Zoning Board Meeting
Zoning Attachment 2026.04.14

Supplement

April 14, 2026 · 9 min read · extracted text · View original

NIXON PEABODY

March 31, 2026

VIA FEDERAL EXPRESS AND EMAIL

Planning Board

Town of Webster

1000 Ridge Rd

Webster, NY 14580

ATTN

Josh Artuso, Director of Community Planning & Development

RE

Bell Atlantic Mobile Systems, LLC d/b/a Verizon’s application (the ““Application”) to the Town of Webster (the “Town”) for site plan approval, special permit approval, and an area variance to construct and operate a 125’ wireless telecommunications facility (with 4’ lightning rod) on property located near the intersection of Lake Road and Monroe-Wayne County Line Road (Tax Parcel No. 037.03-1-44) in the Town of Webster, Monroe County, New York (Verizon Wireless’ “Lake Road” site)

Dear Members of the Planning Board:

At the March 3, 2026 Planning Board meeting on the above-referenced matter, Verizon Wireless reviewed the specifics of the proposed project, including the proposed location, alternative site selection analysis, the technologically feasible search area, and related issues.

After review, the Planning Board expressed a preference to have the facility placed at one of two different locations on the current Landlord’s property, identified on Exhibit S' as “Candidate H” and “Candidate I.”

Although Verizon Wireless engaged in extension negotiations with the Landlord for permission for any other location on Landlord’s property, including the two identified by the Planning Board, the Landlord was adamant that it would not allow any locations other than the proposed site, for the reasons set forth in Landlord’s letter attached as Exhibit T.

As stated at the hearing, Verizon Wireless is indifferent as to where the facility is located (provided, consistent with applicable Federal and State law, that it works from a technical standpoint, without unreasonable cost or unreasonable delay, and is otherwise available); but

Lettering of exhibits follows the sequence from the January 12, 2026 Application and February 26, 2026 Supplemental Application

Candidate lettering follows the sequence of lettering of candidates in the Site Selection Analysis (Exhibit G).

1906-5399-6| 86.2

Town of Webster March 31, 2026 Page 2

Verizon Wireless cannot force the Landlord to lease a different spot, even though Verizon Wireless made a vigorous, good faith effort to do so.

We also note that Candidate H fails for RF reasons, primarily due to interference with the next cell to the west.

Candidate I fails for RF reasons as well, primarily because antennae uptilt would cause interference with Canadian bands, and would fail to cover near-lake objectives.

Additionally, in an effort to confirm whether there might be flexibility for any other possible sites to propose to the Planning Board just outside the search area. Verizon Wireless asked the RF engineer to further review whether there was any reasonable ability to solve the coverage needs from this facility with any properties just beyond the search ring. He again analyzed the search area against the technological limitations and network needs, and confirmed the accuracy of the search area, all set forth in the letter attached as Exhibit U.

For these reasons, Verizon Wireless has been unable to offer an alternative to the proposed site. Verizon Wireless asks the Planning Board to please revisit Exhibit K of the application (photosimulations), and/or visit the proposed site to note that the existing foliage and existing telephone lines, and other elements that make the proposed site an appropriate or acceptable location from a land use standpoint.

Should you have any questions or require additional information, please do not hesitate to contact me.

Sincerely,

Robert W. Burgdorf RWB/mkv Enclosure 6x; Kathy Pomponio, Verizon Tim Zarneke, Verizon Nico Facey, Network Building + Consulting Laura Smith, Esq., Nixon Peabody LLP Frank Ciardi, Esq., Planning Board Attorney

4906-5399-6 186 2

EXHIBITS

—oe TN, PEN

VZZ4A Federal Wetlands | 100 Year Floods 2) 100 Yr Floods [—] Monroe Co Parcels Tax Map 60119 —— Tax Map 61119

EXHIBIT T

FARMS Ontario, New York

Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless

One Verizon Way

Mail Stop 4AW100

Basking Ridge, NJ 07920

To Whom it May Concern,

My name is Thomas Coene and I, along with my father David Coene, own and operate: Windmill Farms, LLC. Our fifth-generation commercial apple farm business has been operating in both Webster and Ontario, New York for 110 years, still encompassing the same land on which our ancestors began farming many generations ago. This letter should serve to state that the current proposed location of the Verizon communications project on the parcel owned by our company at the corner of Lake and County Line Roads is the only parcel our company has available to lease to Verizon. At this time, we cannot accommodate the new locations for construction discussed at the meeting of the ‘own of Webster Planning Board on March 3, 2026 by Chairman Anthony Casciani, being located further back on the same farm property, or on another parcel across County Line Road in the Town of Ontario. The following commentary wil! outline our reasoning.

