are no existing wireless telecommunications facilities or existing attached telecommunications facility upon which the Facility could be co-located in order to remedy Verizon Wireless' need for enhanced wireless services in the area of the Property. 5. New Support Structure (&250-39(E)(5)): As detailed above, the Facility utilizes the Building and does not require a free-standing new support structure. 6. Height Standards ( 250-39(E)(6)): The Facility meets the height standards as the proposed antenna array and attachment device will not exceed the 120 foot height limitation set forth in the Wireless Law. See Site Plan.In addition,as indicated on sheet C-1 of the Site Plan, the Facility is in compliance with Section 250-7.D of the Zoning Code for Airport Zones in that the height of the Facility is below 155 feet as required in the Z-1 Instrument Zone where the Property is located. 7. Setback Standards 0250-39(E)(7)): Due to its location on the roofof the Building, the Facility will not impact the previously approved setbacks for the Building. See Site Plan. 8. Visual Mitigation(&250-39(E)(8)): The proposed Facility has been strategically sited and designed to have no adverse visual impact on surrounding areas,parks and roadways. Specifically, as noted above,the antennas are concealed within a flagpole affixed to the roof of the Building,together with related equipment behind a screen wall designed to match the Building to shield it from view. Moreover, the Facility will be adequately screened by existing mature vegetation, topography and other structures in the surrounding area. See Visual Analysis prepared by Tectonic attached hereto as Exhibit 4. 9. Landscaping 0250-3 9(E)(9)):No additional landscaping or fencing is proposed since Verizon Wireless'antennas and related equipment will be concealed from view and the Property has existing mature vegetation. 5 10. Accessway (§250-39(E)(10)): The Facility is unmanned, requiring infrequent maintenance visits of approximately once per month. Site access to the Facility will be from the existing parking area.There are no upgrades necessary to the existing accessway. 11. Lighting (§250-39(E 0 M: No lighting is proposed in connection with the Facility, except for remote sensor low glare lighting. 12. Signage (6250-39(E)(12)): No retail or commercial signage is proposed in connection with the Facility. 13. The following information is respectfully submitted in accordance with Section 250-39(F) of the Zoning Ordinance: 1. The name and address of the owner of the Facility is: New York SMSA Limited Partnership d/b/a Verizon Wireless 4 Centerock Road West Nyack,New York, 10994 Attn: Ryan Maybeck The name and address of the owner of the Site is: DCCA,LLC d/b/a Doral Arrowwood 975 Anderson Hill Road Rye Brook,NY 1(a). The name and address of the person who shall be designated as managing agent in control of and responsible for the maintenance of the Facility is: Ryan Maybeck New York SMSA Limited Partnership d/b/a Verizon Wireless 4 Centerock Road West Nyack, NY 10994 1(b). The name and address of a person who shall be designated as the person upon whom process may be served as agent of the Applicant is: Ryan Maybeck New York SMSA Limited Partnership d/b/a Verizon Wireless 4 Centerock Road West Nyack,NY 10994 6 With a copy to: Leslie J. Snyder, Esq. Snyder& Snyder, LLP 94 White Plains Road Tarrytown,New York 10591 14. Environmental Assessment Form and Visual Anal sis250- 39_ (F)(2)): A full environmental assessment form with Visual EAF Addendum is submitted herewith. In addition, attached hereto as Exhibit 4 is a Visual Analysis which demonstrates that due to its design,location and the topography of the area,the Facility will not have an adverse visual impact on the surrounding area. 15. Health&Safety Report(4250-39(F)(3)): Attached hereto as Exhibit 3 is the Health&Safety Report, which,together with the enclosed Site Plan and RF Affidavit, contain the following information: (i)the number,type and design of the proposed antenna array; (ii) the make, model and manufacturer of the proposed antenna array; (iii) a description of the proposed antenna array and all related fixtures, structures, appurtenances and apparatus, including the height above grade, materials and lighting; (iv) the frequency, modulation and class of service of the proposed antennas;(v)the transmissions of maximum effective radiated power;(vi) the direction of maximum lobes and associated radiation; and(vii)certification that the NIER levels based on the maximum equipment output at the proposed Facility comply with emissions standards adopted by the FCC. 16. Structural Capacity 0250-39(F)(4)): Attached hereto as Exhibit 5 is a structural report,prepared by Tectonic,confirming the Facility has been designed in accordance with applicable standards so as not to diminish the structural integrity of the Building. 17. Future Collocation 0250-39(F)(5)): Attached hereto as Exhibit 6,is a letter indicating Verizon Wireless' commitment to allow collocation where technically, structurally and otherwise feasible. 18. Collocation 0250-39(F)(6)): The RF Affidavit, attached hereto as Exhibit 1, confirms that collocation on an existing wireless facility is not feasible, and thus the Facility is needed. 7 a � 19. Interference with Existing Communication Devices(4250-39(F)(7)): The RF Affidavit, attached hereto as Exhibit 1, certifies that the proposed Facility will not cause interference with existing communication devices. 20. On-Site Service Needs (&250-39(F)(81): The Facility is unmanned requiring infrequent maintenance visits of approximately once per month. Verizon Wireless typically utilizes standard automobiles for such visits. 21. Landscaping(&250-39(F)(9)1: No additional landscaping or fencing is proposed since Verizon Wireless'antennas and related equipment will be concealed from view and the Property has existing mature vegetation. 22. Existing Wireless Telecommunication Facilities (&250 39(F)(101): Attached hereto as Exhibit 7 is a composite coverage map depicting all existing Verizon Wireless sites in and around the Village. 23. Alternative Sites 0250-39(17)(10)): The RF Affidavit attached hereto as Exhibit 1 confirms that collocation on an existing wireless telecommunication facility is not feasible but the Facility is an attached telecommunications facility utilizing the Building, an existing non-residential structure consistent with the Wireless Law. 24. Form of Bond(&250-39(F)(12)): A form of removal bond is attached hereto as Exhibit 8. 25. Fees (&250-39(F)(13�: The required fees are enclosed herewith. 26. Form of Access Agreement (&250-39(F)(15)): Pursuant to Section §250-39(F)(14) of the Zoning Ordinance, it is requested that this Honorable Board waive this requirements at this time. Verizon Wireless will work with the Village Attorney to draft an Access Agreement that is reasonably acceptable to all parties prior to the issuance of a building permit as required by§250-39(F)(15). 8 The following information is respectfully submitted in accordance with Section 250-6(H) of the Zoning Ordinance: Character of the Nei borhood(4250-6(H)(1)(c)):The location,size and character of the proposal are such that the Facility will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts for the following reasons. First,the proposed use is specifically authorized on the Property by special permit in accordance with the Zoning Ordinance. Second,Verizon Wireless'Facility will be shielded from view with antennas concealed in the flagpole on the roof and related equipment behind a screen wall on the roof,designed to match the Building. . See Visual Analysis. Third, the Facility will be unmanned requiring infrequent maintenance visits of approximately once per month. Therefore, there will be no detrimental effect to the neighborhood due to traffic.Fourth,the Facility will comply with all applicable laws and standards and will not adversely affect the public health, safety or the general welfare.In addition,the Facility will not cause any interference with the frequencies of any radio, television, telephone or other uses, and is not obtrusive, or otherwise disruptive to its neighbors. In fact, the Facility will also serve the neighborhood and benefit the entire community, by offering enhanced Verizon Wireless' telecommunication services in the area, which is particularly well suited for responding to accidents, natural disasters, and for reporting medical emergencies and other dangers such as potential criminal activity. See,e.g..Crown Communication New York Inc v City of New Rochelle,et. al 2005 WL 309974(N.Y.Feb. 10,2005),in which the Court of Appeals held that "the private antennae will improve the availability of 911 emergency cellular calls made by the public, thereby promoting the public safety interest..." The Court also noted in that case, that numerous state agencies utilize wireless phone services supported by wireless carriers such as Verizon Wireless. Furthermore,operations in connection with the proposal are not more objectionable to nearby properties by reason of noise, vibration, excessive light, smoke,gas,fumes,odor or other atmospheric pollutants than would be the operations 9 of any permitted uses not requiring a special permit. The Facility does not generate solid waste, waste water or sewage, does not produce any smoke, gas, heat, odor, dust, fumes,vibrations, flashing lights,nor noise above ambient levels. In addition, the Facility does not attract insects,vermin or vectors. The Facility is un-staffed and does not require water supply or waste disposal. No commercial or retail signage is required. Based on the foregoing, it is respectfully submitted that Verizon Wireless has complied with the requirements for the grant of special permit approval. V. The Proposed Facility Meets the Standards for Site Plan Approval In reviewing the site plan requirements of the proposal,the following factors are offered for consideration pursuant to Chapter 209 of the Village Code and Section 7-725-a of New York State Village Law: A. Location, Size and Nature of the Facility( 209 4(A)): The location, arrangement, and size of the proposal, the nature and intensity of the operations involved in connection or conducted in connection with the Facility are such that the Facility is compatible with the surrounding neighborhood for the following reasons. First,the proposed use is specifically authorized by special permit on the Property in accordance with the Zoning Ordinance. Second,Verizon Wireless' Facility will be shielded from view with antennas concealed in the flagpole on the roof and related equipment behind a screen wall on the roof, designed to match the Building. Therefore, the Facility is not visually obtrusive. See Visual Analysis. Third, the Facility will be unmanned requiring infrequent maintenance visits of approximately once per month. Therefore,there will be no detrimental effect to the neighborhood due to traffic.Fourth,the Facility will comply with all applicable laws and standards and will not adversely affect the public health, safety or the general welfare. In addition, the Facility will not cause any interference with the frequencies of any radio,television,telephone or other uses,and is not obtrusive,or otherwise disruptive to its neighbors. 10 B. Vehicular Traffic -&209-4(B)): The Facility will have no impact on vehicular traffic,access or circulation,since the proposed use is unmanned requiring infrequent maintenance visits of approximately once per month. Existing parking facilities will be used for such maintenance visits. In addition, the Facility is fully accessible to fire and police protection.Therefore,there will be no traffic hazards or inconveniences created by the Facility. C. Off-Street Parking and Loading 0209-4(C)• Existing parking facilities will be used for the infrequent maintenance visits of approximately once per month. D. Pedestrian Traffic 0209-4(D)): Since the Facility is unmanned, requiring infrequent maintenance visits of approximately once per month,there will be no impact on pedestrian traffic. E. Stormwater and Drainage Facilities 0209-440):The Facility is being located on the roof of the Building and does not require stormwater or drainage facilities. F. Water Supply and Sewage Disposal (5209-4(F)): The Facility is unmanned and does not require water supply or sewage disposal. G. Landscaping 0209-4(G)): No additional landscaping is proposed since Verizon Wireless' antennas and related equipment will be concealed from view and the Property has existing mature vegetation. H. Fire Lanes. Emergency Zones and Fire Hydrants (§2094(H)): Fire lanes, emergency zones and fire hydrants will not be removed or altered so the existing ones serving the Building will also serve the Facility. I. Flooding and Erosion 02094((): The Facility will have no adverse impact on flooding and will not be affected by areas with susceptibility to ponding, flooding and/or erosion. Where, as in the instant case, a municipal board is considering an application by a public utility, there is a relaxed standard for zoning approvals, including special permit and site plan applications. Indeed,in Rosenberg,supra,the Court found that "where the intrusion or burden on the community is minimal,the 11 showing required by the utility shall be correspondingly reduced." Id. at 372. The Court also made clear that a board may not exclude a utility from a community where the utility has shown a need for its facilities. Id. Based on the foregoing, it is respectfully submitted that Verizon Wireless has complied with the requirements for the grant of special permit and site plan approval. Conclusion For all the foregoing reasons,it is respectfully submitted that Verizon Wireless has met the requirements for special permit and site plan approval for the Facility at the Property. Indeed, by granting the requested special permit and site plan approval, the Village Board will permit Verizon Wireless to provide local businesses, residents and public service entities with enhanced wireless telecommunications services and the Facility have no adverse effect. WHEREFORE, for all of the foregoing reasons, Verizon Wireless respectfully prays that this Honorable Board issue a negative declaration under the State Environmental Quality Review Act and grant the requested approvals. Dated: November 24,2014 Respectfully submitted, Leslie J. Snyder SNYDER& SNYDER, LLP 94 White Plains Road Tarrytown,NY 10591 (914) 333-0700 z:lssdata`.wpdatalss4'•wp\newbanm\nu7ce bonhomme\purchase 2\zoning\memo.1js5oal.doc 12 EXHIBIT 1 RF Affidavit BOARD OF TRUSTEES VILLAGE OF RYE BROOK -------------------------------------------------------------------X In the matter of the Application of NEW YORK SMSA LIMITED PARTNERSHIP RF AFFIDAVIT d/b/a VERIZON WIRELESS Premises: 965 Anderson Hill Road Rye Brook, New York -------------------------------------------------------------------X State of New York ) ) ss.. County of Westchester ) Ali Aljibori does depose and say: 1. I am a radio frequency engineer employed by New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless"). As a radio frequency engineer, I am trained to identify issues in wireless telecommunications coverage and to evaluate the ability of proposed wireless telecommunication facility sites to remedy any issues. In addition, I am familiar with Verizon Wireless' existing and proposed facility sites in and around the Village of Rye Brook ("Village"). 2. I respectfully submit this affidavit in support of Verizon Wireless' application to install an attached wireless telecommunications facility on the roof of the existing hotel/conference center building known as Doral Arrowwood (`Building"). The Facility consists of antennas concealed within a flagpole affixed to the roof, together with related equipment located behind a screen wall designed to match the Building. Need for the Facility 3. Verizon Wireless is licensed by the Federal Communications Commission ("FCC")to provide wireless communications throughout New York State, including the Village. 4. Unlike radio and television broadcast towers, which utilize high power output transmitters to cover large geographical areas, Verizon Wireless' network relies on geographically close, low power transmitters and antennas. This network is comprised of cell sites which operate within a group of assigned radio frequencies. Reliable wireless communications depends on the architecture of the wireless network. 5. Verizon Wireless currently has critical capacity issues in the area of the Facility in the Village. As mobile phone use continues to increase, especially the demand for data transmitted via such devices, the existing facilities in the area responsible for transmitting and receiving such data have become overburdened resulting in dropped calls, denied access to the s network, a reduction in data transmission speed, or an inability to transmit data. 6. The Facility would allow the "off-load" of excess capacity from Verizon Wireless' existing facilities in the area of the Village near where the Building is located. The proposed Facility will allow for fewer dropped calls, better ability to access Verizon Wireless' network, and faster data transmission speeds from not only the Facility but also the surrounding communication facilities. 7. The Facility is ideally located because it is proposed on an existing Building, thus obviating the need for Verizon Wireless to construct a new telecommunications structure in this area of the Village. Moreover, Verizon Wireless' antennas and related equipment will be located on the roof of the Building such that they will have no adverse visual impact on the surrounding area. Antenna Array 8. Verizon Wireless intends to install a total of six (6) antennas (Model CSS X7CAP-465) concealed within the flagpole on the roof of the Building. The antennas will be located at the 72'6" and 79'6" above ground level. Specifications for the proposed antennas are attached hereto. 9. To reduce any visual impact, the antennas will be shielded from view, concealed inside the flagpole to attach to the Building's rooftop. On-Site Service Needs 10. Following construction, a Verizon Wireless technician will visit the Site on a monthly basis for maintenance purposes. The existing access drive and parking are adequate for these site visits. Co-Location Opportunities 11. Verizon Wireless explored opportunities to co-locate the proposed antennas on existing telecommunications facilities in the area but none existed to remedy Verizon Wireless' needs. However, the Building allows for the Facility to be an attached telecommunications facility rather than a new structure, Certification of Non-Interference 13. Verizon Wireless certifies that the Facility will not cause interference to any emergency communication systems, or any lawfully operating telephone, radio or television antennas and/or related equipment in the vicinity of the Property. 14. The FCC has licensed Verizon Wireless to receive and to transmit within a dedicated frequency spectrum so that no emergency communications systems, telephones, radios, or television antennas and/or related equipment are currently permitted to operate in the Village within those frequencies. Therefore, no interference is anticipated. Conclusion Based on the foregoing,the requested approval should be granted forthwith. Respectfully submitted, Ik Ali Alji ori Signed before me this day of_ JJ Iv— -.92014 Michael R.Sonhomme Notary public,State of Now York No-01808144229 Qualified in Orange County Commisslon EXPlreS 04/24/2: Notary Public av\eedata\vpdata\ae4\vp\aevbaa mike bcnbomse\purchnee 2\zonin9\rf affLdavit.Me.rev.3.doc i X7CAP-465 Dual Band Xpol, 65° H-Beams 698-896 MHz 1710-2170 MHz Electrical Specifications Mechanical Specifications Link to Mechanical Drawing Frequency 698-896&1710-2170 MHz Input Connector(female) Back 7/16 DIN or w/bot.opt. Polarization Slant+/-45 Antenna Dimensions(LxWxD 50.5 x 12.5 x 7.1 in(1282x318x180mm Gain @ 698 MHz 13.8 dBi 'Antenna Weight 24.2 lbs Gain @ 896 MHz 14.4 dBi Bracket Weight 13.2 lbs Gain @ 1710 MHz 16.9 dBi RF Distribution Printed Microstrip Substrate Gain @ 2155 MHz 17.9 dBi Radome Ultra High-Strength Luran Horizontal Beam(3dB Points) 650&650 Weatherability UV Stabilized,ASTM D1925 Vertical Beam(3dB Points) 14.50&70 Radome Water Absorption ASTM D570,0.45% Elect.Downtilt Range,20 Increments 0-100 low,0-60 high band Environmental MIL-STD-810E VSWR/Return Loss <1.40:1/15.6 dB Wind Survival 150 mph VSWR/Return Loss w1ip <1.50:1/14.0 dB Front Wind Load @100mph 124.4 Ibf Front-to-Back at Horizon >27 dB&>27 d6 Equivalent Flat Plate @100mph 2.53 sq-ft.(cc:2) Upper Side Lobe Suppression <-18 dB&<-18 dB Mounting Brackets Fits 3.5 Inch Max.O.D.Pipe Impedance 50 Ohms Mechanical Downtilt Range 0-12' Power Input Per Connector("ip") 500 CW at 800 MHz Clamps/Bolts Galvanized Steel/Stainless Steel Power Input Per Connector(no"ip") 500 CW at 800 MHz and 250 CW at 1900 MHz Isolation <-28 dB Intermodulation(2x20W) <-150 dBc s � > r � •fi. �,.Ka. � T..r u Available with Antenna Integrated Diplexers to o Recommended Connector Coupling Torque reduce mainline cables 7/16 DIN:220-265 Ibf-in and eliminate separate external devices Main Feed Lines 11 Ordering Information& Options X7CAP-465-xy "xy"is a placeholder for the built-in fixed electrical downtilt in degrees,"x"for low band,y for high band. X7CAP-465-xyip to add the option for integrated diplexers,add"Ip"to model number X7CAP465-xyip-bot for bottom mounted connectors,add"-bot"(otherwise antenna comes standard with back mounted connectors) "Antenna Weight may vary slightly with options. Published 120572 Subject to etteretion. www.cssantenne.com Made in USA EXHIBIT 2 Noise Letter r TECTONicill CORPORATE OFFICE: Mountainville,NY (800)829-6531 Practical Solutions,Exceptional Service 1279 Route 300 (845)567-6656 FAX:(845)567-8703 Newburgh,NY 12550 www.tectonicengineering.com Village of Ryebrook 938 King Street Rye Brook, NY 10573 November 5, 2014 RE: W.O. 6666.PURCHASE2 VERIZON WIRELESS SITE: Purchase 2 645 Anderson Hill Road, Rye Brook, NY 10573 NOISE REPORT FOR PROPOSED BACKUP GENERATOR To Whom It May Concern: The following is a summary of our findings regarding the question of sound generated by the proposed backup generator by New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") at the above referenced location. All information provided is based upon good engineering judgment and the generator manufacturers' specifications. Verizon Wireless is proposing to place a 50kw natural gas backup generator at grade, approximately 48 feet from the closest property line. The generator will be enclosed by a sound attenuating enclosure upon an existing concrete pad. The generator is typically turned on once a week during the afternoon for approximately one (1) hour as a safety check only. Other than that, it will only turn on in the event of a power outage. MTU, the Generator manufacturer, has supplied Tectonic with sound generated data. The data gives the tone corrected decibel levels in accordance with AHRI Sound Standard 275. Using the ARI 275 Standard for estimating weighted sound pressure levels, Table 4- Distance Factor, the noise level at 48 feet from the Generator is approximately 32 dBa with the generator at full load. This is a worst case scenario. PLANNING • ENGINEERING • CONSTRUCTION AND PROGRAM MANAGEMENT An Equal Opportunity Employer Practical Solutions,Exceptional Service For a comparison with selected typical sounds, the following is offered: Noise Decibel Reading Quiet Whisper 30 dBa Verizon Generator w/Sound Attenuator(at 48 feet) 32 dBa Quiet Office 40 dBa 12,000 BTU Carrier Residential Window AC Unit 69.8/63.7 dBa (outdoor/indoor) Normal Conversation at 3-5 feet 60-70 dBa Radio/Vacuum cleaner 75 dBa 3-Ton Residential Split System Carrier Unit 76 dBa 5-Ton Residential Split System Carrier Unit 80 dBa Telephone Dial Tone/Computer Print Room 80 dBa Train Whistle at 500 feet 90 dBa Typical Truck Traffic 90 dBa Power Mower or Saw 110 dBa Jet Engine at 100 feet 140 dBa In our opinion, the above data indicates that the sound levels associated with the proposed facility will not generate noise levels that are incompatible with the surroundings or the Village of Rye Brook Noise Ordinance and Wireless Telecommunications Facility regulations. If you should have any further questions, please feel free to call. Sincerely, TECTONIC f�� A Anthony P. Botta Project Engineer EXHIBIT 3 Health & Safety Report PINNACE TELECOM GROUP Professional and Technical Services ry ANTENNA SiTEFCC RF COMPLIANCE AsSESSM ENT ANd REPORT PREPAREd FOR NEW YORk SMSA LIMITEd PARTNERShip d/b/A VERIZON WIRELESS 90 ANdERSON Hill ROAd RYE BRook, NY OCTOBER 31, 2013 14 RidgEdA[E AVENUE - SUITE 209 • CEdAR KNOI[S, NJ 07927 • 973-451.1630 CONTENTS INTROdUCTION ANd SUMMARY 3 ANTENNA ANd TRANSMISSION DATA 5 COMPLIANCE ANALYSIS 8 COMPLIANCE CONCLUSION 12 CERTIFICATION 13 APPENdix A. BAckgROUNd ON THE FCC MPE LIMIT 2 INTROdUCTION ANd SUMMARY At the request of New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless"), Pinnacle Telecom Group has performed an independent assessment of radiofrequency (RF) levels and related FCC compliance for proposed wireless base station antenna operations inside a stealth flagpole on a building rooftop at 965 Anderson Hill Road in Rye Brook, NY. The proposed Verizon Wireless operation involves directional panel antennas and transmission in the 700 MHz, 850 MHz, 1900 MHz, and 2100 MHz frequency bands. The FCC requires wireless system operators to perform an assessment of potential human exposure to radiofrequency (RF) fields emanating from all the transmitting antennas at a site whenever antenna operations are added or modified, and to ensure compliance with the Maximum Permissible Exposure (MPE) limit in the FCC regulations. In this case, there are no other existing or proposed antenna operations at the site to include in the compliance assessment. This report describes a mathematical analysis of compliance with the FCC MPE limit for safe continuous exposure of the general public. The RF effects of the antennas are calculated using a standard FCC formula — and the analysis is designed to conservatively overstate the RF levels that actually occur from the antennas. In that way, as long as the results indicate RF levels below the MPE limit, we can have great confidence the compliance requirement is satisfied. The results of a compliance assessment can be explained in layman's terms by describing the calculated RF levels as simple percentages of the FCC MPE limit. If the reference for that limit is 100 percent, then calculated RF levels higher than 100 percent indicate the MPE limit is exceeded, while calculated RF levels consistently lower than 100 percent serve as a clear and sufficient demonstration of compliance with the MPE limit. We will also describe the overall worst-case calculated result via the"plain-English" equivalent "times-below-the-limit factor". 