CITY OF RYE CITY HALL RYE, NEW YORK I 0580 TELEPHONE

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1 CITY OF RYE CITY HALL RYE, NEW YORK I 0580 TELEPHONE October 24, 2016 Eli Ebaum, Esq. Government Relations Counsel Crown Castle th Avenue, College Point, NY Esme A. Lombard National Real Estate-Contractor CIO Crown Castle th Avenue, College Point, NY Re: Thirty Day Response Letter Dear Ms. Lombard: The City of Rye ("City") is in receipt of your letter to Ryan Coyne, P.E. requesting the City's comments regarding this "alternate proposal" that Crown Castle ("Crown") submitted to the City on October 5, 2016 (the "October 5th Proposal") regarding the new deployment of 64 telephone top nodes (the "Nodes"). The October 5th Proposal eliminates the previously requested two additional pole sets and any ground disturbance associated with the new utility runs. I have spoken with the City staff regarding your October 5th Proposal and without waiving the sufficiency of the City's prior objections, the City has the following comments and questions: 30-Day Provision As an initial point, the City believes that Crown misreads the 2011 Right-of-Way Use Agreement (the "2011 RUA"). The City's position is that the 30-day provision relates solely to "obtaining required permits" and that we have 30 days from when you propose an installation that has otherwise been approved by the City to identify whether a permit will be required before physical installation. Importantly, the City does not believe that the 30-day notice applies to the City's right to "reasonable review prior to approval" and Crown's obligation to attach the proposed Nodes to Municipal Facilities.

2 With respect to permits themselves, the following permits/approvals are required even assuming that Chapter 196 and Chapter 197 do not apply. 1) Under Rye City Code Chapter 167, a permit may be required depending on what is being proposed. If all work involves aerial plant, and no excavation, digging or street opening of any kind is required in connection either with your facilities, modifications to structures to which the facilities will be attached, or installation of any equipment that will connect with your facilities (whether that involves additional fiber, power supplies, or something else) permits prior to construction are not required, but you are subject to requirements for post-construction inspection, as well as provisions governing traffic control. The City Engineer will need plans of any excavation work that Crown would be proposing (whether by it or for it) before all the necessary permits could be identified. 2) Each new location and proposed design will need to be reviewed and approved by the Board of Architectural Review You have not attempted to obtain approvals under Chapter 196 or 197, and so have not complied with any steps necessary to obtain approvals under those sections. To the extent you read Section 5 more broadly, we do object to the installation of the facilities, for reasons we've identified previously, and in particular in light of the following. SEQ RA At this time, the City Council, as lead agency, is still evaluating both the original application and this October 4th Proposal under SEQRA. Although the Council has not acted on either proposal, both of them are considerably different in potential impact to the City of Rye as compared to the actions taken under the 2011 RUA. Importantly, the City Council cannot take a position under SEQ RA until it is clear from Crown what you plan to install and if it complies with Exhibit A to the 2011 RUA. The City needs to know where on the proposed poles Crown is proposing to locate the Node, the specific type of equipment and where the antennae placement will be. We appreciate that you submitted a significant volume of material to the City yesterday, and we also understand from your statements that more materials and photosimulations will be forthcoming. But in any event, until the SEQRA analysis and any studies that may be required are completed, construction canot proceed. Municipal Facilities Crown states in Footnote 1 that it did not identify any City owned structures in the right of way that it could realistically use. However, the City does not know what Crown's standards are in terms of height, distance from other nodes, etc. when it evaluates possible locations. Please provide the City with the information you use to assess a proposed location so that we can provide possible sites based on Crown's criteria. This may help us focus on areas we should be examining and ensure that relevant alematives are identified. Based on the information the City has and

3 without knowing what Crown's physical location needs are, other municipal facilities in the Public Way that Crown should consider include, but are not limited to, the following locations: 1) Approximately 20 City owned traffic lights along City owned and maintained roadways (Boston Post Road, Purchase Street, Locust A venue, Peck A venue, Oakland Beach Avenue, Osborn). A list of City owned traffic lights is annexed hereto as Exhibit l.; 2) Light poles in the following parking areas: (See Exhibit 2 - map); 3) Rye Town Park Pavilion 1 area - light poles along the walkway; 4) Boat Basin parking lot areas/outside boat storage area; light pole and flag pole within City parking area; 5) Haviland - poles along Village Green; 6) Poles across from Greenwood Cemetery. There may be Public Ways within the Rye Golf Club and the Rye Recreation/Damiano Center that could be useable. PLEASE TAKE NOTICE, that the City does object to Crown placing any additional equipment on the existing utility poles pursuant to your October 5th Proposal. In addition, contrary to your letter, we believe that Crown has had notice of objections to the proposed plan. The City will treat the October 5th Proposal as a new submission, triggering a new 30-day timeline... If Crown does decide to install any Nodes without prior approval, the City will consider you in breach of the 2011 RUA and require removal of the facilities or take other steps to assert our rights. Sincerely, ~~ Marcus Serrano City Manager Cc: Ryan Coyne, P.E. Christopher Fisher, Esq. Joseph Van Eaton, Esq. Kristen Wilson, Esq. Crown would need to seek approval from Rye Town Park Commission for any facility located within Rye Town Park.

4 EXHIBIT 1

5 City of Rye Owned Traffic Signals Boston Post Rd. & Oakland Beach Ave. & Osborn Road Boston Post Road & Old Post Road Boston Post Rd. & Purchase St. Boston Post Rd. & Purdy Ave. Boston Post Road & Peck Avenue Boston Post Rd. & Cedar St. Theo. Frremd & Playland Access Theo. Fremd & North SL Theo. Fremd & Central Ave. Theo. Fremd & Locust Ave. Theo. Fremd & Elm Pl. Theo. Fremd & Purchase St. Purchase St. & Highland & Cedar St. Purchase & Ridge Sts. Ridge St. & High St. Midland Ave. & Apawamis Ave. Midland & Grace Church Street & Manursing Ave. Midland Ave. & Peck Ave. Forest Ave. & Grace Church St. Milton Rd. & Oakland Beach Ave.

6 EXHIBIT2

7 City of Rye, New York ea o eo 120 1eo a&a 300 <l20 Fell ~ N