WHEREAS, Up State Tower Co. LLC (“Up State”), in conjunction with Buffalo-Lake Erie Wireless Systems (“Blue Wireless”), submitted a special use permit application dated October 17, 2016 (the “Application”) to the Town of Cheektowaga (“Town”) for approval to construct and operate a public utility wireless telecommunications tower on the property located at 294 N. Seine Drive, Cheektowaga, New York, which is further identified as tax map number 125.07-14-34; and
WHEREAS, on November 18, 2009, the Federal Communications Commission (“FCC”) issued a ruling requiring that a reviewing authority (i.e., the Town) has 150 days from the date of application for a new tower to render a decision on the application (see FCC Declaratory Ruling, 24 FCC rcd. 13994, 14006 (¶ 45) (2009); and
WHEREAS, Up State and the Town acknowledge that the 150 day period within which the Town was required to complete its review of the Application and issue a determination was previously extended until June 20, 2017; and
WHEREAS, to provide Up State and Blue Wireless an opportunity to evaluate various alternate site proposals presented by the Town on May 30, 2017 concerning the location of a wireless telecommunications facility(ies) in the Town, the parties executed an agreement (“Agreement”), dated June 22, 2017, under which the parties extended the applicable review period until July 25, 2017; and
WHEREAS, Up State and the Town continue to discuss alternate site proposals, the pursuit of which will require the execution of a lease agreement with and the receipt of zoning approval from the Town for each site; and
WHEREAS, the parties acknowledge and agree that additional time is required to complete the lease and zoning processes for each alternate site agreed to by the parties, and the parties therefore wish to further extend the applicable review period until December 1, 2017; and BE IT FURTHER
RESOLVED, that subject to review and approval by the Town Attorney the Supervisor be and hereby is directed and authorized to execute the agreement for additional time.