3 The results of the FCC RF compliance assessment in this case are as follows: ❑ The conservatively calculated maximum RF level from the proposed antenna operations at the site is 1.0929 percent of the FCC MPE limit — well below the 100-percent reference for compliance. In other words, even with the significant degree of conservatism incorporated in the analysis, the worst-case calculated RF level is still more than 90 times below the FCC limit established as safe for continuous human exposure to the RF emissions from antennas. ❑ The results of the calculations provide a clear demonstration that the RF levels from the proposed antenna operations at the site satisfy the applicable criteria for controlling potential human exposure to RF fields, and the RF levels will be in clear compliance with the FCC regulations and limit concerning RF safety. Moreover, because of the conservative methodology and incorporated assumptions, RF levels actually caused by the antennas will be even less significant than the calculation results here indicate. The remainder of this report provides the following: ❑ relevant technical data on the proposed Verizon Wireless antenna operations at the site; ❑ a description of the applicable FCC mathematical model for assessing MPE compliance, and application of the relevant technical data to that model; and ❑ the results of the analysis, and the compliance conclusion for the site. In addition, Appendix A provides background on the FCC MPE limit, along with a list of FCC references on compliance. 4 ANTENNA ANd TRANSMISSION DATA The table below provides the key compliance-related data for the proposed Verizon Wireless antenna operations. General Data ' Frequency Bands 700 MHz 850 MHz, 1900 MHz, and 2100 MHz Service Coverage Type Sectorized Antenna Type Directional Panel Antenna Centerline Height 72 ft. 6 in., 79 ft. 6 in. 700 MHz Antenna Data Antenna Model CSS X7CAP-465 Max. Antenna Gain 13.8 dBi RF Channels er Sector 1 Transmitter Power/RF Channel 40 watts 850 MHz Antenna Data Antenna Model CSS X7CAP-465 Max.Antenna Gain14.4 dBi RF Channels per Sector 8 Transmitter Power/RF Channel 20 watts 1900 MHz Antenna Data Antenna Model CSS X7CAP-465 Max. Antenna Gain 16.9 dBi RF Channels per Sector 4 Transmitter Power/RF Channel 16 watts 2100 MHz Antenna Data Antenna Model CSS X7CAP-465 Max. Antenna Gain19.9 dBi RF Channels per Sector 2 Transmitter Power/RF Channel 40 watts The antenna vertical-plane radiation pattern is used in the calculations of RF levels at ground level around a site. Figures 1 through 3 that follow show the vertical-plane radiation pattern of the antenna model proposed by Verizon Wireless in each frequency band. 5 Note that in this type of diagram, the antenna is effectively pointed at the three o'clock position (the horizon) and the relative strength of the pattern at different angles is described using decibel units. The use of a decibel scale to describe the relative pattern at different angles incidentally tends to visually understate the actual focusing effects of the antenna. Where the antenna pattern reads 20 dB, for example, the relative RF energy emitted at the corresponding downward angle is 1/100' of the maximum that occurs in the main beam (at 0 degrees); at a 30 dB point, the level is 1/1,000'of the maximum. Note that the automatic pattern-scaling feature of our internal software may skew side-by-side visual comparisons of different antenna models, or even different parties' depictions of the same antenna model. Figure I. CSS X7CAP-465 Antenna—700 MHz Vertical-plane Pattern F__ 0 deghanzDn 5 dB 1 derision E Figure 2. CSS X7CAP-465 Antenna—850 MHz Vertical-plane Pattern 0 deg horizon 5 dB/division Figure 3. CSS X7CAP-465 Antenna—1900/2100 MHz Vertical-plane Pattern 0 deg horizon 17775 dB/division 7 COMPLIANCE ANALYSIS FCC Office of Engineering and Technology Bulletin 65 ("OET Bulletin 65") provides guidelines for mathematical models to calculate the RF levels at various points around transmitting antennas. At street-level around an antenna site (in what is called the "far field" of the antennas), the RF levels are directly proportional to the total antenna input power and the relative antenna gain in the downward direction of interest — and the levels are otherwise inversely proportional to the square of the straight-line distance to the antenna. Conservative calculations also assume the potential RF exposure is enhanced by reflection of the RF energy from the intervening ground. Our calculations will assume a 100% "perfect', mirror-like reflection, which is the absolute worst-case approach. The formula for street-level RF compliance calculations for any given wireless antenna operation is as follows: MPE% _ (100 *TxPower* 10 (Gmax-Vdisc110) *4) (MPE *4n * RZ) where MPE% = RF level, expressed as a percentage of the MPE limit applicable to continuous exposure of the general public 100 = factor to convert the raw result to a percentage TxPower = maximum net power into antenna sector, in milliwatts, a function of the number of channels per sector, the transmitter power per channel, and line loss 10 (Gmax-Vdigct,o) = numeric equivalent of the relative antenna gain in the downward direction of interest, referenced to any applied antenna mechanical downtilt; data on the antenna vertical-plane pattern is taken from manufacturer specifications 8 4 = factor to account for a 100-percent-efficient energy reflection from the ground, and the squared relationship between RF field strength and power density (22=4) MPE = FCC general population MPE limit R = straight-line distance from the RF source to the point of interest, centimeters The MPE% calculations are performed out to a distance of 500 feet from the facility to points 6.5 feet (approximately two meters, the FCC-recommended standing height) off the ground, as illustrated in Figure 4, below. antenna height from F2 antenna bottom to 6.5' above ground level 0 500 Ground Distance D from the site Figure 4. MPE% Calculation Geometry It is popularly understood that the farther away one is from an antenna, the lower the RF level — which is generally but not universally correct. The results of MPE% calculations fairly close to the site will reflect the variations in the vertical- plane antenna pattern as well as the variation in straight-line distance to the antennas. Therefore, RF levels may actually increase slightly with increasing distance within the range of zero to 500 feet from the site. As the distance 9 approaches 500 feet and beyond, though, the antenna pattern factor becomes less significant, the RF levels become primarily distance-controlled, and as a result the RF levels generally decrease with increasing distance, and are well understood to be in compliance. FCC compliance for a multiple-band antenna operation is assessed in the following manner. At each distance point along the ground, an MPE% calculation is made for the RF effect in each frequency band, and the sum of the individual MPE% contributions at each point is compared to 100 percent, which serves as the normalized reference for the FCC MPE limit. We refer to the sum of the individual MPE% contributions as "total MPE%", and any calculated MPE% total MPE% result exceeding 100 percent is, by definition, higher than the FCC limit and represents non-compliance and a need to mitigate the RF levels. If, on the other hand, all results are below 100 percent, that set of results serves as a demonstration of compliance with the MPE limit. Note that according to the FCC, when directional antennas and sectorized coverage arrangements are used, the compliance assessments are based on the RF effect of a single antenna sector(or, in cases of non-identical parameters, the worst-case effect of any individual sector). The following conservative methodology and assumptions are incorporated into the MPE% calculations on a general basis: 1. The antennas are assumed to be operating continuously at maximum power, and at maximum channel capacity. In addition, the effects of antenna line loss are ignored. 2. The power-attenuation effects of shadowing or other obstructions to the line-of-sight path from the antenna to the point of interest are ignored. 3. The calculations intentionally minimize the distance factor (R) by assuming a 6'6" human and performing the calculations from the bottom (rather than the centerline) of each parties' lowest mounted antenna, as applicable. 4. The potential RF exposure at ground level is assumed to be 100-percent 10 enhanced (increased) via a "perfect" field reflection from the intervening ground. The net result of these assumptions is to significantly overstate the calculated RF exposure levels relative to the levels that will actually occur-and the purpose of this conservatism is to allow very"safe-side" conclusions about compliance. The table below provides the results of the MPE% calculations for each frequency band, with the worst-case overall result highlighted in bold in the last column. Ground Verizon Verizon Verizon Verizon Distance Wireless Wireless Wireless Wireless Total (ft) 700 MHz 850 MHz 1900 MHz 2100 MHz MPE% MPE% MPE% MPE% MPE% r 0 0.0001 0.0176 0.0331 0.0521 0.1029 20 0.0369 0.0402 0.0100 0.0157 0.1028 40 0.1058 0.0428 0.0088 0.0139 0.1713 60 0.0059 0.0677 0.0684 0.1077 0.2497 80 0.0869 0.0507 0.1447 0.2276 0.5099 100 0.1954 0.3445 0.2149 0.3381 1.0929 120 0.1560 0.4667 0.0568 0.0893 0.7688 140 0.0519 0.3173 0.0280 0.0440 0.4412 160 0.0030 0.0962 0.0868 0.1365 0.3225 180 0.0114 0.0259 0.0488 0.0769 0.1630 200 0.0570 0.0552 0.0034 0.0053 0.1209 220 0.0832 0.1111 0.0018 0.0029 0.1990 240 0.1621 0.3279 0.0302 0.0476 0.5678 260 0.1926 0.4471 0.0452 0.0712 0.7561 280 0.2206 0.5617 0.0506 0.0797 0.9126 300 0.1934 0.4924 0.0444 0.0699 0.8001 320 0.2202 0.6006 0.0383 0.0603 0.9194 340 0.2410 0.7044 0.0284 0.0446 1.0184 360 0.2158 0.6306 0.0254 0.0400 0.9118 380 0.2282 0.7148 0.0204 0.0321 0.9955 400 0.2065 0.6468 0.0184 0.0290 0.9007 420 0.2206 0.7235 0.0248 0.0390 1.0079 440 0.2014 0.6605 0.0226 0.0356 0.9201 460 0.2120 0.7113 0.0454 0.0714 1.0401 480 1 0.1950 1 0.6543 0.0418 0.0657 0.9568 500 1 0.1799 1 0.6038 1 0.0385 0.0606 0.8828 As indicated, even with the significant degree of conservatism built into the calculations, the maximum calculated RF level is 1.0929 percent of the FCC MPE limit-well below the 100-percent reference for compliance. 11 A graph of the overall calculation results, provided below, probably provides a clearer visual illustration of the relative insignificance of the calculated RF levels. The line representing the calculated total MPE% results barely noticeably rises above the graph's zero baseline, and shows an obviously clear and consistent margin to the FCC MPE limit. COMPLIANCE ASSESSMENT RESULTS Normalized FCC MPE Limit Total MPE% Results 120 a 100 0 80 IL 60 C d 40 20 0 0 100 200 300 400 500 i iDistance (ft) COMPLIANCE CONCLUSION According to the FCC, the MPE limit has been constructed in such a manner that continuous human exposure to RF emissions up to and including 100 percent of the MPE limit is acceptable and safe. The analysis in this case shows that the maximum calculated RF level from the proposed antenna operation is 1.0929 percent of the FCC WE limit. In other words, the worst-case calculated RF level from the combination of antenna operations is more than 90 times below the limit established as safe for continuous human exposure to the RF emissions from antennas. 12 The results of the calculations provide a clear demonstration of compliance with the FCC MPE limit. Moreover, because of the conservative calculation methodology and operational assumptions we applied in the analysis, RF levels actually caused by the antennas will be even less significant than the calculation results here indicate. CERTifiCATION The undersigned certify as follows: 1. To the best of our knowledge, the statements and information disclosed in this report are true, complete and accurate. 2. The analysis of site RF compliance provided herein is consistent with the applicable FCC regulations, additional guidelines issued by the FCC, and industry practice. 3. The results of the analysis indicate that the subject antenna operations will be in clear compliance with the FCC regulations concerning RF exposure. 10/31/13 DanigEW Collins Date Chief Technical Officer 10/31/13 Terrence R. Lulay Date Professional Engineer F E R C� r 13 AppENdix A. BAckgROUNd ON THE FCC MPE LIMIT FCC Rules and Regulations As directed by the Telecommunications Act of 1996, the FCC has established limits for maximum continuous human exposure to RF fields. The FCC maximum permissible exposure (MPE) limits represent the consensus of federal agencies and independent experts responsible for RF safety matters. Those agencies include the National Council on Radiation Protection and Measurements (NCRP), the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), the American National Standards Institute (ANSI), the Environmental Protection Agency (EPA), and the Food and Drug Administration (FDA). In formulating its guidelines, the FCC also considered input from the public and technical community—notably the Institute of Electrical and Electronics Engineers (IEEE). The FCC's RF exposure guidelines are incorporated in Section 1.301 et seq of its Rules and Regulations (47 CFR 1.1301-1.1310). Those guidelines specify MPE limits for both occupational and general population exposure. The specified continuous exposure MPE limits are based on known variation of human body susceptibility in different frequency ranges, and a Specific Absorption Rate (SAR) of 4 watts per kilogram, which is universally considered to accurately represent human capacity to dissipate incident RF energy (in the form of heat). The occupational MPE guidelines incorporate a safety factor of 10 or greater with respect to RF levels known to represent a health hazard, and an additional safety factor of five is applied to the MPE limits for general population exposure. Thus, the general population MPE limit has a built-in safety factor of more than 50. The limits were constructed to appropriately protect humans of both sexes and all ages and sizes and under all conditions — and continuous exposure at levels equal to or below the applicable MPE limits is considered to result in no adverse health effects or even health risk. The reason for two tiers of MPE limits is based on an understanding and assumption that members of the general public are unlikely to have had appropriate RF safety training and may not be aware of the exposures they receive; occupational exposure in controlled environments, on the other hand, is assumed to involve individuals who have had such training, are aware of the exposures, and know how to maintain a safe personal work environment. The FCC's RF exposure limits are expressed in two equivalent forms, using alternative units of field strength (expressed in volts per meter, or V/m), and power density (expressed in milliwatts per square centimeter, or mW/cm2). The table on the next page lists the FCC limits for both occupational and general population exposures, using the mW/cm2 reference, for the different radio frequency ranges. 14 Frequency Range(F) Occupational Exposure General Public Exposure (MHz) (mW/cm2) (MW/CM2) 0.3- 1.34 100 100 1.34- 3.0 100 180/F2 3.0 - 30 900/F2 180/F2 30-300 1.0 02 300 - 1,500 F/300 F/ 1500 1,500- 100,000 5.0 1.0 The diagram below provides a graphical illustration of both the FCC's occupational and general population MPE limits. Power Density (mW/cm2) 100 Occupational ------ General Public 5.0 1.0 0.2 ' 14 I I I I I I I 0.3 1.34 3.0 30 300 1,500 100,000 Frequency(MHz) Because the FCC's MPE limits are frequency-shaped, the exact MPE limits applicable to the instant situation depend on the frequency range used by the systems of interest. 15 r The most appropriate method of determining RF compliance is to calculate the RF power density attributable to a particular system and compare that to the MPE limit applicable to the operating frequency in question. The result is usually expressed as a percentage of the MPE limit. For potential exposure from multiple systems, the respective percentages of the MPE limits are added, and the total percentage compared to 100 (percent of the limit). If the result is less than 100, the total exposure is in compliance; if it is more than 100, exposure mitigation measures are necessary to achieve compliance. Note that the FCC "categorically excludes" all "non-building-mounted" wireless antenna operations whose mounting heights are more than 10 meters (32.8 feet) from the routine requirement to demonstrate compliance with the MPE limit, because such operations "are deemed, individually and cumulatively, to have no significant effect on the human environment". The categorical exclusion also applies to all point-to-point antenna operations, regardless of the type of structure they're mounted on. Note that the FCC considers any facility qualifying for the categorical exclusion to be automatically in compliance. FCC References on Compliance 47 CFR, FCC Rules and Regulations, Part 1 (Practice and Procedure), Section 1.1310 (Radiofrequency radiation exposure limits). FCC Second Memorandum Opinion and Order and Notice of Proposed Rulemaking (FCC 97-303), In the Matter of Procedures for Reviewing Requests for Relief From State and Local Regulations Pursuant to Section 332(6)(7)(B)(v) of the Communications Act of 1934 (WT Docket 97-192), Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (ET Docket 93-62), and Petition for Rulemaking of the Cellular Telecommunications Industry Association Concerning Amendment of the Commission's Rules to Preempt State and Local Regulation of Commercial Mobile Radio Service Transmitting Facilities, released August 25, 1997. FCC First Memorandum Opinion and Order, ET Docket 93-62, In the Matter of Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, released December 24, 1996. FCC Report and Order, ET Docket 93-62, In the Matter of Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, released August 1, 1996. FCC Office of Engineering and Technology (OET) Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields", Edition 97-01, August 1997. 16 EXHIBIT 4 Visual Analysis VISUAL RESOURCE EVALUATION PROPOSED ATTACHED WIRELESS TELECOMMUNICATIONS INSTALLATION 965 ANDERSON HILL ROAD RYE BROOK WESTCHESTER COUNTY NEW YORK Submitted by: ON IlAamwreless 175 Calkins Road Rochester, NY 14623 Prepared by: TECTONIC ENGINEERING & SURVEYING CONSULTANTS, P.C. 70 Pleasant Hill Road Mountainville, New York 10953 845-534-5959 845-534-5999 FAX W.O. #6666.PURC2 6/25/2014 elm= CORPORATE OFFICE PractaralSdutbm,EKgglonalService Mountainville,NY (800)829-6531 PO Box 37,70 Pleasant Hill Road (845)534-5959 FAX:(845)534-5999 Mountainville,NY 10953 www.tectonicengineering.com Verizon Wireless 175 Calkins Road, Rochester, NY 14623 November 7, 2013 Revised June 25, 2013 RE: W.O.: #6666.PURC2 VISUAL IMPACT ASSESSMENT, 965 ANDERSON HILL ROAD, RYE BROOK WESTCHESTER COUNTY, NEW YORK Tectonic Engineering & Surveying Consultants, P.C., was retained by Verizon Wireless to conduct a "Visual Resource Evaluation" to determine the potential visibility of a proposed attached rooftop installation on an existing building located at 965 Anderson Hill Road in the Village of Rye Brook, Westchester County, NY. 1.0 SETTING The proposed installation is located at 965 Anderson Hill Road in the Village of Rye Brook. The surrounding land use along Anderson Hill Road is primarily residential, recreational, and commercial use. 2.0 METHODOLOGY On November 3, 2013, Tectonic Engineering & Surveying Consultants, P.C., conducted a field investigation for the purpose of evaluating the views associated with the proposed rooftop installation from various locations in the neighborhood. Weather conditions were partly cloudy and cool with temperatures around 55 degrees. The study area consisted of an approximate Y2 mile radius from the project site. Photographs were taken from various vantage points within the study area to document the actual view toward the existing building. Photographs were taken using a Canon EOS Rebel XT Digital SLR digital camera with an 18 to 55 millimeter zoom lens. Unless otherwise noted, the zoom lens was set to approximately 31 mm to achieve a field-of-view comparable to a 50mm lens on a full frame 35mm camera, thereby approximating the normal human eyesight relative to scale. Using a handheld GPS unit, the coordinates and orientation of each photograph location were taken. Each photograph attached includes a brief description of the location and orientation from which it was taken. These photograph descriptions are summarized below: Imam Practical SdVOMS,Exceptional Service 965 Anderson Hill Road 2 November 7, 2013 Revised June 25, 2013 1. View from Anderson Hill Road, looking north towa of approximately 2100 feet rds the proposed installation, from a distance 2. View from intersection of Anderson Hill Road and entrance to Doral Arrowwood, looking northwest towards the proposed installation, from a distance of approximately 1500 feet. 3. View from the entrance to Blind Brook Club, looking northwest towards the proposed installation, from a distance of approximately 1400 feet. 4. View from entrance to Doral Greens Drive, looking west northwest towards the proposed installation, from a distance of approximately 1300 feet. 5. View from end of Doral Greens Drive E, looking west towards the proposed installation, from a distance of approximately 1200 feet. 6. View from Doral Greens Drive W, looking north towards the proposed installation, from a distance of approximately 500 feet. 7. View from Doral Greens Drive W, looking north towards the proposed installation, from a distance of approximately 300 feet. 8. View from intersection of King Street and Hettiefred Road, looking southwest towards the proposed installation, from a distance of approximately 1900 feet. 9. View from intersection of King Street and International Drive, looking south towards the proposed Installation, from a distance of approximately 2000 feet. 10. View from intersection of High Point Circle and Bellefair Road looking south towards the proposed installation, from a distance of approximately 2400 feet. 11. View from Bellefair Road, looking southeast towards the proposed installation, from a distance of approximately 2200 feet. 12. View from intersection of Bellefair Road and Fellowship Lane looking southeast towards the proposed installation, from a distance of approximately 2600 feet. These photograph locations are presented on the attached "PhotoLog Map." 3.0 PROCESS The digital images were merged and manipulated through the use of the image editing software "Adobe PhotoShop CSS." With this process, the proposed antenna and associated equipment were scaled to the correct location and height, relative to the TECTONIC Practical Sdutim'FwvlowseMce 965 Anderson Hill Road 3 November 7, 2013 Revised June 25, 2013 existing building. Copies of the existing conditions and the photographic simulations are attached. 4.0 CONCLUSION The potential visibility of the proposed installation is primarily limited to the immediate area. As the proposed installation includes a stealth flagpole and a stealth enclosure, the proposed addition of Verizon Wireless equipment on the Building at 965 Anderson Hill Road will have little to no adverse impacts on existing views of the Building. Beyond the immediate area, the building and proposed installation are obstructed by mature vegetation, the sloping landscape, and/or intervening buildings. If you have any questions or comments, please call the undersigned. Sincerely, TECTONIC ENGINEERING & SURVEYING CONSULTANTS P.C. ,Q� r Peter T. Sutherland P.E., L.E.P., C.P.G. Vice President, Manager of Environmental Services Nm ' ¢fl Approximate Typical � ---'� Photo Locationp � PHOTOLOG MAP e -rlt n ""� ,✓ ' t L�-= O PROPOSED ATTACHED z ANTENNA INSTALLA- `N N II TION ON AN EXISTING eF sSTRUCTURE ColecU ny � Zl1 Su O19 hese lip '.• av^ brax rhe 965 ANDERSON HILL RD to fawn RYE BROOK WESTCHESTER COUNTY NEW YORK Oved Mbacks 4' '�•< N 5tmlUrirersnly ;! 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PROPOSED FACILITY VWLL y ". � tti�w, Vit'1•. - 1 --r �� _ -'Ir ��".�z• - -- 1 I+•.r• l• - r i ✓ •T BE VISIBLE FROM • • DISTANCE FROM • • • • • '• '• 1 1 r r -• r // J'r. ' ,f�,. '` �^ � H S 'fit>�.�, rD ?t •�� ..�!• .�,. �, ♦'�' + rte! `� ' � �. - Y.r�_"�'� F' r ' �.G u F ..� .. �• h. .�� � ` J �v/' -. � '111 ,. .^. �+C 'a{-ZJr�. _S. •} �:i;�. Ir --� -.;....�`u- i. raw fi'�'�(f',.1' _ nr• 'fey- - - � ,'� e� pr TECTONIC . . FROM INTERSECTION ANDERSON NOT BE _ or G � �•IiSEI_y,.a may,T4 j7 . "<�.. ..i yk j • � Z.. jlt+(pi � � :t Ta}i__. _sfJj�R. •`_ �+� _�, 'fro �^ � s•��� ♦• rO 41, IN at 41 At • •`/�•.�� "� '�'. y i jl Q t �•y`K. _ ` ,_ _ �•_-ts� .. tom•��t s�t},'y rz• r-moi, ." t+•- �,r. �. - • ,_ _ ♦ •� a;;c+.-:.-j:�i h...�.?'=,.T y �•vts- • ;��'' _ '� '-- d �,�•,• y a~��j,, J �a•��� ":r b b IaC•r3 •`•• Nis .. t i •� "'1���.. TE C I VNILOOKING NW FROM ENTRANCE TO BLIND BROOK CLUB PROPOSED DISTANCE 0 11 ` a1. 1 i� •� `J.• y {. ilii t ` C,i ��PM E?,ifi ti. 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Q• �J•a �,A _�r e - l y A If !+tee • r.�,,.*� . . FROM _ DR.- . . . VISIBLE DISTANCE FROM THE PHOTOGRA;*f LOCATION To THE pRopoSED SITE IS,500,± r AL r ��� ' •�1 �eal �1 T 7 _ '� +� ♦ r �.�.,fir?`,�'• ��r'�if �•���`'� 1. � �• �`•_ -rim, - ��� J:v' �S I7��'���•••`• ` - • _ '` .���' '111•�r •ti•p.�l tri��,�,�• . !•�. �� - .. � �.. Ing '. - - .T•`•• � _ - •;�w_ gypp! •'• - .�'.. - .. ,.� .. .! `µ"1i « 9��,�'�•1%1�. `.�1' �:Z. � 3 - �, � 7 TECTLONIC . . DR. - . _ VISIBLE PROPOSED W •`�.� ♦ w lam'!',_ •A T' �. T.', r• ._ Jr�''�'� - .. / "�`�. '�° � �G�� y-. � .�+Z•'�SLR•;t ./�'"•_• ��... .. - _ OL LOOVJNG W FROM DORAL GREENS DR.W TECTONIC PROPOSED VISIBLEFROM THIS LOCATION DISTANCE FROM • • ty;.. � �%16P .1 A+111.�,y♦I�� ..1;, 1 y 1�.. j �, .• •Y'� �•— �' y, �.r _`r psi, ,�•�'� a e.�: a I^ iJ�(''• .,a.s♦ fe 4XI. 10 Al AIL �Ak . ' `:` � •^,fit' {. �'+;� ��.',•� � . .1'+ d` , .. - _ ._ ti — • �. —rte row � ^'. n �..•� TECrrrINTERSECTION _ Y. LOOKING S FROM INTERSECTION OF KING ST.AND INTERNATIONAL DR. I' TEC TONIC PROPOSED FACILITY WILL NOT BE VISIBLE FROM THIS LOCATION DISTANCE FROM THE PHOTOGRAPH LP•9 LOCATION TO THE PROPOSED SITE/S 2000't PractKal Soitrtims Exoeptfonal Sertice 6666-PURC2 .i J o ,y `'{k 1• `Sl Ac �i •� ~ 'f« ` •� /,' ,.�. - !tr: :�, .:i•:`' 1 _ off• �i �~. Y "�y.V 'a Y.. ��. ''' •�' 07 �. t•' -�tf�4 r r a _, � MAf' F .,,•••a i- -i. Of „kl yl .� yam`•f '=��;T .� �� V i t,--��1. •r10�,�� . F`�r`i .r y r �� ' 'cµ. `fit -y 6�'• �• ¢ '.i'..��-ir. �; �y, ♦ ti' •� _'+��•. �.V�.