All of our productive farm acres are currently enrolled in a Conservation Stewardship Program through USDA Natural Resource Conservation Service. The program contract includes our delivery of several environmental conservation practices on the enrolled acres through the end of 2029. As per the contract, enrolled acres cannot be taken out of these practices during the contract period. The locations discussed by Chairman Casciani for project relocation, both on the Webster and Ontario parcels, would disturb land currently enrolled under our contract and we are thus not able to accommodate these locations. The comer parcel on which the project was

originally proposed is not covered under this contract and is the only suitable parcel on our property for project location.

Chairman Casciani also mentioned his desire to locate the project “back in the woods” on the back portion of the Webster property. This proposition is also problematic. Starting in 2023, Windmill Farms began partnering with Keurig-Dr.Pepper (KDP), a customer of ours and proprietor of the Mott’s brand of juices and applesauce on an environmental project focused on pollinator protection in and around our orchards. Beginning in 2026, our operation will also partner with KDP and The Xerces Society for Invertebrate Conservation on a forestry » management project also aimed at pollinator protection. The woodlot on the west-central portion of the Webster property will be enrolled in this project and management of this forest will begin under the program; thus, any disturbance of the area will be prohibited under program guidelines. This once again highlights the original corner parcel as the only location we can offer for project construction.

Finally, location of the tower on active farm property will create operational inefficiency. A commercial apple farm is a very busy place to work and live. People, equipment, and harvested produce all need to be able to move about the property in a safe, efficient, and timely manner. Construction and maintenance activities of the communications infrastructure in the middle of a working orchard will inevitably delay the timely movement of operations related to apple production. Business operations in the orchards near the project would have to take place around the schedule of Verizon and its contractors, and many of our activities cannot wait due to weather conditions. The site of the original proposal is on land outside our orchard operations and is the only location on our farm which prevents interruptions to our everyday business activities.

We would be happy to discuss any of these points with you further. We hope that we can come to a solution with you, and the Town of Webster that includes construction of the project on the originally proposed site.

Respectfully,

Member, Windmill Farms, LLC

EXHIBIT U

verizon

March 26, 2026

Re

LAKE ROAD macro site, Webster, NY, zoning application. To Kathy Pomponio:

You have asked me to re-analyze the technologically feasible search area for the Lake Rd. cell site to determine if there is any flexibility to expand the boundaries of the search ring in any direction.

A second review by the RF Engineering Department confirmed that the search area is accurate, and any material deviation from it would pose network failure problems as follows:

To the north

Getting closer to the lake exposes the network to interfering with the Canadian broadcasts, and there is no efficient or reasonable design mitigation solution.

To the south

Moving to the south would prevent adequate coverage in the lake areas that are part of this cell, and any design mitigation to relieve this problem (ie antennae uptilt) would cause impermissible interference with Canadian Broadcasts.

To the west

Moving to the West would start to cause interference with the cell to the West, as the network has a site relatively close to the west.

To the east

Moving east impermissibly reduces intended coverage to the cell boundaries to the West, and moves coverage to unintended areas to the east with coverage objectives that are not part of this cell (fewer homes, users and roads).

Given the density of the network in this region, flexibility is further limited as to location. Additional challenges include the lake to the north and interference prohibitions with Canada, geographical considerations, and network design limitations. As such, a site in or extremely close to the search area is necessary in order to solve the coverage needs for the cell and to provide adequate wireless service to emergency services, businesses, and individuals in this area..

Yours sincerely,

Tim Zarneke Sr RF Design Engineer

End of document