�' A" ;+, �vLl;j R' =" .•� -�r��� �. ,��;��" r .�- ��'r-tea or r r � 1 1 �y `f _ !/Li` •''� 0el1C• lkl oopol TECTONIC . . _ . - - . . . VISIBLE PHOTOGRAPHI . qHk 6q , DISTANCE FROM THE / /•r , ,T'e :� ��-�. � $ �r$r -. d. _ vol. S„• '4 j� .=� ,� 5: d ? l r /. ►`•r' 11-7 4L All, � a 71 R. LOOKING SE FROM VISIBLETECTONIC PROPOSED FACILITY IS _ . PHOTOGRAPH EXHIBIT 5 Structural Analysis TECTONIC CORPORATE OFFICE: Practical Solutions,Exceptional Service Mountainville,NY (800)829-6531 1279 Route 300 (845)567-6656 FAX:(845)567-8703 Newburgh,NY 12550 www.tectonicengineering.com Village of Rye Brook 938 King Street Rye Brook, NY 10573 (914) 939-1121 November 5, 2014 RE: 6666.PURC2 PURCHASE2 965 ANDERSON HILL ROAD PURCHASE, NY 10577 STRUCTURAL CAPACITY VERIFICATION To Whom It May Concern: New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") is proposing a public utility wireless telecommunications facility ("Facility"), consisting of outdoor equipment cabinets and six (6) panel antennas inside proposed 35' flagpole, supported on new rooftop steel dunnage, together with related transmission lines, conduits, utility connections, etc., and a backup generator at grade. For structural design of the equipment and antenna supports, the most stringent criteria from "The Building Code of New York State", and the ANSI/TIA-222-G-2005 "Structural Standards for Antenna Supporting Structures and Antennas"will be used. In addition, the flagpole and equipment frame will be designed so as not to diminish the structural integrity and safety of the existing building and will be constructed to meet all Local, City, State and Federal structural requirements for loads, including wind and ice loads. Should you have any questions, please do not hesitate to call me at (845) 567-6656 ext. 2811. Sincerely, ,gyp OF Ne TEC P�° " : I r a Z Edward N. ° 6pq Sr. Project St014 PLANNING • ENGINEERING - CONSTRUCTION AND PROGRAM MANAGEMENT An Equal Opportunity Employer � � a EXHIBIT 6 Commitment to Collocation 11�fINAWNWIluess Yuan Wbda 4 CWderoek Road W"Np*W 10894 MOM 814 714-7000 November 5,2014 Honorable Mayor Rosenberg and Members of the Board of Trustees Village of Rye Brook 938 King Street Rye Brook,New York 10573 Re: New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless') Proposed Public Utility Wireless Telecommunication Services Facility at 965 Anderson MH Ro#d Rye Brook.New York CT op� Dear Hon.Mayor Rosenberg and Members of the Board of Trustees: I am the area network real estate manager employed by New York SMSA Emoted Partnership d/b/a Verizon Wireless ("Verizon Wireleso in connection with the above referenced application to construct a public utility wireless telecommunication services facility (`Facility') at the Property. The Facility consists of small panel antennas within a stealth flagpole on the roof of the building at the above referenced property, together with related equipment also on the building rooftop. Pursuant to your request, this letter acknowledges that Verizon Wireless has no objection to co-Iocation of other wireless communication providers where technically, structurally and otherwise feasible. Thank you for your consideration. Ryan Maybeck M�� cc: Leslie J.Snyder,Esq. Z:WDATA\WPDATAISS4\WPW&WBANMWfkCBWhW=CVWeh=2\Zoaws\WIw.tionConutrrtc Ldw EXHIBIT 7 Composite Map Traffic,Bicycling,Terrain,Directions Westaheeter i Fairview Cbbntry Clbb g ): CoUnty Airport m --; r�p1a f , ' '`ki � .: s{'.. 120 'ti , � •fi ' • `� r— j} ' t VOCP lb— \ • t " Cou�trY _,r �• � �i :.�•_ _ off _ � `!5 '\� •' ' s ��,� State Unf,iprdityof Nett 1s 120 r v '4CIS ' " Q York at Purahake Colk ye ( . - �� / .ra f , 9 UW Oaks 1 fACC s oo ti Cowgry flub PURC Blind Brook IJc 141inn Aa s ub , ' - An OW Ad 0 _ Manh4ttenViOe 6MI4 4 Existing Coverage Surrounding Cell Sites Street Adress city Zip Code Structurewoe Woe Structure Height Westchester CountyAir ortrelo 240 ai ortroad Harrison 10528 Building75 Purchase Colle 735 Anderson Hill road Purchase 10577 Buildin 83 Lincoln Ave 938 Kin Street Rye BrooM 10573 Pole 77 EXHIBIT 8 Form of Removal Bond Performance Bond =B017 Bond No. This bond is effective ,2014, KNOW ALL MEN BY THESE PRESENTS: That we New York SMSA Limited Partnership d/b/a Verizon Wireless, 180 Washington Valley Road, Bedminster,NJ 07921 as Principal, and RLI Insurance Company, 9025 N.Lindbergh Drive, Peoria, IL 61615 as Surety, a corporation duly organized under the laws of the State of IL are held and firmly bound unto as Obligee,in the sum of ($ for the payment of which we bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally,by these presents. WHEREAS, the Obligee has issued the Principal a special use permit for modifications of a wireless telecommunications facility related to the. and it is a condition of said permit that Principal is obligated to remove the telecommunications tower and related facilities from the property at upon discontinuance of service. WHEREAS, the Obligee has agreed to accept this bond as security for performance of principal's obligations under said permit during the time period this bond remains in effect NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall perform its obligations under said permit as stipulated above,than this obligation shall be void, otherwise to remain in full force and effect,unless otherwise cancelled as hereinafter provided. PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and conditions: 1. In the event of default by the Principal, Obligee shall deliver to Surety a written statement of the details of such default within 30 days after the Obligee shall learn of the same, such notice to be delivered by certified mail to address of said Surety as stated herein. 2. This bond may be terminated or canceled by surety by giving not less than sixty (60)days written notice to the Obligee, stating therein the effective date of such termination or cancellation. Such notice shall not limit or terminate any obligations resulting from default by the Principal that may have accrued under this bond as a result of default by Principal prior to the effective date of such termination. 3. Neither cancellation not termination of this bond by Surety,not inability of Principal to file a replacement bond or replacement security for its obligations, shall constitute a loss to the Obligee recoverable under this bond. 4. No claim,action, suit or proceeding shall be instituted against this bond unless same be brought or instituted and process served within one year after termination or cancellation of this bond. 5. No right of action shall accrue on this bond for the use of any person, corporation or entity other than the Obligee named herein or the heirs, executors,administrators or successors of the Obligee. Bond No. 6. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number of years this bond remains in force or the amount or number of claims brought against this bond. 7. If any conflict or inconsistency exists between the Surety's obligations as described in this bond and as may be described in any underlying agreement,permit, document or contract to which this bond is related, then the terms of this bond shall prevail in all respects. 8. This bond shall not bind the Surety unless the bond is accepted by the Obligee. If the Obligee objects to any language contained herein,within 30 days of the date this bond is signed and sealed by the Surety, Obligee shall return this bond, certified mail or express courier,to the Surety at its address at: RLI Surety PO Box 3967 Peoria,IL 61612-3967 Failure to return the bond as described above shall constitute Obligee's acceptance of the terms and conditions herein. IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto signed and sealed this bond effective this )2014. New York SMSA Limited Partnership RLI Insurance Company d/b/a Verizon Wireless By: _ By: Aorney-In-Fact Memo Date: Wednesday, April 01, 2015 Project: Village of Rye Brook, Verizon (Doral Arrowwood Hotel) To: Mayor Paul Rosenberg and Members of the Board of Trustees; Chairman Gary Zuckerman and Members of the Planning Board From: Michael P. Musso, P.E. (HDR) Subject: Supplemental Tech Memo On March 27, 2015, HDR received supplemental application information regarding the above- referenced project. The supplemental information was prepared by Verizon and submitted to respond to both F.P. Clark Associates' comments and comments included in HDR's technical review memo (dated 3-12-2015), which were discussed at the March 12, 2015 Planning Board meeting. HDR reviewed the new information and has prepared this correspondence to supplement our original review memo. Additional information provided by the applicant in response to F.P. Clark's comments was not reviewed by HDR. HDR recommended that the proposed screening wall be extended to include the east side of the rooftop equipment platform. As noted in the supplemental information, the applicant now proposes to install cream-colored vinyl siding on all four sides of the platform, as shown on the revised Drawing A-2 (dated 3-20-15). There is no need to color-match any of the platform- based equipment, as it will now be surrounded by the screening wall on all sides. It should be noted that a canopy over the equipment area was proposed in the original application materials; the new drawings depict the canopy more clearly (shaded in green). Recommendations made prior for color-matching of conduit / utility runs located outside of the platform area are still relevant. Capacity trend information' for nearby existing Verizon sites was furnished with the supplemental submittal (as requested). According to the information provided, the on air Verizon King Street site (Village Hall) is expected to reach or near its capacity limits for one KPI around June 2015, and the Purchase College on air site around September 2015. The proposed Verizon site will supplement coverage for the area and provide necessary capacity relief for the existing nearby Verizon cell sites. HDR recommended outreach by the applicant regarding Westchester County Airport / Federal Aviation Administration (FAA) notifications that may be required. Snyder & Snyder submitted a letter with project details to the Airport on March 17, 2015. Airport representatives reportedly directed the applicant to provide a formal notification to the FAA. In turn, a FAA notification was submitted by the applicant on March 23, 2015; a response is pending at this time. Copies of the 1 Including key performance indicators (KPIs)of Average Scheduled Eligibility Users (ASEU) and Forward Data Volume (FDV), used to evaluate the capacity of a cell site or local network to provide reliable service. 1 recent correspondence and FAA notification were provided with the supplemental information materials and reviewed by HDR. The applicant's FAA notification identified a site elevation of 288 ft and structure height of 85 feet above grade, which matches application materials (rounded up to the nearest ft). The applicant should track all FAA determinations / correspondences, and any follow-up correspondences with the Westchester County Airport, and report back to the Village of Rye Brook with any new information. The Village can consider making the pending FAA 'approval' (i.e., a determination of 'No Hazard to Air Navigation') and endorsement by the Westchester County Airport a condition of approval to be provided prior to issuance of a Building Permit. HDR notes that the Westchester County Airport may defer determination to the FAA, and it is possible that no further comment will be furnished by the Airport. It is also noted that the applicant is responsible for the accuracy of survey and site- specific information that is presented to the FAA, and for the follow-up on the determination. The responses provided by the applicant in the March 27, 2015 supplemental information submittal appear to be responsive to HDR's comments. As noted in HDR's original technical review memo, a complete structural analysis can be completed as a condition of approval (during the Building Permit stage of the project). The original (3-12-2015) HDR memo also includes additional recommendations. Please contact me if additional information is required. 2 To: Members of the Planning Board March 12, 2015 From: Doral Greens Homeowners Association, Inc. Concerns of Doral Greens with cell tower proposal at Doral Arrowwood I am the President of the Doral Greens Homeowners Association and would like to make the Planning Board and the Village Board aware of the concerns we have with the cell tower proposed to be built on the Arrowwood Hotel building. Our first concern is regarding these cell towers and health issues. We appreciate that no definitive proof has been published linking these towers to a threat of cancer. However such threats have been frequently alleged to exist thus we urge the Village to take a very, very close look at the possible threat and decide if it is one they would like to ignore. We would also point out that the recent studies regarding the use of cell phones seem to continually suggest that there could be health risks beyond cancer, such as behavioral problems in children, and a team at the Cleveland Clinic found that men who used cell phones for more than four hours per day had markedly poorer sperm quality than the men in the control group. It is fair to say, "the data are not all in yet." However the precautionary advising of the use of simple measures to lower exposure should be adopted and taken seriously. Given the consistent results from these studies, public health bodies from around the world are asking that the current wireless safety standards be reviewed. The World Health Organization (WHO) recently classified radio frequency electromagnetic fields as a Group 2B possible carcinogen. Doctors groups are also sounding the alarm. The American Academy of Environmental Medicine, the International Society of Doctors for the Environment (ISDE) and the Irish Doctors Environmental Association (IDEA) are all calling for improved standards. This proposed cell tower is less than one mile from another tower that is in existence on the grounds of the Village Hall site. We were led to believe that this tower would alleviate reception problems in our area and we believe it did just that. Yet we are now confronted with the possibility of a new tower even closer to our homes. We strongly feel that just the public perception of the possible cancer link or that radiofrequency emissions pose a legitimate health risk to children would be enough to impact the home values at Doral Greens and thus would be detrimental to our homeowners. The second concern is the height of the proposed tower. It was originally designed to rise 25 feet from the hotel roof and this has now been increased to 35 feet. (A total of 81 feet without including the elevation of the topography, which would add more to the total.) We believe that both the Westchester Airport Authorities and the Federal Aviation Administration must be aware of and approve such a height. We ask you satisfy yourselves that the extra 10 feet are absolutely necessary. Notwithstanding that Verizon can meet any restrictions imposed we have a practical problem and that is because the flight paths of landing aircraft at Westchester Airport are determined by many factors, less when it is an instrument landing, which most commercial pilots use, and more when a visual landing is used when a pilot may use his own discretion during his approach. The placement of the tower being proposed may cause many pilots to avoid it by approaching from a more easterly route that places them DIRECTLY over the Doral Greens Homes. We have proposed that the airport tower direct these approaches so that they fly over the large hotel parking lot, which is located between the Hotel and Doral Greens and thus would affect less residents of either complex. We also would like a study or opinion of the authorities to the effect that the radio wave transmittals from the tower would in NO WAY interfere or jeopardize the communications to or instruments of the landing aircraft. We thank you for taking our concerns into consideration and for the diligence you will use in acting on the proposal presently before you. We do not begrudge the hotel trying to bolster its income and would hope they could find a much better way. V FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD,CONNECTICUT DAVID H. STOLMAN MEMORANDUM AICP,PP PRESIDENT EXICHAEL A.ECUTIVE GALANTE To: Gary Zuckerman, Chairman, and the VICE PRESIDENT Planning Board of the Village of Rye Brook 35o THEO.FREMD AVE. RYE, NEW YORK 10580 Date: March 6, 2015 914 967-6540 FAX: 914 967-6615 CONNECTICUT Subject: Review of applications from 203 255-3100 New York SMSA Limited Partnership d/b/a HUDSON VALLEY Verizon Wireless for a Special Permit and Site Plan 845 297-6056 Approval to install a wireless telecommunications facility LONG ISLAND on the roof of Doral Arrowwood, 965 Anderson Hill Road 5i6 364-4544 www.fpctark.com As requested, we reviewed applications from New York SMSA Limited email@fpclark.com Partnership d/b/a Verizon Wireless submitted to the Village of Rye Brook on behalf of the property owner, DCCA, LLC d/b/a Doral Arrowwood for a Special Permit and site plan approval to install a wireless telecommunications facility to include a stealth flagpole and related equipment on the roof, and a natural-gas powered back-up generator on grade in an existing outdoor equipment area that would allow collocation of additional telecommunications company facilities at the hotel building located at 965 Anderson Hill Road, Section 129.34, Block 1, Lot 45 on the Tax Assessor's Map. Property Description The hotel property is located in the PUD District, the Z-1 Instrument Approach Overlay Zone of Westchester County airport and the Anderson Hill Road Scenic Road Overlay District. The property is fully developed with a conference hotel and amenities, and it is adjacent to the Doral Green residential development to the east. The hotel property is also within 500 feet of the municipal lines of the Town/Village of Harrison and the Town of Greenwich in Connecticut, and it includes mature landscape plantings. The Blind Brook Club and the new Enclave (formerly Kingswood) development are located directly across Anderson Hill Road to the south, the Reckson Executive Park office complex is located to the north, and the Purchase campus of SUNY in Harrison is located immediately west of the property. FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD,CONNECTICUT Project Description The Applicant proposes to locate a new wireless telecommunications facility on the roof of the north east portion of the hotel building and a natural-gas powered back-up generator on grade in an existing screened outdoor equipment area in the same general location. The facility antennas will be located in a 35-foot high stealth flag pole mounted on the hotel roof and new equipment cabinets installed on the roof will be screened by a new siding-covered wall matching existing screening already in place that will be utilized create a completely enclosed screened equipment area. The new facility will allow future collocation of the equipment and facilities of other telecommunications companies. Review We reviewed application materials and plans submitted by the Applicant that include the following items: 1. Short Environmental Assessment Form 2. Site Plan Application and Checklist 3. Exterior Building Permit 4. Application for Wireless/Attached Wireless Telecommunications Facility Special Permit 5. Existing Coverage Map, no date, no preparer 6. Letter to the Board of Trustees from Snyder and Snyder, LLP, Tarrytown, N.Y., dated December 3, 2014 7. Statement in Support of Application for Special Permit and Site Plan Approval for Public Utility Wireless Telecommunications Facility, from Snyder and Snyder, LLP, Tarrytown, N.Y., dated November 24, 2014 8. Statement in Support from Ali Aljibori, Verizon Wireless, West Nyack, N.Y., dated June 24, 2014 9. Noise Report for Proposed Back-Up Generator prepared by Tectonic, Mountainville, N.Y., dated November 5, 2014 10.Antenna Site FCC Compliance Assessment and Report, prepared by Pinnacle Telecom Group, Cedar Knolls, N.J. dated October 31, 2013 11.Visual Impact Assessment, prepared by Tectonic Mountainville, N.Y. dated November 7, 2013 12.Structural Capacity Verification, prepared by Tectonic Mountainville, N.Y. dated November 5, 2014 13.Collocation Acknowledgement Statement from Ryan Maybeck, Verizon Wireless, West Nyack, N.Y., dated November 5, 2014 2 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD,CONNECTICUT 14.Proposed Form of Removal Bond prepared for Verizon Wireless, no date, not executed 15.Technical Review Email to Michael Sheridan, from HDR, Mahwah, N.J., on February 25, 2015 16.Engineer's Plans, prepared by Tectonic, Mountainville, N.Y., dated November 5, 2014: Sheet Number Sheet Title Date T-1 Title Sheet 10/15/13 rev.11/08/14 C-1 Plot Plan, Setback Map and Notes 10/16/13 rev.11/08/14 A-1 Site Plan & Generator Detail Plan 10/16/13 rev.11/08/14 A-2 Site Detail Plan and Elevation 10/16/13 rev.11/08/14 A-3 Details 10/16/13 rev.11/06/14 Please note that our review is limited to planning, zoning and environmental issues. We offer the following comments regarding the application: 1. Zoning. The proposed stealth flagpole, equipment, antennas and generator would be installed on the property and the roof of a building in the Anderson Hill Road Scenic Road Overlay District. It will be necessary for the applicant to demonstrate if any element of the installation will be visible from the Scenic Road, especially in the winter when deciduous trees are leafless. The installation is also within the Z-1 Instrument Approach Zone that includes a maximum height for structures in the zone as measured from the elevation of the surface of the airport runway. 2. Visual impacts. A visual analysis was provided showing existing views of the hotel building from various locations and distances surrounding the proposed area where the facility equipment and flagpole would be located. However, the trees in the pictures are in full leaf, which does not provide a demonstration of the "worst case" when trees are leafless and views towards these areas are more open. In addition, all of the copies of the photos provided are of sufficiently poor quality that a conclusion regarding the visual impacts of the equipment cannot be reached. The Applicant should verify if the quality of the original montages is at fault or if the copies are. Better quality copies of the photo montages, or better quality montages should be provided for review. In addition, the same views should be re-photographed now while the trees are leafless and new montages made to illustrate the same views in winter after installation of the facility. 3 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD,CONNECTICUT The new and existing screen walls proposed should be tall enough to completely obscure views of the new equipment cabinets. The drawings should include a measurement of the full heights of the tops of the equipment cabinets on the mounting structure from the surface of the roof, and the exact heights of the tops of the screen walls from the roof surface to ensure full screening capability of the walls. The Applicant should provide the proposed color of the flagpole and the proposed color should be graphically indicated in the visual analysis. The Applicant should also clarify whether or not the flagpole will be used to fly a flag. If so, the size and color of the flag should be depicted in the visual analysis. When we receive the requested graphics and information we will continue our review. We look forward to discussion regarding the application and our comments. Marilyn Timpone Mohamed, ASLA, AICP Senior Associate/Planning/Environment cc: Honorable Mayor and the Village Board of Trustees Christopher Bradbury, Village Administrator Michal Nowak, Superintendent of Public Works/Village Engineer Philip A. Butler, Esq., Village Attorney Snyder and Snyder, LLP, for the Applicant J.-IDOCS215001Rve Brookl53R.hhl.Doral Arrowwood Verizon Colocation.Site Plan Wndification.PB Intro memo.mtm.doc 4 March 12, 2015 File: 147 247441 Mayor Paul Rosenberg and Members of the Board of Trustees Chairman Gary Zuckerman and Members of the Planning Board Village of Rye Brook Village Hall 938 King Street Rye Brook, New York 10573 Re: Verizon Permit Application 965 Anderson Hill Road (Doral Arrowwood Hotel) Rye Brook, New York Technical Review Memorandum Dear Mayor Rosenberg, This memorandum was prepared to summarize HDR's technical review of an application prepared by Snyder & Snyder LLP, an agent of New York SMSA Limited Partnership d/b/a Verizon Wireless (Verizon), to install a new wireless telecommunication facility on a rooftop at the above-referenced location (the site) in the Village of Rye Brook, New York. The site is located within a Planned Unit Development (PUD) zoning district. This review includes a general assessment of Verizon's application focusing on issues related to facility operation, aesthetics, conformance with electromagnetic radiation hazard criteria, and other aspects by HDR. The review consisted of an analysis of the application materials dated December 4, 2014 and supplemental information that was received in March 2015. This memorandum is written for the review and comment of the Village of Rye Brook Planning Board and Board of Trustees. The applicant is seeking a Special Use Permit, Site Plan approval and Building Permit. The applicant has not identified the need for variances or other approvals. A summary of recommendations is included at the end of this report. Verizon Site Overview Installation of a new Verizon wireless telecommunications facility is proposed on the rooftop at the existing Doral Arrowwood hotel and conference center. Panel antennas are proposed to be nested within a 35 ft tall monopole structure ("flagpole" type monopole). Equipment cabinets are proposed in proximity to the base of the monopole, on a new steel platform situated within a dedicated area on the roof. Installation of a ground-based back-up generator is also proposed, near the northwest corner of the building (in proximity to an existing generator and other utility feeds). New cabling / 1 conduits are proposed between the proposed rooftop monopole / equipment area, and the back-up generator and existing utility connections in the building. The elevation of the roof surface where the monopole and equipment platform are proposed is at a height of approximately 45 feet above surrounding ground level (agl), with the parapet at approximately 48 ft agl. The proposed monopole is 35 feet tall and 2.5 ft in diameter, and is noted to reaches to a maximum elevation of approximately 84.5 ft agl. A total of six Verizon panel antennas are proposed to be concealed within the monopole structure. The antenna centerlines will be located at heights of 79.5 ft (3 antennas; approximately at the 30 ft height in the monopole) and 72.5 ft (3 antennas; approximately at the 23 ft height in the monopole). No flag is proposed as part of this application. Co-location by other wireless carriers in the proposed monopole structure is not likely to be feasible, due to the relatively small height and diameter of the monopole. Verizon base station equipment is proposed on the rooftop steel platform. The platform will house 8 equipment cabinets, 12 remote radiohead (RRH) units, a transformer, fire extinguisher, and non-glare motion sensor activated lighting near the rooftop equipment. The above-identified equipment, platform, and monopole base will be located behind a stealth screening wall designed to match the building features and colors. The screening wall is proposed to consist of cream colored vinyl siding surrounding three sides of the proposed equipment platform (west, south, and north sides). The screening wall is approximately 13 ft in height, and will effectively shield the platform, monopole base, and cabinets/equipment from viewpoints located north, south, and west of the site. In addition to the equipment that will be behind the screening wall, new stairs to access the facility and electric conduits are proposed. Electric, telcom and ground conduits will be routed along the rooftop surface and up the exterior of building walls in some locations. GPS units (4 total) will be mounted to the new screening wall; they will extend one foot over the top of the screen wall. Installation of one 50kw natural gas back-up generator is proposed as part of Verizon's application. It will provide back-up power to the Verizon equipment in the event of a power outage. A new gas line and gas meter is also required. The proposed location is at the rear of the building (north side), and adjacent to an existing backup power generator. The proposed emergency generator will be at grade, on an existing concrete pad, and surrounded on two sides by a concrete wall and on one side by the building. The proposed generator includes a sound attenuating enclosure. Application Review HDR conducted a preliminary review of the application materials dated December 3, 2014. A visit to the site (including the rooftop where the Verizon equipment is proposed, 2 and the on-site generator area) was conducted with applicant and building representatives on February 5, 2015. Based on the preliminary review and site visit, additional application information and clarification needs were identified by HDR. A supplemental information request was submitted via email on February 25, 2015 and responses were received on March 5, 2015. Original and supplemental materials were reviewed to complete this technical memorandum. Attachment A provides a summary of the additional information requested by HDR, with comments in red text. Verizon Service/Capacity Verizon's 965 Anderson Hill Road facility is being proposed to provide more reliable and faster wireless voice and data services to the site area, by supplementing coverage and adding capacity to its existing cell sites in the area. Existing (on air) Verizon sites include: • 938 King Street (Village Hall, Rye Brook) 77 ft antenna height [approx. 1 mile SE of site] • 240 Airport Road, Harrison, NY, building co-location, 74 ft antenna height [approx. 3.27 miles NW of site] • 735 Anderson Hill Road, Purchase, NY, building co-location, 84 ft antenna height [approximately 0.91 miles SW of site] The proposed installation will accommodate Verizon's enhanced "4G" or long-term evolution (LTE) operations, including various voice and data services, to consumers. Verizon is licensed to operate at several frequency bands, including 700, 850, 1900, and 2100 MHz to provide different classes of wireless services (LTE, PCS, and cellular). The proposed antennas and radio equipment include the following: 1. Six new panel antennas nested within the monopole structure. 2. Four new GPS antennas on the south screening wall 3. Twelve new RRH units and two sectorization boxes, near the base of the monopole. RHH units are used increasingly by wireless carriers to boost antenna signals and process "call traffic". Two RRH models are proposed (to accommodate the various Verizon frequency bands), with the largest unit having a weight of 50 lbs. and maximum dimensions of approximately 25" tall, 15"wide, and 8"deep. Although supplemental information was requested in terms of the on air Verizon sites and trends in call / data traffic and need for capacity relief in the site area (see Attachment A), detailed data has not been provided as of the writing of this report. The applicant's RF engineer has provided an affidavit that attests to the need for capacity 3 relief (noting that existing Verizon cell sites in the area have become overburdened, resulting in dropped calls, denied access to the network, a reduction in data transmission speed, or an inability to successfully transmit data). Given the locations of existing Verizon sites and antenna heights in the area, the newer frequency bands and LTE services which Verizon is licensed to roll out, and based on HDR's experience with similar Verizon projects in the region in the past two years (both new cell site proposals and applications for facility upgrades), capacity relief for the local Verizon network is likely needed now or in the near future. The proposed Verizon facility is situated and designed to provide capacity relief and supplemental coverage to the existing cell site network. The recommendations at the end of this memorandum include a request for trend information/key performance indicator data for the existing Verizon cell sites in the area to be furnished to the Village so that trends in data can be further documented. Conformance with NIER and Other Radiation Hazard Criteria In order to comply with the Non-Ionizing Electromagnetic Radiation (NIER) hazard criteria, Pinnacle Telecom Group (Pinnacle) (on behalf of the applicant) calculated RF levels for the proposed Verizon installation. It is understood based on application information and observations from the February 5, 2015 site visit conducted by HDR that there typically is no general public access to the Doral Arrowwood rooftop areas. Modeling was conducted by Pinnacle to simulate RF levels that can be expected in the site vicinity assuming the proposed Verizon site is constructed. The maximum RF level calculated was found to be approximately 1.1% of the general public Maximum Permissible Exposure (MPE) limit, at a distance of approximately 100 ft from the monopole. Thus, RF emissions at all general public areas in the vicinity of the site are anticipated to be well within the applicable MPE. FCC-type signage is proposed on or near the proposed Verizon equipment on the rooftop platform, and at all rooftop entranceways. The plan for signage appears to be appropriate for the proposed facility. Aesthetic Impacts and Noise Tectonic Engineering & Surveying Consultants, P.C. conducted a visual resource evaluation to determine the potential visibility of Verizon's proposed installation. A field investigation, within an approximate 1/2 mile radius, was performed by Tectonic on November 3, 2014, and photosimulations were developed. Tectonic concluded that the proposed Verizon installation would in general be visible only from the immediate area (Doral Arrowwood site, views from Doral Greens, distance views from Bellefair). Under the proposed design, the Verizon panel antennas will be concealed within the 35 ft monopole structure (2.5 ft diameter). The monopole will thus have a smooth, uniform appearance (proposed to be painted white to match existing rooftop features; no flag or 4 lighting is proposed), with no antenna arrays visible. The proposed monopole would be the tallest rooftop feature. To ameliorate potential views of the equipment compound, a stealth screening wall is proposed around three sides of the rooftop equipment platform. The screening wall consists of cream-colored vinyl siding which will rise to approximately 13 ft above the rooftop. The monopole base and cabinets / other equipment will be effectively screened from viewpoints located north, west, and south of the site; however, screening on the east side of the compound is not proposed. Recommendations relating to visual aspects of the proposed facility are included at the end of this memorandum. A new natural gas-powered 50 kW back-up power generator is proposed to be located at grade, off the northern-most building in the complex. An existing generator and transformer currently exist in this area of the site. The existing on-site generator measures 5' 2" wide x 12' 5" long x 10' 2" high. The proposed Verizon generator measures 3' 4" wide x 9' 2" long x 6' 4" high (including vibration isolators). The proposed generator will be housed within a new sound attenuating enclosure on an existing concrete platform. The platform area is surrounded on three sides by the building and concrete walls / embankment (west of the upper parking lot). For periodic testing purposes, the generator will reportedly be run once per week (typically in the afternoon) for approximately a one hour period. A noise analysis prepared by the generator manufacturer reports a noise level of 57.8 dB(A) at a 7 meter (approximately 23 ft) distance, and an analysis prepared by the applicant's engineer notes a maximum noise level of approximately 32 dB(A) at a distance of 48 ft (nearest property line). No parking or accessway changes on the property are proposed. The drawings indicate that RF notice signs are to be placed at all roof access locations and emergency signs are to be placed on proposed equipment. Signage will not be visible to the general public. FAA and Airspace The Doral site lies within the Z-1 Instrument Approach Zone of the Westchester County Airport. The Village code includes height limits for new structures as follows: The topmost height above the elevation of the end of the graded landing strip to which such approach zone is appurtenant is greater than 1/40 of its horizontal distance from the end of such graded landing strip. The applicant provided a zoning map, indicating a horizontal distance of approximately 6200 ft between the proposed monopole and the edge of the runway. HDR used Terrain Navigator Pro Software to review the estimated horizontal distance, and the approximate elevation at the subject runway (380 ft amsl). Based on application Drawings, the top of the proposed monopole is at 84.5 ft above grade or, at an approximate elevation of 372 ft amsl. Based on the above code criterion, the maximum 5 height allowed above the landing strip elevation would be 155 ft (i.e., 6200 * 1/40). The monopole height appears to meet the requirement (8 ft difference as estimated by HDR). The applicant concludes that no FCC lighting, markings, or other special requirements will be required for the proposed rooftop monopole. However, it is requested that project information be furnished directly to Westchester County Airport for review and so that the Airport can confirm that there are no issues with the proposed Verizon facility. A request for a determination of "no hazard to air navigation" may be required to be filed with FAA (e.g., FAA Form 7460-2, Notice of Actual Construction or Alteration). Structural A structural certification by Tectonic (NYS P.E.) was provided by the applicant, confirming that the building can accommodate the proposed installation. Structural summary calculations were not provided. The analysis utilized TIA 222-G guidelines, which appears appropriate as those guidelines include wind loads and ice conditions to be utilized in such structural assessments. It is understood that the Applicant maintains full responsibility for the accuracy and adequacy of all aspects of the proposed installation design and construction. It is also understood that the Village's Building Department may conduct a detailed review of the structural analysis (including all design assumptions and calculations). If requested, HDR can assist with the review of the final structural analysis. Conclusions and Recommendations The following recommendations were identified based on HDR's technical review of the Verizon application, and can be considered as conditions should the application be approved. • Aesthetics: It is recommended that the proposed screening wall that borders the south, west, and north sides of the Verizon facility compound also be installed along the east side of the equipment platform, for purposes of shielding equipment and monopole base from potential views from the east. Since existing rooftop mechanical equipment will screen some of the proposed compound, it is suggested that the northern 30 ft of the eastern equipment platform should also include the screening wall. Verizon cabinets, RRH units, and GPS units should be color-matched to the screening wall (it is understood that the interior and exterior of the screening wall will have the same color). Other structures including conduits and cables shall be color-matched to the existing building colors/textures as feasible. A 6 matte finish is recommended for all components. The following colors are recommended for the Planning Board's consideration: o Monopole:white appears to be reasonable based on photosimulations o Screening Wall: cream color vinyl appears to be reasonable based on photosimulations. Samples of the screening wall material / color should be provided by the applicant. o Conduit/Utility runs that are visible from general public areas (e.g., vertical pipe runs): match existing building background color for length of runs that are visible. Other equipment including conduit / utility runs that are installed on the roof surface, new stairs to access the Verizon equipment platform, and the back-up generator, should match in style and color with existing similar site/rooftop features. • Capacity Data: Capacity trend information for nearby existing Verizon cell sites is requested to further document the need for capacity relief in the area. This information can be displayed graphically (e.g., documenting an increase in capacity needs over time). Key performance indicators (KPIs) such as Average Scheduled Eligibility Users (ASEU) and Forward Data Volume (FDV) can be presented. [Refer to Attachment A] • RF /Safety: o The proposed FCC-type signage should be installed and routinely inspected and maintained in accordance with all FCC rules, regulations, and guidance. It is understood that the proposed Verizon equipment area qualifies as an FCC "controlled" area, and that there will be no "nearfield" antenna exposure potential for individuals accessing to the roof and who are not trained in RF emissions. [It is the applicant's responsibility to comply with all FCC rules and regulations that are applicable to the site and operations.] o Protocols should be established for rooftop access for persons not trained in RF emissions (such as maintenance workers that may need to work in proximity of the Verizon equipment / antennas in the future). It is understood that work of such nature will be coordinated between Verizon and Doral Arrowwood. • FAA / Airspace: The applicant concludes that the proposed 35 ft monopole will be compliant with FAA rules and regulations and will not require special FAA marking, lighting, or monitoring. It is requested that project information be furnished directly to Westchester County Airport for review and so that the Airport can confirm that there are no issues with the proposed Verizon facility. A request for a determination of "no hazard to air navigation" may be required to be filed with FAA (e.g., FAA Form 7460-2, Notice of Actual Construction or Alteration). • Structural Analysis: It is recommended that a final structural analysis (with design assumptions and calculations for the monopole, screening wall, equipment platform, and all equipment, and confirmation that the building has adequate structural capacity to accommodate the Verizon facility) be provided to the Village Building Department as part of the Building Permit review process. Although a structural certification letter has been furnished with the application materials (Tectonic; November 5, 2014), it is understood that the details for the facility (e.g., selected vender to provide monopole structure; type of supports for screening wall; anchor system for monopole base) may not be finalized at the current time. • Other: o Appropriate grounding and local code compliance should be established during the installation of the Verizon equipment and connections with existing electric and telephone utilities. It is understood that on-site connections will be utilized. Documentation of final construction (including but not limited to utility connections, "as-built" locations/heights of the monopole, antennas, equipment cabinets, and signage) shall be provided to the Village Building Department. o Operations should be maintained in accordance with the Village's Wireless Ordinance and all other relevant Village codes and state/federal regulations. Any proposed increases in Verizon's number of antennas, antenna sizes, or number/sizes of other equipment from the "final" approved configurations shall be approved by the Village prior to any modifications. o All applicable Village code and other state/federal requirements relating to operations, periodic compliance reporting, certifications, permit renewals, and other items shall be adhered to by the applicant for the life of the facility. Please feel free to contact us should you have any questions on this report. Sincerely, Henningson, Durham & Richardson Architecture & Engineering, P.C. In Association with HDR Engineering, Inc. ,JJ f- p , P �. Michael P. Musso, P.E. Senior Project Engineer cc: M. Nowak,C. Bradbury M. Sheridan (Snyder&Snyder) 8 ATTACHMENT A 9 February 25, 2015 HDR Supplemental Information Request Technical Information: • Details should be provided for all proposed remote radiohead (RRH) units, along with clarification on the number of RRHs per each frequency band. Typical details/ dimensions of the RRHs along with the attachments/mounts for this equipment can be provided on Dwg A-3. In addition, spec sheets for the RRH models proposed and a brief narrative on why the RRHs are required for the proposed facility are requested. (Specs can be integrated on the Dwgs or submitted with the narrative.) INFORMATION PROVIDED • A specification sheet for the proposed 35 ft (+/-) monopole should be provided. It is understood that a vender or specific product may not have been selected at this time; if that is the case a"typical"spec can be referred to. INFORMATION PROVIDED • RF—Necessity of Service o To supplement the RF affidavit in Exhibit 1, trend information for nearby existing Verizon cell sites is requested to confirm the need for additional capacity in the area. This information can be displayed graphically(e.g., documenting an increase in capacity needs over time). Key performance indicators (KPIs) such as Average Scheduled Eligibility Users (ASEU) and Forward Data Volume (FDV) can be presented. DETAILED DATA ON EXISTING CAPACITY NOT PROVIDED. o Coverage maps should also be provided for at least two of Verizon's frequencies, showing In-Vehicle coverage from existing/operational Verizon cell sites in the area("before and after", i.e.,with and w/o the proposed facility). The existing Verizon sites should include all that are located within the Village of Rye Brook boundaries, and the closest adjacent sites to the north, east, and west. The coverage map information is useful not only for the review of this application, but also so that the Village is aware of the status of existing cell sites. LOCATION INFORMATION ON NEARBY EXISTING (ON AIR) VERIZON SITES PROVIDED. COVERAGE MAPS WERE NOT FURNISHED. • RF—Alternate Sites o Were any alternate sites contemplated and reviewed in detail from an RF perspective for this application ? A DETAILED ALTERNATE SITE ANALYSIS WAS NOT CONDUCTED. APPLICANT NOTES IN RF AFFIDAVIT AND OTHER APPLICATION MATERIALS THAT BASED ON THE SUBJECT PROPERTY'S CONFIGURATION, SETBACKS, AND CURRENT ZONING—AND THE CONCEALMENT MONOPOLE DESIGN -THAT THE PROPOSED SITE IS THE BEST ALTERNATE FOR THE SITE AREA. • Structural—A certification letter was prepared by a NYS P.E., attesting that the existing building can accommodate the proposed Verizon facility. Based on the Planning Board review process, additional information may be requested in the future (e.g., structural analysis and design calculations). 10 STATEMENT. IF APPLICATION IS APPROVED, FULL ANALYSIS REQUESTED FOR BUILDING DEPARTMENT REVIEW. Aesthetics: • Better color images of the Visual Analysis/photosimulations are requested (such as digital color images/files). The copy of the Visual Analysis (Exhibit 4) in the application package received by HDR was not clear. COLOR IMAGES FURNISHED. • Is a specific color proposed for the monopole at this time ? YES, WHITE. • It is our understanding that a flag is not being proposed, please confirm. CONFIRMED. NO FLAG IS PROPOSED. • Screening Wall (max height of 13 ft+/- above existing roof surface; to conceal proposed Verizon equip platform/cabinets). DWG A-2 notes the screening wall is proposed on 3 sides of the Verizon platform. o It is requested that Detail 3/A-1 be revised to clearly depict the extent and locations of the proposed screening wall (perhaps with a bold line type and additional labels for the plan view). DWG A-2 UPDATED. o A specification sheet is requested for the screening wall (manufacturer, color options, material, thickness,weight, durability), along with details for how it will be anchored/mounted to the existing roof(typ.). Specs and details can be added to the Dwg set. NO ADDITIONAL INFORMATION ON THE SCREENING WALL WAS PROVIDED IN THE SUPPLEMENTAL MATERIALS RECEIVED IN MARCH 2015. o It is understood that a cream color is proposed for the screening wall in the application materials, but that the Planning Board may provide feedback on preferences. If possible, a sample of the proposed vinyl wall should be brought to a future Planning Board meeting. STATEMENT. • Coaxial Cable runs. o Based on the Dwgs the majority of the coaxial cable runs (and grounding, electric and telco runs)will be mounted along the rooftop surface and will thus not be visible from general public areas. For cable/conduit sections that are proposed to be situated along building walls (and that may be visible), please provide information for mounting and color matching. This information can be described in narrative form and with a detail on Dwg A-3. A flush mount"box type"cable cover that can be color-matched to the building walls is recommended, if feasible. NOTE ADDED TO DWG SET CONFIRMING ALL VISIBLE UTILITY CONDUITS/CABLES WILL BE PAINTED TO MATCH ADJACENT SURFACES. 11 • Future Colocation. Please clarify that the current Verizon proposal (35 ft+/-flagpole monopole) is designed to ONLY accommodate Verizon antennas, and that the structural certification letter does not consider hypothetical future co-location. Confirm that no additional space is available for other wireless carriers to co-locate within the proposed monopole as designed and shown on the Dwgs. SUPPLEMENTAL INFORMATION NOTES THAT CO-LOCATION WILL BE PERMITTED TO THE EXTENT FEASIBLE (AS PER CODE). HOWEVER, CO- LOCATION WITHIN THE PROPOSED 35 FT TALL MONOPOLE STRUCTURE IS UNLIKELY. FCC/ Height: • The proposed monopole on the roof appears to be the tallest structure that will exist if approved. A note on DWG C-1 states that the facility will comply with Code Section 250- 7D, specifically the Z-1 Instrument Zone. It appears an analysis has been completed for the Verizon rooftop facility to confirm it meets the height criteria of the Airport Zone. Additional information is required for the application file (narrative and sketch) that demonstrate compliance with the Village Code: o Plan View location of the subject Doral Building and proposed Verizon facility in relation to airport/landing strip, with 'overlays"Z-1 and Z-2 as defined in 250- 7D (1) shown. PLAN VIEW MAP FURNISHED. INCLUDES REFERENCES TO VILLAGE CODE AND ZONING MAP (confirming that the site is located on an Instrument Approach Zone [Z-1]). o Documentation x-section that shows the proposed Verizon facility is situated at appropriate distance from the airport and at a maximum height that is below the height limit criterion. X-SECTION NOT PROVIDED, BUT COMPARABLE INFORMATION FURNISHED ON PLAN VIEW MAP. • Based on the above, HDR or the Village may request that notification to the Westchester County Airport be made, to provide the Airport with an opportunity to comment on the Verizon application. STATEMENT. This information will confirm that no special FCC striping or lighting -and no zoning variance - is required for the proposed Verizon facility. STATEMENT. CONFIRMATION NEEDED Generator: • A specification sheet for the proposed generator/generator enclosure should be provided. Information on noise attenuation and exhaust should be provided. INFORMATION PROVIDED. • Confirm the height of the proposed generator in relation to the existing concrete wall to the north and east. INFORMATION PROVIDED. 12 • How do the specifications of the proposed generator compare with the existing on-site generator in the same area of the site, in terms of dimensions ? INFORMATION PROVIDED. • Natural Gas and Electric conduit. It is understood based on the Dwgs that the majority of the gas lines will be installed behind existing concrete walls at the north end of the Doral campus' buildings, and the majority of the electric lines that connect the generator to the propose Verizon facility will be routed along the rooftop surface (and will thus not be visible from general public areas). For sections of these utility lines that are proposed to be situated along building walls (e.g.,vertical runs that may be visible) and at grade, please provide information for installation and color matching. This information can be described in narrative form and with a detail on the Dwgs. NOTE ADDED TO DWG SET CONFIRMING ALL VISIBLE UTILITY CONDUITS/ CABLES WILL BE PAINTED TO MATCH ADJACENT SURFACES. 13 SEQR Page 1 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Project Number: Date: May 12, 2015 This Negative Declaration is prepared in accordance with Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. MW lqm&- The Village of Rye Brook Board of Trustees, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. 61 Name of Action: Proposed Verizon Wireless Attached Public Utility Telecommunications Facility Special Permit and Site Plan Amendment SEAR Status: Unlisted Action Conditioned Negative Declaration: No Description of the Action: The Proposed Action is an application for a Special Permit and Site Plan Amendment submitted by New York SMA Limited Partnership d/b/a Verizon Wireless, on behalf of DCCA, LLC d/b/a Doral/Arrowwood, property owner, to install an attached wireless communications facility stealth flag pole with concealed antennas and related equipment on the roof of the Doral Arrowwood Hotel Conference Center, and a natural-gas powered back-up generator on grade adjacent to the hotel building located at 965 Anderson Hill Road, Section 129.34, Block 1, Lot 45 on the Town of Rye Tax Map. MF Location: Village of Rye Brook,Westchester County, New York SEQR Negative Declaration Page 2 Reasons Supporting This Determination: COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: 1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? The Proposed Action will not result in any significant adverse impacts to existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or cause flooding problems. The stealth flagpole and related equipment will be installed on the roof of the hotel and will require land disturbance. During construction of the on-grade generator, erosion and sediment controls will be implemented to protect surface water quality and manage stormwater run-off. All work will comply with the requirements of the Village Code regarding protection of wetlands and steep slopes. The site plan amendment would not create any new potential adverse impacts. 1% 2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources, or community or neighborhood character? The Proposed Action will not result in any adverse impacts to aesthetic, agricultural, archaeological, historic, or other natural or cultural resources, or community or neighborhood character. The telecommunications facility is a roof top located flagpole with concealed antennas that will be painted white to make it inconspicuous. It will not include a flag. The related equipment boxes on the roof will be concealed behind screen fencing and will be covered. The concealment will be painted to match the existing building color. The backup generator will be located adjacent to the hotel building and it will also be screened from view. Based on visual analysis, visibility of the facility will be confined to the immediate area surrounding the pole and the on-grade backup generator screened area. The Scenic Roads Overlay District regulations of the Village Code require that alterations shall "be architecturally compatible with surrounding structures and the important scenic and natural features of the site shall be preserved." (§250-7.F(6)(a)). Based on visual analysis, the telecommunications facility will not be visible from the Anderson Hill or the King Street Scenic Road. lqmkl IdOMEMbb- 4k 3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? The Proposed Action will not result in any adverse impacts to vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species because all other elements of the existing Doral/Arrowwood site, including wetland and natural vegetation, landscape plantings and vegetative buffers will not be disturbed. All work will comply with the requirements of the Village Code regarding protection of wetlands and steep slopes. The changes to the site are minor in nature and would not create any new potential adverse impacts. IML 10 4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? The Proposed Action will not result in any significant adverse impacts to the Village's officially adopted plans or goals, or significantly change the use or intensity of use of the development or its natural resources. The minor site plan amendment proposed will not alter the Doral/Arrowwood site to create any significant new adverse impacts. 5. Growth, subsequent development, or related activities likely to be induced by the proposed action? The Proposed Action will not induce any growth, development or related activities. The minor site plan amendment proposed will not alter the Doral/Arrowwood site to create any significant new adverse impacts. 6. Long term, short term, cumulative, or other effects not identified in #1 through #5 above? The Proposed Action will not result in any long term, short term, cumulative, or other effects not identified in #1 through #5. The minor site plan amendment proposed will not alter the Doral/Arrowwood site to create any significant new adverse impacts. SEQR Negative Declaration Page 3 7. Other impacts (including changes in use of either quantity or type of energy)? None. The Verizon telecommunications facility will comply with all Village Code requirements, Federal Aviation Administration rules and requirements regarding height of the flagpole, and all Federal Communications Commission rules and requirements regarding human health and safety. Agency: Village of Rye Brook Board of Trustees Village Hall 938 King Street Rye Brook, New York 10573 For Additional Information: Contact: Christopher Bradbury, Village Administrator Address: Village Hall 938 King Street Rye Brook, New York 10573 Telephone: (914) 939-1121 A copy of this notice has been filed with the Lead Agency, Village of Rye Brook Board of Trustees. May 12,2015 R-2 RESOLUTION AUTHORIZING FREDERICK P.CLARK ASSOCIATES TO PREPARE RECREATION PROPERTIES'ZONING AINIENDINIENTS WHEREAS, the Village of Rye Brook Comprehensive Plan has identified the consideration of zoning amendments for certain properties with residential uses; and WHEREAS, Village Board has designated priority action items from the Comprehensive Plan Implementation and Action Agenda list that includes consideration of these zoning amendments; and WHEREAS, it is a high priority for the Village Board to consider the creation of open space and recreation zones in key areas in the Village;and WHEREAS, Frederick P. Clark Associates has provide the Village with a proposal for work directly related to this initiative pertaining to environmental review and planning and to work with village counsel to prepare any necessary legislation for an estimated fee of$13,300. NOW, THEREFORE BE IT RESOLVED, that the Village Board hereby authorizes Frederick P. Clark Associates to proceed with the scope of work as outlined in their proposal dated April 2,2015 for and estimated fee of$13,300. Plan Rye Brook 14. SUMMARY OF RECOMMENDATIONS The following is a summary of all recommendations made in this Plan. The following chapter, Implementation and Action Agenda, discusses and prioritizes those recommendations that are action items. Land Use and Zoning ■ Create either a new Open Space/Recreation zone for the Blind Brook Country Club property, or zone R-30 and mandate cluster development. Include the Village- and Town- designated parks in the Open Space/Recreation zone, to preserve these significant open space assets. ■ Review the C1 and C1-P zones to address excessive front yard setbacks and provide sufficient buffering from adjacent residential uses, and look at increasing height and floor area ratio (FAR) maximums to accommodate 3-4 story mixed-use development (residential over commercial). ■ Explore allowing multifamily uses in the C1 and C1-P zones by special permit, subject to the following criteria: o Co-location with commercial/office uses o Residential uses limited to upper floors in buildings fronting Westchester Avenue, Bowman Avenue or South Ridge Street o New residential uses limited to studios and one-bedrooms ■ Throughout the R2-F two-family residential zone, look at allowing offices as principal uses rather than accessory home offices, subject to a special permit, to encourage viable uses while preserving the residential character of existing buildings. ■ Explore creating a Village Center overlay zone— encompassing the existing C1, C1-P and OB-S zones, the OB-2-zoned parcel on Bowman Avenue east of Port Chester Middle School, as well as R2-F-zoned parcels along South Ridge Street, Westchester Avenue and Bowman Avenue —to promote mixed use, "downtown" development. Such a zone could provide for more flexible use, area and bulk standards or zoning incentives, but require new development to conform to a set of advisory design guidelines. ■ Pursue right of first offer for the gas station property at Ridge Street/Bowman Avenue for potential use as mixed-use development and/or public space. Natural Resources and Stormwater Management ■ Continue to focus on stormwater management at the regional and intermunicipal level, through partnerships with other municipalities, institutions and advocacy groups, and pursue funding for such partnerships and projects as needed. ■ Create incentives for homeowners to better manage stormwater on a local level. ■ Undertake a comprehensive sustainability plan to articulate a vision and approach to sustainability that is tailored to Rye Brook, with an action plan of implementable practices or projects that would be effective in addressing specific goals, objectives and targets in a Chapter 14: Summary of Recommendations 191 Local Laws, Regulations and Policies Village Inter- Governmental 4. Land Use and Zoning Create either a new Open Space/Recreation zone for the Blind Brook Country Club property, or zone 4.1 R-30 and mandate cluster development. Include the Village- and Town-designated parks in an Open Village Board Space/Recreation zone, to preserve these significant open space assets. Review the C1 and C1-P zones to address excessive front yard setbacks and provide sufficient buffering 4.2 from adjacent residential uses, and look at increasing height and floor area ratio (FAR) maximums to Village Board, accommodate 3-4 story mixed-use development(residential over commercial). Planning Board Explore allowing multifamily uses in the C1 and C1-P zones by special permit, subject to the following criteria: 4.3 ' Co-location with commercial/office uses Village Board, ■ Residential uses limited to upper floors in buildings fronting Westchester Avenue, Bowman Planning Board Avenue or South Ridge Street ■ New residential uses limited to studios and one-bedrooms Throughout the R2-F two-family residential zone, look at allowing offices as principal uses rather than 4.4 accessory home offices, subject to a special permit, to encourage viable uses while preserving the Village Board, residential character of existing buildings. Planning Board Explore creating a Village Center overlay zone—encompassing the existing C1, C1-P and OB-S zones, the OB-2-zoned parcel on Bowman Avenue east of Port Chester Middle School, as well as R2-F-zoned 4.5 parcels along South Ridge Street, Westchester Avenue and Bowman Avenue —to promote mixed use, Village Board, "downtown"development. Such a zone could provide for more flexible use, area and bulk standards or Planning Board zoning incentives, but require new development to conform to a set of advisory design guidelines. Chapter 15: Implementation and Action Agenda 204 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration Create Open Space/Recreation Zone for 4.1 Blind Brook Country Club property, or B+ A Actions Taken: Keane and Beane&F.P.Clark charged with drafting amendments zone R-30 and mandate cluster for Board review/consideration development Review the C1 and C1-P(Neighborhood Retail)to address excessive front yard setbacks and provide sufficient buffering 4.2 from adjacent residential uses.Look at B A(2) increasing height and floor area ration (FAR)maximums to accommodate 3-4 story mixed use development(residnetial over commercial) Explore allowing multi-family uses in the 4.3 C1 and C1-P zones by special permit, B A(3) (with 9.3) subject to certain criteria Look at allowing offices as principal uses rather than accessory home offices 4.4 subject to a special permt to encourage B A+(1) Actions Taken: Keane and Beane&F.P.Clark charged with drafting amendments viable uses while preserving residnetial for Board review/consideration character of existing buildings in the R2-F two family residential zone A-1 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration 5.Natural Resources and Stormwater Management Actions taken: A public hearing is scheduled for February 24,2015 to consider a local law to change the name and mission of the Advisory Council on Undertake a comprehensive Environmental Conservation(ACEC)to the Sustainability Committee. sustainability plan to articulate a vision In September 2014 the Village became a member of Sustainable Westchester through December 2015. and approach to sustainability that A grant to encourage Solar was submitted and denied in 2014. We are hopeful to 5.3 tailored to Rye Brook,with an action plan A- be selected for the 2nd round. w uld be effecentabletive practices or projects thjat The village has provided Sustainable Westchester with public locations for large- would be effective through the establishment of milestones and scale solar arrays. We will be contacted in 2015. appropriate timelines The Village has approved a NYPA agreement to consider LED street lights village- wide in 2015. Need to create a comprehensive Sustainability Plan- Sustainability Committee can be part of the process but they will need 3rd party/consultant support. 7.Transportation A rating for striping project,B rating for roundabout* Coordinate with DOT and Town of Greenwich. Revisit prior proposals for replacing King 7.2 Street/HRP interchange with a dual A n a Actions taken: The Village Board approved a new restriping plan for the King roundabout interchange and/or roadway / Street interchange in November 2014. This resolution was sent to Greenwich CT striping plan for action before being sent to NYSDOT. As of 2/10,waiting on response/feedback from Greenwich A-2 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration B.Infrastructure and Utilities 8.3 Educate the public about illegal sewer A Actions Taken: MS4 public education is ongoing,especially through the web site connections and in a village hall kiosk and educational stand. More to come in 2015. Identify,monitor and track repaving and road improvement projects in 8.4 coordination with utility companies and ongoing Actions Taken: Ongoing. Currently discussing improvements on Anderson Hill govt agencies.To reduce repetitive Road with Greewnwich and consultants(2015). construction,costs and traffic delays. 10.Commerical Development Abolish the OB-S zone and rezone the 10.1 areas included in that zone to the C1-P B+ A(2) (with 4.4) district 9.Housing Maintain good communications with 9.1 HOAs,major property owners and ongoing ongoing landlords Continue strong enforcement of land use regulations and the conditions of site 9.2 plan,subdivision or other land use ongoing ongoing approvals Explore allowing accessory apartments in 9.6 low-density single-family zone subject to A+ see Comp.Plan document for criteria criteria... A-3 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration ongoing: Ellendale Ave(4 Units),antic.Ready for occupancy in Summer 2015. Continue to encourage affordable housing Application submitted in Jan/Feb 2015 for 10 units at Reckson(part of 110 home developers to use the Village's affordable development) 9.7 housing floating zone and other land use ongoing Another application expected on Ridge Street in 2015. provisions adopted as part of the Barber Ave rezoned FAH,but may revert back. Westchester County model ordinance Housing Action Council designated by Village Board in March 2015 to be Village's affordable housing Program Administrator. -Another affordable housing application anticipated in 2015. 11.Village Center In the short-term,create landscaped buffers along sidwalks on South Ridge St. Longer term,promote a development pattern that places new buildings closer to the street frontage and provides 11.3 parking to the rear of the buildings.This A could be encouraged through the use of design guidelines or other regulations, including streamlining site plan review or by providing developer incentives Work with property owners to Actions Taken: The Village Administrator and Police Chief have been active participants in the Safe Routes to School program with the Port Chester School strengthen pedestrian frontages within District. The village has also provided detailed information on the goals of the shopping centers through improved landscaping,lighting and wayfinding 2015-2016 comprehensive plan in the middle sch000l area. It has been suggested that a traffic 11.4 signage and branding,and extend this A Budget study may be helpful to develop a design and specific projects and then seek grant approach to the shopping centers' fundign for those projects. The Village Board liaisons have also discussed this with parking lots and road frontages along the PC School Board liaisons. Schedule joint board meetings with Blind Brook South Ridge St.and Bowman Ave. and Port Chester School Boards. With PC Board,discuss traffic and pedestrian safety at Rye Ridge Plaza A-4 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration 12.Municipal Facilities and Community Character Continue to maintain a strong and cooperative relationshop with the Blind Actions Taken: The village is participating with the PCSD Safe Routes to School Brook and Port Chester School Districts program and the board liaisons have met within the past 60 days. The village is 12.2 to ensure that they meet the needs of ongoing also coordinating the joint bid renewal for sanitation servcies with the village and students and their families,while the BBSD,and regularly discuss recreation needs,certiorari matters,and retaining and enhancing the community development matters with the school districts as necessary. character of Rye Brook as a whole (recommended Further Study) Undertake a village-wide community 2015-2016 12.4 branding initiative P Budget Actions Taken: A s a start,the village has initiated the"Community Video"program for its web site which is anticipated to be ready in Spring 2015. A-5 May 12, 2015 R-3 RESOLUTION CONSIDERING THE USE OF VILLAGE STREETS FOR THE BBHS SENIOR CLASS PRE-PROM EVENT RESOLVED, that the use of Birch Lane on Thursday, June 11, 2015 from 5:OOPM to 7:30PM for the Blind Brook Senior Class Pre Prom event is hereby approved with the terms to be established by the Rye Brook Police Department. May 12,2015 R-4 RESOLUTION REQUESTING THAT THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION CONDUCT A TRAFFIC WARRANT STUDY AT THE INTERSECTION OF KING STREET AND COINILY AVENUE WHEREAS,the Village of Rye Brook's Traffic Commission has evaluated the intersection of King Street and Comly Avenue in the Village of Rye Brook and feels that a traffic light would be beneficial to motorists at that intersection;and, WHEREAS,the Village Board of Trustees identifies the potential need for a traffic light at the intersection of King Street and Comly Avenue. NOW,THEREFORE BE IT RESOLVED,that the Village Board hereby requests that the New York State Department of Transportation conduct a traffic warrant study at the intersection of King Street and Comly Avenue. RYE BROOK POLICE DEPARTMENT 938 King Street Rye Brook, N.Y. 10573 (914) 937-1020 MEMORANDUM TO: Christopher Bradbury, Village Administrator FROM: Sgt John Arnold, Traffic Sergeant DATE: April 27, 2015 SUBJECT: King Street at Comly Ave At the April 6, 2015 Traffic Commission meeting, the members of the Commission discussed the request for a traffic signal at the intersection of King Street at Comly Ave. The commission members are recommending that New York State DOT conduct a traffic study of the area to determine if the location would warrant a traffic signal. -----Forwarded by Andrew Genna/senate on 02/25/2015 02:06PM ----- To: Andrew Genna <aenna@nysenate.gov> From: "Weiss, Lisa (DOT)" <Lisa.Weiss@dot.ny.gov> Date: 02/25/2015 01:37PM Subject: RE: Question about getting a traffic light on street in Rye Brook [King Street/Route 120A & Comly Street Dear Andrew, Thank you for forwarding this inquiry. In response to Mr. Wallenstein's request for a traffic light at the intersection of King Street/Route 120A and Comly Street,we offer the following information. Mr. Wallenstein will need to contact the Town to concur with this request. NYSDOT will conduct a study upon receipt of an official Town Resolution referencing this request. After our department receives the resolution, an investigation will be conducted at this location and the municipality will be notified of our findings and conclusions. We appreciate Mr. Wallenstein's interest and thank him for his concern regarding highway safety. Sincerely, Lisa D. Weiss Assistant to the Regional Director New York State Department of Transportation, Hudson Valley 4 Burnett Boulevard, Poughkeepsie, NY 12603 (845)431-5750 I lisa.weiss(dDdot.ny.gov www.dot.ny.gov From: Andrew Genna [mailto:genna@nysenate.gov] Sent: Tuesday, February 17, 2015 12:34 PM To: Weiss, Lisa (DOT) Subject: RE: Question about getting a traffic light on street in Rye Brook Hi Lisa, The intersection is King St and Comly. I would appreciate any help you can provide. Thanks, Andrew Genna Senator George Latimer 222 Grace Church Street Port Chester New York, 10573 Telephone 914 934-5250 Fax 914 934-5256 -----"Weiss, Lisa (DOT)" <Lisa.Weiss@dot.nygov> wrote: ----- To: Andrew Genna <_genna@nysenate.gov> From: "Weiss, Lisa (DOT)" <Lisa.Weiss(ddot.nygov> Date: 02/17/2015 11:27AM Subject: RE: Question about getting a traffic light on street in Rye Brook Andrew, Where is the request specifically located? Thanks, Lisa From: Andrew Genna [mailto:genna@nysenate.gov] Sent: Friday, February 13, 2015 12:49 PM To: Weiss, Lisa (DOT) Subject: Question about getting a traffic light on street in Rye Brook Hi Lisa, I am writing on behalf of out constituent Mr. Stuart Wallenstein. He is requesting a traffic light to be installed. Please advise as to what I need to do to get this action started. Thanks, Andrew Genna Senator George Latimer 222 Grace Church Street Port Chester New York, 10573 Telephone 914 934-5250 Fax 914 934-5256 May 12,2015 R-5 RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE 2015 BRAKING AIDS RIDE RESOLVED, that the Braking Aids Ride is authorized to use the Village of Rye Brook streets for the 2015 Braking Aids Ride on Sunday, September 27, 2015, requested in a letter dated April 22,2015;and be it FURTHER RESOLVED,that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. April 22, 2015 Paul S. RosenbergIkkin Mayor Village of Rye Brook 938 King St AIDSride Rye Brook,NY 10573 Dear Mayor Rosenberg, I am writing to request permission again this year for BRAKING AIDS® Ride to travel through your jurisdiction on Sunday, September 27, 2015. We are also notifying Chief Gregory Austin of the Rye Brook Police Department of our intentions. BRAKING AIDS® Ride is a three-day bicycle ride to benefit Housing Works, a major AIDS service organization headquartered in New York City and with offices around the country. Approximately 125 riders will join together to raise money and awareness to fight a disease that affects millions of Americans each year,including many right here in our area. BRAKING AIDS® Ride is a fully-supported ride, not a race,with people of all ages, shapes, and sizes riding side by side. It will be an extremely challenging experience for all involved. I have enclosed the route that we propose to use to travel through your jurisdiction. Please review the enclosed materials. We are not asking for any, roads or lanes to be closed during our event. If Permission is granted, please fill out, sign and return the Notification and Approval of Event form attached. Since our proposed route winds its way briefly through your jurisdiction,we expect riders to be riding through your area from 9:15 am to 12:15 pm on September 27, 2015. Please feel free to call me at 212.989.1111 or e-mail to rroth(a�olobalimpactpro.com to discuss this request. We look forward to partnering with you to make a difference in the fight against AIDS in our community. Sincerely, Bob Roth Logistics Coordinator BRAKING AIDS® Ride kJANng Notification and A/DSiide Approval of Event Our jurisdiction has been notified in writing that BRAKING AIDS® Ride will be taking place on September 27, 2015. We are aware that approximately 125 bicyclists will be participating. They, will ride at their own pace and will follow the vehicular rules of the road. This is not a race or a timed event. Estimated Time of Arrival: September 27, 2015: 9:15 AM—12:15 PM **Please make any corrections to the information below Name: Paul S. Rosenberg, Mayor Organization:Village of Rye Brook Address: 938 King St, Rye Brook, NY 10573 Phone: 914-939-1121 Fax: 914-939-0242 Email: mayor( ryebrook.org Signature: Contact Name & Numbers Please provide a contact name and numbers for an individual who will be on-duty during the actual event, who will serve as contact in case of emergency or other situation. Name: Phone: Cell: (24 Hour Contact Number) Pager: (24 Hour Contact Number) Please return to Attention: Bob Roth Logistics Coordinator For Office Use Only BRAKING AIDS® Ride 127 West 26`h Street, Suite 402 Date Rec'd: New York, NY 10001 FAX to: 212.807.1853 Or e-mail to: rrotb@globalimpaetpro.com BRAKING AIDS° Ride - Route Cues 2015 Day 3 Police/Motorcycle Safety Township or Segment Mileage Total l�tiles Turn Note support Borough 0.7 45.4 Forward Welcome to New York! Westchester County Port Chester 45.4 Bend Right Onto Quintard Drive-begin climb 0.4 45.8 Cross King Street onto Indian Road Moto Safety-optional new cue 0.2 46.0 Right Onto West Glen Avenue new cue 0.2 46.2 Left Onto Hawley Avenue at stop sign new cue 0.0 46.2 Left Onto Haines Boulevard at stop sign new cue 0.1 46.3 Right Onto Ridge Boulevard at stop sign new cue 0.3 46.6 Left Onto Northridge Street Moto Safety Rye Brook 0.5 47.1 Cross Westchester Avenue/Route 120A at traffic light new cue +You Search Images Mail Drive Calendar Sites Groups More- rroth@globalimpactpro.oDm- / 6-1 2D \ o ByraT River Or BAR 2015 ,..J Reservoir mA \ All cha^ges savec in Dive ,eo `ap �_ - Magn°lia or \\\ \ 1 _ 1oQ `oydl it )\ pve T o \ a�`'\I ♦ Add layer _+Share / /a9er4Voch 4, Line 192 v{ o a 9 odor x 0 o A. �., Line 193 _ dV00d Rd12 `dSapOr �\ Pemb ick Park Line 194 r. 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V°d .�, Line 210 0, °fid P it Chester High School o ��'°,� r S� o Line 211 8 Newton Ave Bimbo Bakeries x r n 9 r o Manvood Ave 9 �� o ' H� Line 212 0 3 Hilton Westchester �� v e� \ sunset Rd c y0ie c o ah qA Oasis 1 + kenhylAve c �A aP o� 'a d g rtaoa Line 220 �� \ '� I Z $ i; a a d oP,z A e 120A or C lig B� W°a 1 _ 9 ill ; 4, Line 221 s� weStche ter n LL a v" 9° view-' / d P66 'S qVe m �' Irvin Ave Line 222 QuiAanR 9�e g o c Sr yoq 1 z aotd o� Line 223 �- \YhRd t � � wesrc e (�Oasis 4 . ¢ Q�' h Ster4ve wesrc vi Sh44 ` '0 40 n9gy �v4i a o° Li Talbot V1 ' % _...,. 'exican Grill s qve a eyg4e S Tarry Lodge:rl. A& `cA Pine si Cyt N Franklin St � .7 IAVe/ _ Pc\ / i p. ya' pelaVan m a Ellendalc Ave Sr i t o ,� Cy k%i/;ern �I] I 1 Goo g¢ h o 6r°h SI W /� Td _/ / o • y1W1ty mSt o Port Chester 1 St W - Ma data 02015 Google Terms n P o09 May 12, 2015 R-6 RESOLUTION REFERRING A LOCAL LAW CONCERNING THE PERMISSIBLE LOCATIONS FOR PROFESSIONAL OFFICE USES TO THE VILLAGE OF RYE BROOK PLANNING BOARD VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees is considering a local law to allow professional office uses in certain portions of the R-2F and R-15A Zoning Districts in the Village of Rye Brook; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action pursuant to SEQRA. NOW THEREFORE, BE IT RESOLVED, that pursuant to Section 250-14 of the Village Code, the Board of Trustees hereby refers the above-referenced local law to the Rye Brook. Planning Board for a Report and Recommendation thereon. LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE CODE A LOCAL LAW to amend Chapter 250 of the Code of the Village of Rye Brook regarding Professional Offices. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Chapter 250, Section 25, Subsection D, Item 1 of the Code of the Village of Rye Brook is hereby amended as follows: D. Uses permitted at discretion of the Planning Board pursuant to the procedure specified in Article IV, X250-6H(1): (1) Professional office space for use by, physicians, surgeons, dentists, attorneys, accountants, insurance agents or similar professions, not residents of the premises, in dwellings on the northerly and southerly side of Bowman Avenue between South Ridge Street and the Port Chester Village boundary line, and in dwellings on the northerly and southerly side of Westchester Avenue between North Ridge Street and the Port Chester Village boundary line, and in dwellings on the easterly side of South Ridge Street between Westchester Avenue and Bowman Avenue, presently zoned R2- F, provided that there shall not be more than two such professional persons occupying any one dwelling, and provided further that there shall be no hospital facilities in connection therewith in any, case. (a) Off-street parking space shall be provided for at least three cars for each office or suite of offices of a given tenancy, or one car for every 300 square feet of floor area used for such office purposes, whichever is greater, and the public entrance to such professional office and parking for such office shall be from Bowman Avenue. Westchester Avenue or South Ridge Street only. (b) Signs, for the professional occupying the space, shall not exceed two square feet in area, identifying a professional office. CQ New structures and additions, renovations or modifications to existing structures in which a professional office is located shall be designed to retain the residential appearance of the building to preserve the existing residential character of the neighborhood. Section 2. Chapter 250, Section 20.1, Subsection D of the Code of the Village of Rye Brook is hereby amended as follows: D. Uses permitted at discretion of the Planning Board pursuant to the procedure specified in Article IV, §250-6H(1): the same as in theme-5 (1) The same as in the R-25 District. (2) Professional office space for use b�physicians, surgeons, dentists, attorneys, accountants, insurance agents or similar professions, not residents of the premises, in dwellings on the northerly side of Westchester Avenue between North Ridge Street and the Port Chester Village boundary lam, presently zoned R-15A, provided that there shall not be more than two such professional persons occupying any one dwelling and provided further that there shall be no hospital facilities in connection therewith in any case. ( Off-street parking space shall be provided for at least three cars for each office or suite of offices of a given tenancy, or one car for every 300 square feet of floor area used for such office purposes, whichever is greater, and the public entrance to such professional office and parking for such office shall be from Westchester Avenue only. (b) Signs, for the professional occupyin the he space, shall not exceed two square feet in area, identifying a professional office. (c) New structures and additions, renovations or modifications to existing structures in which a professional office is located shall be designed to retain the residential appearance of the building to preserve the existing residential character of the neighborhood. Section 3. Severability. If any clause, sentence, paragraph, section, article or part of this Local Law shall be adjudicated in any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered, and such invalidity shall not be deemed to affect the remaining portions thereof. Section 4. This local law shall take effect immediately upon filing with the Office of the Secretary of State. Plan Rye Brook 14. SUMMARY OF RECOMMENDATIONS The following is a summary of all recommendations made in this Plan. The following chapter, Implementation and Action Agenda, discusses and prioritizes those recommendations that are action items. Land Use and Zoning ■ Create either a new Open Space/Recreation zone for the Blind Brook Country Club property, or zone R-30 and mandate cluster development. Include the Village- and Town- designated parks in the Open Space/Recreation zone, to preserve these significant open space assets. ■ Review the C1 and C1-P zones to address excessive front yard setbacks and provide sufficient buffering from adjacent residential uses, and look at increasing height and floor area ratio (FAR) maximums to accommodate 3-4 story mixed-use development (residential over commercial). ■ Explore allowing multifamily uses in the C1 and C1-P zones by special permit, subject to the following criteria: o Co-location with commercial/office uses o Residential uses limited to upper floors in buildings fronting Westchester Avenue, Bowman Avenue or South Ridge Street o New residential uses limited to studios and one-bedrooms ■ Throughout the R2-F two-family residential zone, look at allowing offices as principal uses rather than accessory home offices, subject to a special permit, to encourage viable uses while preserving the residential character of existing buildings. ■ Explore creating a Village Center overlay zone — encompassing the existing C1, C1-P and OB-S zones, the OB-2-zoned parcel on Bowman Avenue east of Port Chester Middle School, as well as R2-F-zoned parcels along South Ridge Street, Westchester Avenue and Bowman Avenue — to promote mixed use, "downtown" development. Such a zone could provide for more flexible use, area and bulk standards or zoning incentives, but require new development to conform to a set of advisory design guidelines. ■ Pursue right of first offer for the gas station property at Ridge Street/Bowman Avenue for potential use as mixed-use development and/or public space. Natural Resources and Stormwater Management ■ Continue to focus on stormwater management at the regional and intermunicipal level, through partnerships with other municipalities, institutions and advocacy groups, and pursue funding for such partnerships and projects as needed. ■ Create incentives for homeowners to better manage stormwater on a local level. ■ Undertake a comprehensive sustainability plan to articulate a vision and approach to sustainability that is tailored to Rye Brook, with an action plan of implementable practices or projects that would be effective in addressing specific goals, objectives and targets in a Chapter 14: Summary of Recommendations 191 Local Laws, Regulations and Policies Village Inter- Governmental 4. Land Use and Zoning Create either a new Open Space/Recreation zone for the Blind Brook Country Club property, or zone 4.1 R-30 and mandate cluster development. Include the Village- and Town-designated parks in an Open Village Board Space/Recreation zone,to preserve these significant open space assets. Review the C1 and C1-P zones to address excessive front yard setbacks and provide sufficient buffering 4.2 from adjacent residential uses, and look at increasing height and floor area ratio (FAR) maximums to Village Board, accommodate 3-4 story mixed-use development(residential over commercial). Planning Board Explore allowing multifamily uses in the C1 and C1-P zones by special permit, subject to the following criteria: 4.3 ' Co-location with commercial/office uses Village Board, ■ Residential uses limited to upper floors in buildings fronting Westchester Avenue, Bowman Planning Board Avenue or South Ridge Street ■ New residential uses limited to studios and one-bedrooms Throughout the R2-F two-family residential zone, look at allowing offices as principal uses rather than 4.4 accessory home offices, subject to a special permit, to encourage viable uses while preserving the Village Board, residential character of existing buildings. Planning Board Explore creating a Village Center overlay zone—encompassing the existing C1, C1-P and OB-S zones, the OB-2-zoned parcel on Bowman Avenue east of Port Chester Middle School, as well as R2-F-zoned 4.5 parcels along South Ridge Street, Westchester Avenue and Bowman Avenue —to promote mixed use, Village Board, "downtown"development. Such a zone could provide for more flexible use, area and bulk standards or Planning Board zoning incentives, but require new development to conform to a set of advisory design guidelines. Chapter 15: Implementation and Action Agenda 204 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration Create Open Space/Recreation Zone for 4.1 Blind Brook Country Club property, or B+ A Actions Taken: Keane and Beane&F.P.Clark charged with drafting amendments zone R-30 and mandate cluster for Board review/consideration development Review the C1 and C1-P(Neighborhood Retail)to address excessive front yard setbacks and provide sufficient buffering 4.2 from adjacent residential uses.Look at B A(2) increasing height and floor area ration (FAR)maximums to accommodate 3-4 story mixed use development(residnetial over commercial) Explore allowing multi-family uses in the 4.3 C1 and C1-P zones by special permit, B A(3) (with 9.3) subject to certain criteria Look at allowing offices as principal uses rather than accessory home offices 4.4 subject to a special permt to encourage B A+(1) Actions Taken: Keane and Beane&F.P.Clark charged with drafting amendments viable uses while preserving residnetial for Board review/consideration character of existing buildings in the R2-F two family residential zone A-1 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration 5.Natural Resources and Stormwater Management Actions taken: A public hearing is scheduled for February 24,2015 to consider a local law to change the name and mission of the Advisory Council on Undertake a comprehensive Environmental Conservation(ACEC)to the Sustainability Committee. sustainability plan to articulate a vision In September 2014 the Village became a member of Sustainable Westchester through December 2015. and approach to sustainability that A grant to encourage Solar was submitted and denied in 2014. We are hopeful to 5.3 tailored to Rye Brook,with an action plan A- be selected for the 2nd round. w uld be effecentabletive practices or projects thjat The village has provided Sustainable Westchester with public locations for large- would be effective through the establishment of milestones and scale solar arrays. We will be contacted in 2015. appropriate timelines The Village has approved a NYPA agreement to consider LED street lights village- wide in 2015. Need to create a comprehensive Sustainability Plan- Sustainability Committee can be part of the process but they will need 3rd party/consultant support. 7.Transportation A rating for striping project,B rating for roundabout* Coordinate with DOT and Town of Greenwich. Revisit prior proposals for replacing King 7.2 Street/HRP interchange with a dual A n a Actions taken: The Village Board approved a new restriping plan for the King roundabout interchange and/or roadway / Street interchange in November 2014. This resolution was sent to Greenwich CT striping plan for action before being sent to NYSDOT. As of 2/10,waiting on response/feedback from Greenwich A-2 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration B.Infrastructure and Utilities 8.3 Educate the public about illegal sewer A Actions Taken: MS4 public education is ongoing,especially through the web site connections and in a village hall kiosk and educational stand. More to come in 2015. Identify,monitor and track repaving and road improvement projects in 8.4 coordination with utility companies and ongoing Actions Taken: Ongoing. Currently discussing improvements on Anderson Hill govt agencies.To reduce repetitive Road with Greewnwich and consultants(2015). construction,costs and traffic delays. 10.Commerical Development Abolish the OB-S zone and rezone the 10.1 areas included in that zone to the C1-P B+ A(2) (with 4.4) district 9.Housing Maintain good communications with 9.1 HOAs,major property owners and ongoing ongoing landlords Continue strong enforcement of land use regulations and the conditions of site 9.2 plan,subdivision or other land use ongoing ongoing approvals Explore allowing accessory apartments in 9.6 low-density single-family zone subject to A+ see Comp.Plan document for criteria criteria... A-3 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration ongoing: Ellendale Ave(4 Units),antic.Ready for occupancy in Summer 2015. Continue to encourage affordable housing Application submitted in Jan/Feb 2015 for 10 units at Reckson(part of 110 home developers to use the Village's affordable development) 9.7 housing floating zone and other land use ongoing Another application expected on Ridge Street in 2015. provisions adopted as part of the Barber Ave rezoned FAH,but may revert back. Westchester County model ordinance Housing Action Council designated by Village Board in March 2015 to be Village's affordable housing Program Administrator. -Another affordable housing application anticipated in 2015. 11.Village Center In the short-term,create landscaped buffers along sidwalks on South Ridge St. Longer term,promote a development pattern that places new buildings closer to the street frontage and provides 11.3 parking to the rear of the buildings.This A could be encouraged through the use of design guidelines or other regulations, including streamlining site plan review or by providing developer incentives Work with property owners to Actions Taken: The Village Administrator and Police Chief have been active participants in the Safe Routes to School program with the Port Chester School strengthen pedestrian frontages within District. The village has also provided detailed information on the goals of the shopping centers through improved landscaping,lighting and wayfinding 2015-2016 comprehensive plan in the middle sch000l area. It has been suggested that a traffic 11.4 signage and branding,and extend this A Budget study may be helpful to develop a design and specific projects and then seek grant approach to the shopping centers' fundign for those projects. The Village Board liaisons have also discussed this with parking lots and road frontages along the PC School Board liaisons. Schedule joint board meetings with Blind Brook South Ridge St.and Bowman Ave. and Port Chester School Boards. With PC Board,discuss traffic and pedestrian safety at Rye Ridge Plaza A-4 Comprehensive Plan A- Rating Implementation and Action Agenda Category Action Item Proposed Amended Financing Status/Notes Rating Rating Consideration 12.Municipal Facilities and Community Character Continue to maintain a strong and cooperative relationshop with the Blind Actions Taken: The village is participating with the PCSD Safe Routes to School Brook and Port Chester School Districts program and the board liaisons have met within the past 60 days. The village is 12.2 to ensure that they meet the needs of ongoing also coordinating the joint bid renewal for sanitation servcies with the village and students and their families,while the BBSD,and regularly discuss recreation needs,certiorari matters,and retaining and enhancing the community development matters with the school districts as necessary. character of Rye Brook as a whole (recommended Further Study) Undertake a village-wide community 2015-2016 12.4 branding initiative P Budget Actions Taken: A s a start,the village has initiated the"Community Video"program for its web site which is anticipated to be ready in Spring 2015. A-5 May 12, 2015 R-7 RESOLUTION CONSIDERING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK FOR PRISONER TRANSPORTATION RESOLVED, that the Village of Rye Brook is authorized to enter into an Inter- Municipal Agreement with Westchester County for prisoner transportation, for the period of January 1, 2015 to December 31, 2015 as follows: (1/l/15 - 12/31/15) $212.25 per round trip plus mileage (1/l/16- 12/31/16) $217.55 per round trip plus mileage; and BE IT FURTHER RESOLVED that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Westchester govcom Robert P.Astorino County Executive Department of Correction Kevin M.Cheverko Commissioner April 24, 2015 Mr. Christopher Bradbury Village Administrator Village of Rye Brook 938 King Street Rye Brook, New York 10573 Dear Mr. Bradbury, Please find enclosed an original agreement between the Department of Correction and the Village of Rye Brook to provide prisoner transportation between the Village of Rye Brook and the Westchester County Jail for the term commencing January 1, 2015 and terminating December 31, 2016. Please remember to include a Certificate of Insurance (general liability and auto liability) naming Westchester County as additional insured. If you are self-insured, please provide a Self-Insured Employers Workers' Compensation Form (SI12) which certifies that compensation has been secured. After filling out and signing all pertinent sections and returning the original copy to this office, a fully executed copy will be returned to you. If you have any questions or comments, please do not hesitate to me at(914) 231-1336. Sincerely, DL6�I�V. Susan Gheevarghese 10 Assistant Director of Administrative Services Arn 10 LUT SSG/ms VILLAGE CLERK'S OFFICE Encl. P.O.Box 389 Valhalla,New York 10595-0389 Telephone: (914)231-1054 Fax: (914)231-1262 E-mail:kmc4Owestchestergov.com ' e PRISONER TRANSPORTATION--ZONE RATE THIS AGREEMENT, made this day of 52015 by and between: THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York having an office and place of business in the Michaelian Office Building, 148 Martine Avenue,White Plains, New York 10601 (hereinafter referred to as the"County") and VILLAGE OF RYE BROOK, a municipality of the State of New York having its office and place of business at 938 King Street, Rye Brook, New York 10573 (hereinafter referred to as the"Municipality") WHEREAS, pursuant to Sections 500-c and 500-d of the Corrections law prisoners are required to be transported from local municipalities to the Westchester County Jail in Valhalla,New York; and WHEREAS, the County and the Municipality agree to cooperate in providing such prisoner transportation. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the County and the Municipality agree as follows: 1. PRISONER TRANSPORTATION: Except for prisoners arrested by the Westchester County Department of Public Safety, the Municipality shall provide round trip prisoner transportation using its own police department personnel and vehicles between the Municipality and the Westchester County Department of Correction for all prisoners remanded to the Westchester County Jail by court order or required to appear before the local 0 court within the Municipality. The County will reimburse the Municipality for the actual number of round trips. All municipalities, where possible, shall hold prisoners for one daily trip to the Department of Correction. 2. REIMBURSEMENT: The Municipality shall be reimbursed by the County for prisoner transportation services at the rate plus mileage per round trip indicated in the Zone Rate Plan attached hereto as Appendix "A" and made a part hereof. The rate will be paid as follows: For transportation to County Jail subsequent to arrest- 1 round trip plus mileage; For Transportation from County Jail to local court; no return - 1 round trip plus mileage; For Transportation from County Jail to local court; remand to County Jail, where the time expended does not exceed three(3) hours - 2 round trips plus mileage; Only in the following circumstances will an hourly rate and mileage fee be paid, as an alternative to the zone rate set forth above: a. Transportation of female prisoners (1 officer and 1 matron). A minimum of four(4)hours will be reimbursed for a matron; or b. Transportation of seven (7) or more prisoners (requiring an additional officer); or c. Transportation of prisoners charged with Class A felonies OR classified by Department of Correction as an"A"or"AA"prisoner considered to present danger may warrant (requiring an additional officer); or d. Transportation from County Jail to local court and remand to County Jail where time expended exceeds three(3)hours. In the event that any one of conditions "a"through"d" above are met, then the actual per hour personnel costs incurred by the Municipality will be paid at the hourly wage 2 and fringe benefit cost as determined in the applicable collective bargaining agreement between the Municipality and the Municipal Police Association for police officers and/or matrons plus a mileage. Reimbursement for mileage shall be at the rate of fifty-six cents ($.56) per mile, or at the then current Internal Revenue Service mileage rate, multiplied by the mileage indicated in Appendix "A". 3. MEALS: The County shall reimburse the Municipality for meals provided to post-arraignment prisoners for the actual and reasonable costs incurred and receipts submitted as part of the municipality's monthly voucher submitted to the Department of Correction. 4. TERM: This Agreement shall commence on January 1, 2015 and shall terminate on December 31, 2016. The County may, upon thirty(30) days written notice to the Municipality, terminate this Agreement in whole or in part when it deems it to be in its best interest. In such event, the Municipality shall be compensated and the County shall be liable only for payment for services rendered prior to the effective date of termination. 5. PAYMENT: Requests for reimbursement shall be submitted by the Municipality on a monthly basis on properly executed County claim forms and paid after approval by the Commissioner of Correction. The number of round trips made, prisoners transported and dates should be listed on the claim forms submitted to the Department of Correction. Reimbursement request shall be subject to audit by the County, and the Municipality shall keep and make available to the County such detailed books and records as are reasonably necessary to substantiate the basis for reimbursement. The Municipality shall not be entitled to reimbursement for any prisoner transportation expense not specifically provided for herein. The total aggregate cost to the County under this Agreement and the agreements with the other municipalities for zone rate prisoner transportation pursuant to the Resolution approved by the Board of Acquisition and Contract on April 2, 2015, shall not 3 exceed $1,238,879. This Agreement shall be deemed executory only to the extent of the monies appropriated and available for the purpose of this Agreement and no liability on account hereof shall be incurred by the County beyond the amount of such monies. 6. INSURANCE AND INDEMNIFICATION: All personnel and vehicles engaged in prisoner transportation duties shall at all times remain and be deemed the employees and property of the Municipality. In addition to, and not in limitation of the insurance provisions contained in Schedule"B" of this Agreement, the Municipality agrees to indemnify, defend and hold the County, its officers, employees and agents harmless from and against any and all liability, loss, damage or expense the County may suffer as a result of any and all claims, demands, causes of action or judgments arising directly or indirectly out of the transportation of prisoners for which reimbursement is sought hereunder for losses arising out of the negligent acts or omissions of the Municipality, its agents or employees. 7. ENTIRE AGREEMENT: This Agreement constitutes the entire and integrated agreement between and among the parties hereto and supersedes any and all prior negotiations, agreements and conditions, whether written or oral. Any modification or amendment to this Agreement shall be void unless it is in writing and subscribed by the party to be charged. 8. APPLICABLE LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of New York. 9. APPROVALS: This Agreement is subject to the approval of the Westchester County Board of Legislators, the Westchester County Board of Acquisition and Contract and the governing legislative body of the Municipality. 4 IN WITNESS WHEREOF, the County and the Municipality have executed this Agreement on the day of 92015. THE COUNTY OF WESTCHESTER By: By: Kevin M. Cheverko (Name) Commissioner of Correction (Title) Approved by the Westchester County Board of Legislators by Act No 10—2015 on the 91h day of February, 2015. Approved by the Board of Acquisition and Contract of the County of Westchester on the 2nd day of April, 2015. Approved by the of the on the day of , 20_. Approved as to form and Approved as to form and manner of execution: manner of execution: Assistant County Attorney The County of Westchester K/Udcr/Zone Rate Agmt. 15 5 MUNICIPALITY'S ACKNOWLEDGEMENT STATE OF NEW YORK ) ) ss.. COUNTY OF WESTCHESTER) On this day of , 2015, before me personally came to me known, and known to me to be the of , the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he, the said resides at and that he is of said municipal corporation. Notary Public County CERTIFICATE OF AUTHORITY (Municipality) (Officer other than officer signing contract) certify that I am the of the (Title) (Name of Municipality) (the" Municipality") a corporation duly organized in good standing under the (Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law) named in the foregoing agreement that (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution of the Municipality, (Title of such person), that said agreement was duly signed for on behalf of said Municipality by authority of its (Town Board, Village Board, City Council) thereunto duly authorized, and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ss.. COUNTY OF WESTCHESTER) On this day of , 2015, before me personally came whose signature appears above, to me known, and know to be the of , (title) the municipal corporation described in and which executed the above certificate, who being by me duly sworn did depose and say that he, the said resides at , and that he is the of said municipal corporation. (title) Notary Public County APPENDIX A ZONE PLAN REIMBURSEMENT RATES WITH DISTANCE TRAVELED TO AND FROM WESTCHESTER COUNTY DEPARTMENT OF CORRECTION (Effective Term: January 1, 2015 through December 31, 2016) POLICE AGENCY ROUND TRIP DISTANCE ZONE #1 (1 - 10 Miles) Reimbursed Rate Per Round Trip: (1/l/15 - 12/31/15) $192.96 (1/l/15 - 12/31/16) $197.78 Plus mileage reimbursed at $.56 (or the then current IRS mileage rate) times distance. Elmsford,Village 6 Miles Sleepy Hollow, Village 8 Miles Pleasantville, Village 8 Miles Tarrytown, Village 10 Miles ZONE #2 (11 - 20 Miles) Reimbursed Rate Per Round Trip: (1/l/15 - 12/31/15) $202.62 (1/l/16- 12/31/16) $207.69 Plus mileage reimbursed at $.56 (or the then current IRS mileage rate) times distance. Irvington, Village 12 Miles Briarcliff Manor, Village 14 Miles New Castle,Town 16 Miles North Castle,Town 16 Miles Dobbs Ferry, Village 17 Miles Ardsley, Village 18 Miles Scarsdale, Village 19 Miles Ossining, Village 20 Miles Hastings-on-Hudson, Village 20 Miles ZONE #3 (21 - 30 Miles) Reimbursed Rate Per Round Trip: (1/l/15 - 12/31/15) $212.25 (1/1/16— 12/31/16) $217.55 Plus mileage reimbursed at $.56 (or the then current IRS mileage rate) times distance. Rye Brook, Village 23 Miles Rye, City 25 Miles Tuckahoe, Village 25 Miles Eastchester, Town 25 Miles Port Chester,Village 28 Miles Mamaroneck, Village 30 Miles Pelham,Town 30 Miles ZONE #4 (31 - 40 Miles) Reimbursed Rate Per Round Trip: ((1/1/15 - 12/31/15) $221.93 (1/l/16- 12/31/16) $227.48 Plus mileage reimbursed at $.56 (or the then current IRS mileage rate) times distance. Pelham Manor,Village 35 Miles -2- SCHEDULE "B" STANDARD INSURANCE PROVISIONS (MUNICIPALITY) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County,may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County,New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both,the employer must complete NYS form CE-200, available to download at: www.wcb.state.ny.us(click on Employers/Businesses,then Business Permits/Licenses/Contracts to see instruction manual). If the employer is self-insured for Worker's Compensation,he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI- 12, Certificate of Workers' Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers'Compensation Group Self-Insurance). (b) Employer's Liability with minimum limit of$100,000.00. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of$1,000,000.00 for bodily injury and $100,000.00 for property damage or a combined single limit of$1,000,000.00 (c.s.l.), naming the County of Westchester as an additional insured. This insurance shall indicate the following coverages: (i) Premises-Operations. (ii) Broad Form Contractual. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 per occurrence for bodily injury and a minimum limit of $100,000.00 per occurrence for property damage or a combined single limit of $1,000,000.00 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. -2- May 12,2015 R-8 RESOLUTION AUTHORIZING THE CONSOLIDATED GOVERNMENT EFFICIENCY PLAN CERTIFICATIONS WHEREAS,the Village intends to submit a Local Government Efficiency Plan,per the New York State Tax Freeze Credit Program, in conjunction with Westchester County;and, WHEREAS,as part of the submission,the Village is required to certify that the plan meets the criteria,that the Village will make every effort to achieve the savings stated,and will make reasonable efforts to implement the actions listed in the submission. NOW,THEREFORE BE IT RESOLVED,that the Mayor and Village Administrator are hereby authorized to sign and execute the three certifications for the Local Government Efficiency Plan. GOVERNMENT EFFICIENCY PLAN CERTIFICATION A TO: LAWRENCE SOULE,WESTCHESTER COUNTY BUDGET DIRECTOR FROM: [YOUR NAME] SUBJECT: CHIEF EXECUTIVE OFFICER OR BUDGET OFFICER CERTIFICATION A DATE: [CLICIL TO SELECT DATE] CC: [NA IE] I (name and title) herby certify that the (name of local government) agrees to undertake its best efforts to fully implement by the end of the local fiscal year beginning in 2017 the cooperation agreements,mergers,efficiencies and/or shared services specified in this plan. Signature Date [i\IUNICIPAL.ITY OR DISTRICT] [TITLE] [PHONE NUMBER] [EMAIL ADDRESS] Westchester County Department of Budget GOVERNMENT EFFICIENCY PLAN CERTIFICATION B TO: LAWRENCE SOULE,WESTCHESTER COUNTY BUDGET DIRECTOR FROM: [YOUR NAME] SUBJECT: CHIEF FINANCIAL.OFFICER CERTIFICATION B DATE: [CLICIL TO SELECT DATE] CC: [NAAIE] I (name and title) do hereby certify that it is my, professional opinion that full implementation by the end of the local fiscal year beginning in 2017, of the cooperation agreements, mergers,efficiencies and/or shared services that are to be taken by (name of local government) as specified in this plan will result in the savings set forth in this government cfficicncy plan. Signature Date [MUNICIPAL.ITY OR DISTRICT] [TITLE] [PHONE NUMBER] [E-MAIL ADDRESS] Westchester County Department of Budget GOVERNMENT EFFICIENCY PLAN CERTIFICATION C TO: LAWRENCE SOULE,WESTCHESTER COUNTY BUDGET DIRECTOR FROM: [YOUR NAME] SUBJECT: CHIEF FINANCIAL.OFFICER CERTIFICATION C DATE: [CLICIL TO SELECT DATE] CC: [NAAIE] I (name and title) do hereby certify that it is my, professional opinion,that full implementation of the cooperation agreements,mergers, efficiencies and/or shared services as specified for all of the local government tants that arc signatories to this plan will result in savings of at least one percent of the tax levies for fiscal years beginning in 2014 for all local government units that are signatories to such plan,in each of the fiscal years beginning in 2017,beginning in 2018 and beginning in 2019. Signature Date [MUNICIPAL.ITY OR DISTRICT] [TITLE] [PHONE NUMBER] [E-TVAIL ADDRESS] `Vestchester County Department of Budget Consolidated Government Efficiency Plan Type of Implementation Involve other Action Name Action Action Category Date Entities Signatories 2017 2018 2019 EOHWC-various projects for phosphorus reductions CA Other 1/1/2012 Yes other LGs Bedford 143,343 149,077 151,841 Cortlandt 51,639 53,705 54,701 Lewisboro 158,034 164,355 167,403 Mount Kisco 83,246 86,576 88,181 North Castle 4,452 1,630 4,716 North Salem 85,027 88,428 90,067 Pound Ridge 42,291 43,982 44,798 Somers 222,583 231,486 235,779 Yorktown 240,389 250,005 254,641 Mutual Aid Agreement with fire districts SS Police and Fire 1/1/2013 Yes other LGs Bedford Hills FD 102,500 102,500 102,500 Bedford Village FD 102,500 102,500 102,500 Fairview FD 213,128 213,128 213,128 Harrison FD 200,000 200,000 200,000 Hartsdale FD 254,429 254,429 254,429 Katonah FD 102,500 102,500 102,500 Purchase FD 211,713 211,713 211,713 Valhalla FD 200,000 200,000 200,000 West Harrison FD 211,713 211,713 211,713 Yorktown FD 162,500 162,500 162,500 South Salem FD 45,500 45,500 45,500 Thornwood FD 35,000 35,000 35,000 Croton Falls FD 30,750 30,750 30,750 Pound Ridge FD 37,500 37,500 37,500 Vista FD 20,000 20,000 20,000 Position re-organization and consolidation E General Government 1/1/2012 No Westchester County 28,288,932 28,288,932 28,288,932 New health insurance contributions E Employee Benefits 1/1/2012 No Westchester County 4,017,102 4,258,128 4,513,615 DoC adjusted salary scale E Employee Benefits 5/3/2012 No Westchester County 3,228,210 4,254,300 4,819,555 Westchester County Department of Budget 1 5/1/2015 Consolidated Government Efficiency Plan Type of Implementation Involve other Action Name Action Action Category Date Entities Signatories 2017 2018 2019 DSS Front-end detection systems E Social Services 1/1/2013 No Westchester County 7,301,417 7,301,417 7,301,417 I-Park rent savings E General Government 1/1/2015 No Westchester County 1,000,000 1,000,000 1,000,000 Restructure insurance program and change broker E General Government 1/1/2014 No City of Peekskill 224,311 224,311 224,311 Moved police retirees to self insured plan E Employee Benefits 3/1/2012 No City of Rye 169,536 169,536 169,536 LED street light conversion E Utilities 1/1/2016 No City of Rye 156,653 156,653 156,653 City Hall HVAC upgrade E Utilities 1/1/2016 No City of Rye 8,636 8,636 8,636 Include tax-exempt properties to pay in hydrant fees E Utilities 1/1/2016 No City of Rye 290,376 296,184 302,107 Used Lightpath for phone services E General Government 10/1/2014 No Town of Harrison 50,000 - - Replacing phone equipment w/contract renewal E General Government 10/1/2014 No Town of Harrison 14,800 - - Phone line efficiencies E General Government 10/1/2014 No Town of Harrison 4,620 4,620 4,620 Sanitation consolidation E Sanitation 1/1/2013 No Village of Harrison 276,987 276,987 276,987 Building department consolidation E General Government 1/1/2012 No Town of Harrison 281,279 281,279 281,279 Library position consolidation and alteration E General Government 1/1/2014 No Harrison Public Library 63,889 63,889 63,889 Intermunicipal agreement with NYSDOC CA Utilities 1/1/2014 Yes other LGs Town of Bedford 395,283 395,283 395,283 Health Care contributions w/new contract for Teamsters CA Other 1/1/2014 No Town of Bedford 54,877 54,877 54,877 Replaced active duty police officer w/retired for DARE E Public Safety 1/1/2015 Yes other SDs Town of Cortlandt 32,000 32,000 32,000 Westchester County Department of Budget 2 5/1/2015 Consolidated Government Efficiency Plan Type of Implementation Involve other Action Name Action Action Category Date Entities Signatories 2017 2018 2019 Postage and Printing changes to recreational publications E Culture&Recreation 1/1/2017 No Town of Cortlandt 25,000 25,000 25,000 Contracting out social work E Social Services 9/1/2014 No Town of Cortlandt 45,000 45,000 45,000 Consolidated two departments-eliminated 1 FT position E General Government 1/1/2015 No Town of Cortlandt 15,000 15,000 15,000 Consolidated legal&financial oversight services E General Government 1/1/2015 No Town of Cortlandt 10,000 10,000 10,000 Remove payphones&allow land line usage E General Government 1/1/2017 No Town of Cortlandt 4,000 4,000 4,000 Consolidated bus routes for summer camp program E Culture&Recreation 1/1/2017 No Town of Cortlandt 12,000 12,000 12,000 Negotiated lower starting salaries for laborer position E Highway 9/1/2014 No Town of Cortlandt 51,000 51,000 51,000 Personnel Consolidations E General Government 1/1/2012 No Town of Lewisboro 183,733 188,256 192,898 PBA Health Care Arbitration E Police and Fire 7/8/2014 No Town of Mt.Pleasant 111,300 119,995 129,371 Retirement Incentive E General Government 1/1/2015 No Town of Mt.Pleasant 18,915 16,922 14,952 SaniPro Refuse Collection rate change E Sanitation 12/4/2013 No Town of North Castle 617,551 606,799 581,279 Police position consolidation E Police and Fire 12/16/2014 No Town of North Castle 220,153 219,930 221,432 CBA Savings E Employee Benefits 6/15/2014 No Town of North Castle 237,904 239,526 239,644 Library position consolidation E Culture&Recreation 4/8/2015 No Town of North Castle 108,679 111,939 115,297 Supervisor salary savings E General Government 12/12/2012 No Town of North Castle 59,208 59,208 59,208 Medical buyout savings-insurer of last resort E Employee Benefits 6/27/2012 No Town of North Castle 30,923 32,469 34,092 Westchester County Department of Budget 3 5/1/2015 Consolidated Government Efficiency Plan Type of Implementation Involve other Action Name Action Action Category Date Entities Signatories 2017 2018 2019 Switching recreation camp buildings E Culture&Recreation 5/14/2014 No Town of North Castle 45,386 45,386 45,386 Changing health care insurer to NYSHIP E Employee Benefits 9/1/2014 No Town of Somers 207,932 184,743 159,138 IMA-Westchester County RICI System SS Police and Fire 5/30/2014 Yes other LGs Village of Bronxville 10,000 10,000 10,000 Reorganize highway garage supervision E Highway Department 9/10/2013 No Village of Rye Brook 50,039 50,039 50,039 Reorganize parks staff supervision under public works E Highway Department 9/4/2013 No Village of Rye Brook 9,507 6,187 6,187 Public works and parks position consolidation E Highway Department 4/23/2014 No Village of Rye Brook 74,599 74,599 74,599 Police department position consolidation E Police and Fire 10/23/2013 No Village of Rye Brook 118,984 118,984 118,984 Firefighter stipulation consolidation upon retirement E Police and Fire 11/13/2014 No Village of Rye Brook 39,762 62,176 70,589 Street light Inventory of entire system with Computel E Utilities 1/1/2014 No Village of Rye Brook 15,500 15,500 15,500 Midnight dispatch operated by WC ss Police and Fire 1/2/2014 Yes other LGS Village of Tuckahoe 303,938 303,938 303,938 Safety group workers comp E Employee Benefits 7/1/2013 No Hartsdale FD 29,332 29,332 29,332 Change in dental provider E Employee Benefits 7/1/2014 No Hartsdale FD 15,590 15,590 15,590 Census population for workmen's comp insurance E Employee Benefits 1/1/2012 No New Castle FD 1 20,000 20,000 20,000 Attorney services consolidation E General Government 1/1/2015 No New Castle FD 1 15,000 15,000 15,000 Upgrading existing Scott Air Paks E Police and Fire 1/1/2013 No North Castle FD 2 6,860 6,860 6,860 LED retrofit street lighting initiatives E Utilities 7/1/2014 No Town of Mamaroneck 133,800 133,800 133,800 Westchester County Department of Budget 4 5/1/2015 Consolidated Government Efficiency Plan Type of Implementation Involve other Action Name Action Action Category Date Entities Signatories 2017 2018 2019 Manpower savings though staff adjustments on work tours E Police and Fire 1/1/2013 No Town of Mamaroneck 172,400 172,400 172,400 PERMA-reduced workers comp rate w/lock E Employee benefits 7/1/2015 No Village of Bronxville 25,000 25,000 25,000 POMCO-reduced health insurance w/bid E Employee Benefits 8/1/2015 No Village of Bronxville 40,000 40,000 40,000 Flood mitigation project SS General Government 6/1/2015 Yes other LGs Village of Bronxville 208,333 208,333 208,333 LED street lighting initiative E Utilities 8/1/2015 No Village of Bronxville 40,000 40,000 40,000 Purchase of garbage truck with WC contract SS Equipment 2/1/2015 Yes other LGs Village of Bronxville 30,000 30,000 30,000 Position consolidation E General Government 6/1/2014 No Village of Mamaroneck 280,967 280,967 280,967 LED street lighting initiative E Utilities 6/1/2015 No Village of Mamaroneck 161,566 161,566 161,566 Renegotiated workmen's comp insurance E General Government 6/1/2013 No Village of Port Chester 262,761 262,761 262,761 Changed the prescription drug provider-same service E Employee Benefits 1/1/2015 No Town of Pound Ridge 33,597 33,597 33,597 Changed workmen's comp insurance E General Government 7/1/2015 No Town of Pound Ridge 56,304 56,304 56,304 Renegotiated garbage contract E Refuse 1/1/2015 No Town of North Salem 85,955 87,675 89,428 Renegotiated PBA contract E Police and Fire 1/1/2015 No Village of Scarsdale 69,018 69,018 69,018 Overtime savings using existing training building E Police and Fire 6/1/2015 No Village of Scarsdale 62,935 62,935 62,935 New Fire Department sick leave policy E Police and Fire 4/7/2014 No Village of Scarsdale 44,590 45,482 45,482 Personnel consolidation E Police and Fire 1/1/2012 No Somers FD 74,170 74,170 74,170 Westchester County Department of Budget 5 5/1/2015 Consolidated Government Efficiency Plan Type of Implementation Involve other Action Name Action Action Category Date Entities Signatories 2017 2018 2019 Purchase agreement to divest water distribution system E Utilities 5/1/2015 No Village of Pelham 60,000 65,000 70,000 Spread hydrant fees to tax-exempt properties E Utilities 1/23/2014 No Village of Pelham 110,000 115,000 120,000 New roadway salt contract through NYS E General Government 9/1/2015 No Village of Pelham 48,000 50,000 52,000 Lower pavement resurfacing contract with New Rochelle SS Highway Department 6/3/2014 Yes other LGs Village of Pelham 30,000 35,000 40,000 Position responsibility consolidation E General Government 1/1/2016 No Pound Ridge Library 30,000 30,000 30,000 Total 53,591,836 54,860,395 55,704,633 Westchester County Department of Budget 6 5/1/2015 Municipality/District Fiscal Year Tax Levy Village of Rye Brook 2014-15 $ 13,987,981 Total Levy 13,987,981 Total Levy $ 13,987,981 1% Savings Requirement $ 139,880 Savings Generated in Fiscal year Description of cooperation agreement,shared service,merger,or Municipality or District Type of 1l2017 2018 2019 efficiency Involved Eligible Activity Action Category Reorganize Highway Garage Supervision: Elimination of Lead Mechanic(09/10/13),incr.General Foreman(MEO)salary,have Highway ARI manage fleet software and automotive repair coordination. Village of Rye Brook Efficiency Department $50,039 $50,039 $50,039 Reorganize Parks Staff Supervision under Public Works:Repl.Parks Foreman(Rec Attend)position with Parks Attendant&add stipend Highway for an Asst.Foreman(Laborer)(09/04/13) Village of Rye Brook Efficiency Department $9,507 $6,187 $6,187 Do not replace Parks Attendant(04123114). Public Works and Parks personnel to work inter-departmentally when possible with Highway less staff. Village of Rye Brook Efficiency Department $74,599 $74,599 $74,599 Do not replace retiring Police Officer(10/23/2013). Utilize existing police department staff. Village of Rye Brook Efficiency Police and Fire $118,984 $118,984 $118,984 Negotiated a reduction in salaryforAsst.Mech/Laborer Highway (06/01/13). Paid at same rate as Parks Attendant. Village of Rye Brook Efficiency Department $12,870 $12,870 $12,870 Street light inventory of entire system with Computel(2014). Resulted in 77,000 Kw reduction going forward. Village of Rye Brook Efficiency Utilities $15,500 $15,500 $15,500 Audit of Cablevison franchise agreement revenue showed DVR Revenue not included(Est.$10,500/yr)and eliminating PSC fee deduction(Est.$1,200/yr). Village of Rye Brook Efficiency Utilities $11,700 $11,700 $11,700 Firefighter Stipulation(11-13-14) allows for a reduction upon retirement of one firefighter and the promotion of one existing firefighter to new supervisory position. Village of Rye Brook Efficiency Police and Fire $39,762 $62,176 $70,589 Turn Village Elections over to Westchester County: Rye Brook Village Board took the action in September 2012 starting with March 2013 village election. Note:3 year terms,so no general Village of Rye Brook/ General election every 3 yrs. Westchester County Efficiency Government $0 $8,757 $8,757 Settlement with Teamsters(Aug.2013)built upon prior health inurance premium contributions in 1st 20 years by increasing%of Employee salary for health premium from 1.75%to 2%. Village of Rye Brook Efficiency Benefits $2,347 $2,347 $2,347 Total Savings $ 335,308 $ 363,159 $ 371,572 Savings Requirement $ 139,880 $ 139,880 $ 139,880 Department and Personnel Reorganizations: REPLACE PARKS FOREMAN PARKS HIRE HEALTH WITH PARKS ATTENDANT SALARY OF PARKS SALARY INCREASE ANNUAL SEASONAL INSURANCE ATTENDANT (STEP 3 OF 4) SALARY UPON I FOREMAN PROD.TO SALARY INCREASE FOR ASST. PAYMENT TO PARKS SAVINGS(IND STARTING AS OF SAVINGS SAVINGS SAVINGS ACTION RETIREMENT 06/01/2015 FOR FOREMAN FOREMAN ARI 2013-14 ATTENDANT PLAN) SALARY O6/01/2015 2017 2018 2019 Elimination of Lead Mechanic Effective 6/4/13 $85,147.001 $2,500.00 $42,269.00 $9,661.00 $50,039.00 $50,039.00 $50,039.00 Elimination of Parks Foreman (Parks Attendant)Effective 9/4/13 $81,794.00 $89,407.00 $4,800.00 $13,481.00 $49,415.00 $61,619.00 $9,507.00 $6,187.00 $6,187.00 Elimination of Parks Attendant Effective 4/23/14 $64,938.00 $9,661.00 $74,599.00 $74,599.00 $74,599.00 Elimination of Police Officer Effective 10/23/13 $100,257.00 $9,661.00 $118,984.00 $i1Q984.00 $118,984.00 Salary Reduction: Previous 06/01/2012 Salary Reduction Title&Action Salary Eff.06/01/2013 Difference Reduction of Salary for Assistant Mechanic/Laborer Effective 6-1- 13 $72,278 $59,408 $12,870 Summary of Estimated Street Uaht Inventory Savinas: The Village street light inventory by Computel resulted in a reduction by 18,120 watts when it was corrected. That translates to roughly 77,000 kilowatt-hours annually. Annual savings will depend on ConEd delivery rates and NYPA's production rates,but at a cost of$0.20/kwh the savings is roughly$15,500 per year. Computel's fee was only for a percentage of the past expenses recovered and all savings going forward is to the benefit of the Village of Rye Brook. Summary of Estimated Cablevision Revenue Audit Savings: As a result of the audit by Computel,additional Franchise Fees from Cablevision are estimated at$10,500 annually on DVR revenue and$1,200 annually by eliminating PSC Fee deductions. Normally you would see both categories grow going forward as cable prices increase. However,even though revenue will likely grow due to Increased cable charges,the Cablevision subscriber count has been gradually declining. Based on that combination,those annual numbers are likely to remain stable. Computel's fee was only for part of the past revenue recovered and all additional revenue going forward goes to the Village of Rye Brook. (note:Cablevision is challenging this audit item&the requirement to provide this additional revenue to Rye Brook). Firefighter Reorganization(1 Less FF,Promote FF to Supervisory position): Savings from Health Insurance(Indiv. Est.Supervisor Cost Action Step 2016-17 Salary Plan) (15%of Base) Net Savings Assumes FF Retires before June 1, 2017,do not replace and instead Step 1 $44,986.00 $9,661.00 $14,885.00 $39,762.00 promote 1 FF to supervisory position. Step 2 $67,400.00 $9,661.00 $14,885.00 $62,176.00 Step 3 $75,813.001 $9,661.001 $14,885.001 $70,589.00 COn Sept.11,2012 the village turned over the elections to West.County going forward starting In 2013: Election costs: Election costs: Election costs: Election costs: Mar.2010 election Mar.2011 election Mar.2012 election Mar.2013 election FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 County-run (3 yr.terms so no No village costs 8,965.00 1 election every 3rd yr) 8,757.001 going forward Teamsters Settlement Health Insurance Premium Contributions in 1st 20 years from 1.75%of Salary to 2%(Aug.2013 Settlement): Village Savings Number Number in title(with 6/1/15 6/1/15 6/1/15 6/1/15 1.75%to 2%of Title in Title over 20 yrs) Salary Total 1.75%Insur. 2%Insur. salary MEO(General Foreman) 1 0 $96,040 $0 $0 $0 Mechanic 1 1 $85,708 $85,708 $1,500 $1,714 Motor Equipment Operator 3 1 $81,477 $244,431 $4,278 $4,889 Laborer(Hired pre-1/24/03) 1 1 $80,422 $80,4221 $1,407 $1,608 Assistant Mechanic/Laborer Start After 1 Year After 2 Years After 3 Years 1 1 $63,509 $63,509 $1,111 $1,270 Laborer(Hired on/after 1/24/03) Start After 1 year: After 2 years: After 3 years: 4 4 $71,805 $287,220 $5,026 $5,744 Rec Att/Park Foreman Rec Att/Park Groundskeeper Start 1 1 $50,527 $50,527 $884 $1,011 After 1 year: After 2 years: After 3 years: 2 2 $63.509 127 01 $2.223 52.540 Totals 14 11 1 $16,430 $18,7771 $2,347 Municipalities and Districts Joining with Westchester County County Cities Towns Villages Fire Districts Libraries Westchester Peekskill Bedford Bronxville Bedford Hills Harrison Rye Cortlandt Harrison Bedford Village Pound Ridge Eastchester Mamaroneck Croton Falls Harrison Mt. Kisco Fairview Lewisboro Portchester Hartsdale Mamaroneck Rye Brook Katonah Mt. Pleasant Scarsdale New Castle#1 North Castle Tuckahoe North Castle#2 North Salem North Castle#1 South Pound Ridge Pound Ridge Somers Purchase Yorktown Somers South Salem Thornwood Valhalla Vista Yorktown Total Tax Levy=$1,136,581,600 Savings Requirement=$11,365,816 Westchester County Department of Budget 4/30/2015 May 12, 2015 R- 9 RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR USE OF THE WESTCHESTER COUNTY FIRING RANGE RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Mayor and Village Administrator to sign all necessary documents to enter into an Inter-Municipal Agreement with Westchester County for use of the Westchester County Firing Range. THIS AGREEMENT made this day of , 2015 by and between: THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the "County") Acting by and through the Westchester County Department of Public Safety Services (hereinafter referred to as the "Department") and a municipal corporation of the State of New York having an office and place of business at , New York (hereinafter referred to as the "Municipality") WHEREAS, the County has a firing range facility ("Firing Range") located in Valhalla, New York. This eighteen (18) point state-of-the-art Firing Range has an advanced targeting system and can accommodate duty side arms and most patrol rifles carried by law enforcement personnel in this County; and WHEREAS, Municipality desires to send its public safety employees to the Firing Range for training purposes upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties agree as follows: Section 1. The County and the Municipality agree that the Municipality may utilize the Firing Range by sending public safety employees to the Firing Range for firearms training, subject to availability. The Municipality may utilize the Firing Range during the hours of 8:00 am to 4:00 pm, or 4:00 pm to 12:00 am. Advance reservations will be required in order to use the Firing Range. The Municipality must contact the County by telephone to determine availability and make a reservation at least forty-eight (48) hours prior to the desired firearms training session. The Municipality, twenty-four (24) hours prior to the reservation date, shall send, via facsimile, a written confirmation letter to the County specifying the dates and times reserved. The Firing Range telephone number is (914) 231-4381 &facsimile number is (914) 231-4389. Section 2. In exchange for the use of the Firing Range, which will be staffed by a Department safety officer, the Municipality shall pay a flat fee of Six Hundred and Thirty ($630.00) Dollars per eight hour tour, for a maximum number of 36 officers in attendance. The Firing Range shall be operated under the direction of the safety officer. The Municipality shall adhere to all instructions issued by the Department's safety officer. A Municipality shall have the option of requesting the Department provide a firearms instructor to assist with the training process of its employees. If the Municipality requests a firearms instructor, the Municipality shall pay an additional fee equal to $80.79 per hour or $646.32 per eight hour tour. Any one attending the Firing Range shall be responsible to bring his/her own weapons and ammunition. The County shall send an invoice to the Municipality not later than the 15th day of the month following the month in which the services were provided by the County. The Municipality shall pay any such invoice within thirty (30) days of receipt thereof. Section 3. The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "A", entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule "A", the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs,judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality ; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. 2 Section 4. in no event shall the County have any obligation to the Municipality or its employees for a any claim raised or benefits provided pursuant to New York General Municipal Law Section 207-c. Section 5. This term of this Agreement shall commence upon execution and continue in full force and effect for five (5) years. Section 6. This Agreement may be terminated by either party by giving written notice of the termination to the other party not less than thirty (30) days prior to the effective date of such termination. Section 7. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. To the County: Commissioner- Sheriff of Public Safety Saw Mill River Parkway Hawthorne, New York 10532 With a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To the Municipality: Section 8. The failure of either party to insist upon strict performance of any term, condition or covenant herein shall not be deemed a waiver of any rights or remedies that the 3 party may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions or covenants herein. Section 9. This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties. Section 10. The Municipality and the County agree that the Municipality and its officers, employees, agents, Municipalities, subconsultants and/or consultants are independent contractors and not employees of the County or any department, agency or unit thereof. In accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor any of its officers, employees, agents, contractors, subconsultants and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof. Section 11. Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein. Section 12. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to 4 the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. Section 13. This Agreement shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE COUNTY OF WESTCHESTER By George N. Longworth Commissioner—Sheriff Department of Public Safety MUNICIPALITY By (Name and Title) Approved by the Westchester County Board of Legislators by Act No. 2014-152 on September 8, 2014. Approved by the Board of Acquisition and Contract of the County of Westchester on the 16th day of October,2014. Approved as to form and Manner of execution: Associate County Attorney Date County of Westchester s/a/dps/firing range/Firing Range IMA Final doc 5 MUNICIPALITY'S ACKNOWLEDGEMENT STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER) On this day of , 2015, before me personally came to me known, and known to me to be the of , the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she, the said resides at and that he/she is the of said municipal corporation. Notary Public County CERTIFICATE OF AUTHORITY (Municipality) I, certify that I am the (Officer other than officer signing contract) of the (Title) (Name of Municipality) (the "Municipality") a corporation duly organized in good standing under the (Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law) named in the foregoing agreement that who signed said (Person executing agreement) agreement on behalf of the Municipality was, at the time of execution of (Title of such person), the Municipality, that said agreement was duly signed for on behalf of said Municipality by authority of its thereunto duly authorized, (Town Board, Village Board, City Council) and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On this_day of 2015, before me personally came whose signature appears above, to me known, and know to be the of (Title) the municipal corporation described in and which executed the above certificate, who being by me duly sworn did depose and say that he, the said resides at and that he/she is the of said municipal corporation. (Title) Notary Public County SCHEDULE "A" STANDARD INSURANCE PROVISIONS (MUNICIPALITY-Firing Range Agreement) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both,the employer must complete NYS form CE-200, available to download at: www.wcb.state.ny.us (click on Employers/Businesses, then Business Permits/Licenses/Contracts to see instruction manual). If the employer is self-insured for Worker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either Si-12, Certificate of Workers' Compensation Self-insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). (b) Employer's Liability with minimum limit of$100,000.00. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of$1,000,000.00 for bodily injury and $100,000.00 for property damage or a combined single limit of $1,000,000.00 (c.s.l.), naming the County of Westchester as an additional insured. This insurance shall indicate the following coverages: (i) Premises - Operations. (ii) Broad Form Contractual. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 per occurrence for bodily injury and a minimum limit of $100,000.00 per occurrence for property damage or a combined single limit of $1,000,000.00 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. (e) Police Professional Liability with minimum limits of $1,000,000 per occurrence. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. 2 May 12, 2015 R- 10 RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR SHARING OF THE REPOSITORY FOR INTEGRATED CRIMINALISTIC INFORMATION (RICI SYSTEM) WHEREAS, the Village of Rye Brook seeks to enter into an inter-municipal agreement to access and continually update the Westchester County Repository for Integrated Criminalistic Information (RICI System); and WHEREAS, the RICI System is a Westchester County based central computer that allows for the two-way electronic transmission and storage of data regarding criminal records and police blotter information among the Village of Rye Brook, Westchester County, the New York State Division of Criminal Justice Services (DCJS) and other law-enforcement agencies; and WHEREAS, the information collected in this system will include a subject's arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data; and WHEREAS, the duration of this agreement will commence on July 1, 2015 and terminate on June 30, 2020 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into an inter-municipal agreement with the County of Westchester for data sharing as described in the attached agreement; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all necessary documents to the County of Westchester for the purposes of entering into the subject IMA. INTER-MUNICIPAL AGREEMENT AGREEMENT, made , 20_ by and between THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601, (hereinafter referred to as the "County") and THE VILLAGE OF RYE BROOK, a municipal corporation of the State of New York, acting by and through the Village of Rye Brook Police Department, having an office and place of business at 938 King Street, Rye Brook, New York 10573. (hereinafter referred to as the "Municipality") WHEREAS, the County has implemented a system called Westchester County Repository for Integrated Criminalistic Information ("RICI System") to allow for the electronic transmission and storage of criminal record and police blotter information; and WHEREAS, the type of information that is transmitted and stored on the system includes, but is not limited to, information related to a subject's arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data; and WHEREAS, the information is stored chronologically on a central computer maintained by the County and is shared by multiple law enforcement agencies having access to the system; and WHEREAS, the Municipality is desirous of obtaining access to the RICI System and receiving supplemental computer services from the County; and WHEREAS, the County agrees to provide such services upon the terms described below. NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements herein set forth, the County and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant and agree as follows: FIRST: The County agrees: (a) To provide and maintain a computer system and related equipment that will allow for the electronic transmission and storage of records relating to a subject's arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data. The system will allow for the two-way transmission of data between the Municipality, the County, the New York State Division of Criminal Justice Services ("DCJS") and other law-enforcement agencies. (b) To maintain all parts of the RICI System under County control. The portion of the system "under County control" means the hardware or software associated with the central computer. "Maintenance" generally means support, upkeep, repair and periodic duplication or "back-up" of Municipality records in order to safeguard the data. Maintenance will be provided 24 hours per day, 365 days per year. The County will take reasonable measures to prevent or correct system trouble. "System trouble" is generally defined as the non-ability of any Municipality RICI System workstation to send or receive data from the central computer. If the County determines any system trouble to be within the portion of the system under Municipality control, or within the jurisdiction of a third party, it will make appropriate notification to the Municipality or to such third party. The portion of the system "under Municipality control" means the hardware or software contained within the Municipality computer network. The "jurisdiction of a third party" means any hardware or software that is not within that portion of the system under County control or under Municipality control. (c) To provide management control over the RICI System. "Management control" means the authority to set and enforce (1) priorities; (2) standards for the selection, supervision, and termination of personnel in its employ; and (3) policy governing the operation of computers, circuits and telecommunications terminals or equipment used to process, store, or transmit criminal justice data, and guarantees the priority service needed by the criminal justice community. Management control includes, but is not limited to, the supervision of equipment, system design, programming, and operating procedures necessary for the exchange of criminal justice data. (d) That authorized Municipality employees and authorized employees from other user law enforcement agencies may access, view or print any record contained in the RICI System relating to a subject's arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data. Access by Municipality employees is strictly for business purposes relating to an official law enforcement function or to the administration or maintenance of the system. Any data so accessed may be used or disseminated only in accordance with all applicable federal, state or local laws or applicable rules and regulations, taking into account the type of record being used or disseminated including designation as adult, juvenile delinquent, sealed or similar restricted status. (e) That all County employees having access to RICI System data have been the subject of a criminal background check for the purpose of ascertaining fitness to access criminal justice and police blotter information. The Department of Public Safety will determine the criteria to be used in ascertaining such fitness. Any person not meeting such criteria will be denied access to RICI System data. (f) That all Municipality records maintained on the RICI System are owned by the Municipality. The Municipality will enter or edit its own records and has sole responsibility for the proper designation of its records as adult, juvenile delinquent, sealed or similar restricted status. The Municipality has sole responsibility for compliance with all court processes pertaining to any Municipality record contained in the system. The County will not enter or edit Municipality records, except at the request of the Municipality or as necessary for the administration or maintenance of the system. SECOND: The Municipality agrees: (a) To provide and maintain a computer system and related equipment that will allow for the electronic capture and transmission of records relating to a subject's arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data. The system will allow for the two-way transmission of data between the Municipality, the New York State Division of Criminal Justice Services ('DCJS") and other law-enforcement agencies. (b) To maintain all parts of the RICI System under Municipality control. The portion of the system "under Municipality control" means the hardware or software associated with the Municipality computer network. The Municipality will take reasonable measures to prevent or correct system trouble. "System trouble" is generally defined as the non-ability of any Municipality RICI System workstation to send or receive data from the central computer. If the Municipality determines the trouble to be within the portion of the system under County control, or within the jurisdiction of a third party, it will make appropriate notification to the County or to such third party. The portion of the system "under County control" means the hardware or software associated with the central computer. The "jurisdiction of a third party" means any hardware or software that is not within that portion of the system under Municipality control or under County control. (c) To provide supervision and control over that portion of the RICI System under Municipality control. The term "supervision and control" generally means, but is not limited to, maintenance of security for terminals used to access RICI System data and the exercise of reasonable measures to ensure that only authorized personnel access criminal justice and police blotter information contained in the system. (d) That authorized County employees and authorized employees from other user law enforcement agencies may access, view or print any record contained in the RICI system relating to a subject's arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data. Access by County employees is strictly for business purposes relating to an official law enforcement function or to the administration or maintenance of the system. Any data so accessed may be used or disseminated only in accordance with all applicable federal, state or local laws or applicable rules and regulations, taking into account the type of record being used or disseminated including designation as adult, juvenile delinquent, sealed or similar restricted status. (e) That all Municipality employees having access to RICI System data have been the subject of a criminal background check for the purpose of ascertaining fitness to access police blotter and criminal justice information. The Department of Public Safety will determine the criteria to be used in ascertaining such fitness. Any person not meeting such criteria will be denied access to RICI System data. THIRD: The Municipality agrees (i) That except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, employees, agents and elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of this Agreement; and (ii) To provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement, unless caused by or resulting from the negligence of the County, and to bear all other costs and expenses related thereto. FOURTH: The term of this Agreement will commence July 1 , 2015 and terminate June 30, 2020, unless terminated earlier as provided herein. FIFTH: Either party may cancel this Agreement on thirty (30) days written notice to the other party. SIXTH: This Agreement shall not be enforceable unless signed by the parties and approved by the Office of the County Attorney. SEVENTH: All notices given pursuant to this agreement shall be in writing and effective on mailing. All notices shall be sent by registered or certified mail, return receipt requested or by overnight courier and mailed to the following addresses: To The County: George N. Longworth Commissioner - Sheriff of Public Safety Saw Mill River Parkway Hawthorne, New York 10532 With a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To The Municipality: Village of Rye Brook 938 King Street Rye Brook, New York 10573 or to such other addresses as may be specified by the parties hereto in writing. EIGHTH: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, comments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. NINTH: This Agreement is entered into solely between, and may be enforced only by, the County and the Municipality; and this Agreement shall not be deemed to create any rights in third parties, or to create any obligations of a Party to any such third parties. TENTH: Any delegation of duties or assignment of rights under this Agreement, without the prior express written consent of the County, is void. ELEVENTH: The Agreement shall be construed and enforced in accordance with the laws of the state of New York. IN WITNESS WHEREOF, the County and the Municipality have executed this Agreement in triplicate: COUNTY OF WESTCHESTER By: George N. Longworth Commissioner-Sheriff Department of Public Safety MUNICIPALITY By: Name: Title: Village of Rye Brook Approved by the Board of Legislators of the County of Westchester on September 10, 2012 by Act No. 2012-117. Approved by the Board of Acquisition and Contract of the County of Westchester on the 11 th day of October, 2012. Approved as to form and manner of execution: Sr. Assistant County Attorney The County of Westchester a/DPS/RICI/RICI IMA 2010.doc MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER ) On this day of 20_, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she is the of , the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she executed the same in his/her capacity, and that by his/her signature(s) on the instrument, the municipal corporation executed the instrument. Notary Public County CERTIFICATE OF AUTHORITY (Municipality) I, , (Officer other than officer signing contract) certify that I am the of the (Title) (Name of Municipality) (the "Municipality"), a corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law) named in the foregoing agreement; that , (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution of the Municipality, and that said (Title of such person), agreement was duly signed for and on behalf of said Municipality by authority of its , thereunto duly authorized and (Town Board, Village Board, City Council) that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On this day of 20_, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the above certificate and acknowledged to me that he/she executed the above certificate in his/her capacity as of , (Title) (Municipality) the municipal corporation described in and which executed the within instrument. Notary Public County SCHEDULE "B" STANDARD INSURANCE PROVISIONS (MUNICIPALITY) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage(if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers'Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County,New York." Where an applicant claims to not be required to carry either a Workers'Compensation Policy or Disability Benefits Policy,or both,the employer must complete NYS form CE-200,available to download at: www.wcb.state.ny.us (click on Employers/Businesses,then Business Permits/Licenses/Contracts to see instruction manual). If the employer is self-insured for Worker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance, or GST-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). (b) Employer's Liability with minimum limit of$100,000.00. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 for bodily injury and $100,000.00 for property damage or a combined single limit of $1,000,000.00 (c.s.l.), naming the County of Westchester as an additional insured. This insurance shall indicate the following coverages: (i) Premises -Operations. (ii) Broad Form Contractual. (d) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000.00 per occurrence for bodily injury and a minimum limit of $100,000.00 per occurrence for property damage or a combined single limit of $1,000,000.00 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance polices shall be assumed by and be for the account of,and at the sole risk of,the Municipality. 2 May 12, 2015 R-11 RESOLUTION CONSIDERING ENTERING INTO AN AGREEMENT WITH THE CARVER CENTER FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT WHEREAS, the Village of Rye Brook Recreation Department desires to enter an agreement for the use of certain pool and related facilities at the Carver Center to support the Rye Brook day camp; and WHEREAS, in exchange for the use of the Carver Center pool and related facilities at no cost to the village except for the cost for a Lifeguard and Water Safety Instructor, the Carver Center will have use of Garibaldi Park for seven (7) weeks over the summer from Monday through Friday,from 8:00 A.M.to 1:00 P.M.to hold a sports camp. NOW,THEREFORE BE IT RESOLVED,that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate for the execution of said use agreement to permit use of the Carver Center pool for the Rye Brook day camp,and to allow the use of Garibaldi Park for seven(7)weeks in the mornings for the use of the Carver Center sports camp. AGREEMENT BETWEEN THE PORT CHESTER CARVER CENTER AND RYE BROOK RECREATION This agreement is made the_1_day of May 2015 between the Port Chester Carver Center, as a not for profit agency with offices at 400 Westchester Avenue, Port Chester,NY 10573 and Rye Brook Recreation. The Carver Center agrees to provide the use of its pool for use by the participants for open swim between the hours of 9:30am- 11:30am on the following dates: 07/06, 07/07,07/08, 07/10, 07/13, 07/14, 07/15, 07/17, 07/20, 07/21, 07/22, 07/24, 07/27, 07/28, 07/29, 07/31, 08/03, 08/04, 08/05, 08/07, 08/10, 08/11, 08/12, 08/13 Cost will be based on the following service rendered: LIFEGUARD TIME 1 Lifeguard/20 participants $17/hr Cas Red to red line, Blue to 5ft dee Green Entire ool Rye Brook Recreation, during the term of the agreement, shall at his own expense, take out and maintain liability insurance on and in connection with the use of the premises in an amount no less than $2,000,000 per occurrence with the Port Chester Carver Center named as an additional insured. In addition Rye Brook Recreation at his own expense shall take out and maintain the following insurance under the conditions set forth in the preceding sentence: umbrella liability in the amount of$2,000,000 and workers compensation insurance as required by law. Such policies shall provide that they cannot be cancelled or terminated without thirty days prior written notice to Carver Center and same shall be primary and non-contributing with insurance carried by the Carver Center. A certificate of such insurance shall be forwarded to the Carver Center on or prior to any use and occupancy of the facilities granted under this agreement Rye Brook Recreation shall inform its insurance carrier of its obligations under this agreement and include such obligations in its insurance coverage. Failure to provide evidence of this coverage and maintain the required coverage thought out the durations of this agreement shall constitute a default under this agreement. The Carver Center shall Rye Brook Recreation written notice of this default and the Rye Brook Recreation shall thereafter have ten (10) days to cure and default or the Carver Center shall have the right to terminate this agreement. Rve Brook Recreation hereby agrees to save and hold harmless the Carver Center from any and all injuries or claims for damages suffered by any person arising out of any act, neglect or omission on the part of Eve Brook Recreation, his agents, employees or servants in connection with the demised premises or arising out of the same matter covered by the insurance specified therein or not and Rye Brook Recreation shall indemnify and hold 1 harmless the Carver Center, its agents or assigns or employees from any and all suits, claims, losses, damages, expenses and legal suits, including reasonable attorney's fees and litigation costs of Rye Brook Recreation by virtue of using the lease premises. The Carver Center's negligence and willful acts are exempt from the indemnification. The following are additional requirements to be met by Rye Brook Recreation: The public liability insurance required of Rye Brook Recreation shall be comprehensive general public liability insurance and shall insure against any and all liability for injury to or death of a person or persons and or damage to property occasioned by or arising out of or in connection with the use or occupancy of the demised premises. The said insurance shall cover and relate not only to the Rye Brook Recreation's use of the premises, but also to other Carver Center property in or about the building in which the premises are located. Cancellation: In the event that either party needs to cancel any of the times listed above, they shall notify the other party with a 48 hour notice. If not done so by the lessee, the Carver Center will be compensated for the time. Agreed, thereto Phil u mo, Direc f Operations Port ester Carver Center, Inc. Agent Rye Brook Recreation Tax ID# 2 �yE R �t v iT� L��u+uYiJ VILLAGE OF RYE BROOK MAYOR 938 King Street,Rye Brook,N.Y. 10573 ADMINISTRATOR Paul S.Rosenberg (914)939-3235 Fax(914)937-7438 Christopher J. Bradbury www.ryebrook.org TRUSTEES Susan R.Epstein PARKS AND RECREATION David M.Heiser SUPERINTENDENT Jason A.Klein Robert Bertolacci Jeffrey B.Rednick FACILITY/FIELD PERMIT NAME Port Chester Carver Center Tel.# 914-305-6026 ADDRESS 400 Westchester Avenue CITY Port Chester STATE NY EMAIL ADDRESS pmutino@carvercenter.org BRIEF DESCRIPTION Use of Garibaldi Park during the morning hours LOCATION Garabaldi Park Week of July 6th through(Wednesday's 2pm-4pm) DATE Week of 20th TIME 9am-12pm RAIN DATE N/A TIME N/A ATHLETIC FIELD USE FOR PINE RIDGE PARK, GARIBALDI PARK AND KING STREET FIELDS: RESIDENT: RYE BROOK ATHLETIC FIELD $62.50/hr. Minimum.2 hrs Addl. $50 per hr. NON-RESIDENT RYE BROOK ATHLETIC FIELD $125.00/hr. Minimum 2 hrs Addl. $100 per hr. RESIDENT: NON-TURF ATHLETIC FIELD $ 50.00/hr. Minimum 2 hrs Addl. $25per hr. NON-RESIDENT: NON-TURF ATHLETIC FIELD $100.00hr. Minimum 2hrs Addl. $50 per hr. RYE HILLS PARK $50.00 2 HOURS I agree to hereby release the Village of Rye Brook,their servants and employees from any liability for personal injuries or property damage sustained during practice session or a special event supervised by myself and or representative. TODAY'S DATE 5/4/2015 SIGNA PERMIT IS GRANTED FOR THE ABOVE LISTED TIME AND TE. STIPULATIONS: Robert Bertolacci,Parks and Recreation Superintendent May 12, 2015 R-12 RESOLUTION CONSIDERING THE APPROVAL OF MINUTES: APRIL 14, 2015 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby certifies the approval of the minutes for the meeting held on April 14, 2015.