HomeMy WebLinkAbout20230439 233 Lake Verizon Antenna Statement of Intent 1
DESIGN REVIEW BOARD and PLANNING BOARD
CITY OF SARATOGA SPRINGS
SARATOGA COUNTY, NEW YORK
In the Matter of the Application of
___________________________________________________________________
CELLCO PARTNERSHIP d/b/a Verizon Wireless
Premises: Lands n/f of Neumann Building, LLC
233 Lake Avenue, Saratoga Springs, New York 12866
Section 166, Block 4, Lot 22.1
___________________________________________________________________
STATEMENT OF INTENT
APPLICATION FOR ARCHITECTURAL REVIEW
and SPECIAL USE PERMIT
I. Introduction
CELLCO PARTNERSHIP d/b/a Verizon Wireless ("Verizon Wireless" or the "Applicant")
proposes the construction of an unmanned public utility/personal wireless service facility (a
"communications facility"), located on the rooftop of an existing multiple story building owned
by Neumann Building, LLC. The premises is located at 233 Lake Avenue in the City of Saratoga
Springs, Saratoga County, New York (Tax Map Parcel No. 166-4-22.1), and is located in the Urban
Residential-1 (UR-1) Zoning District (the project is referred to herein as the “Oklahoma Track
Communications Facility”) [TABS 1, 2 and 10]
Verizon Wireless is considered a public utility for land use purposes under New York
decisional law (Cellular Telephone Company v. Rosenberg, 82 N.Y.2d 364 [1993]) [TAB 3], and a
provider of “personal wireless services” under the federal Telecommunications Act of 1996 (the
“TCA”) [TAB 4]. Verizon Wireless’ equipment will be in operation twenty-four (24) hours a day,
seven (7) days a week, three hundred sixty-five (365) days a year. Copies of the applicable Verizon
Wireless FCC licenses are included herewith [TAB 5].
Pursuant to the City of Saratoga Springs Unified Development Ordinance (hereinafter,
the “Zoning Ordinance”) this project requires Architectural Review by the Design Review Board
and issuance of a Special Use Permit by the Planning Board (§ 240-8.4DDDDD(2)(b)(ii)(placement
on an existing structure)). Given that all of the improvements are on the roof, a waiver of Site
Plan Review is requested pursuant to Zoning Ordinance § 240-13.5(C)(3)(a)(special uses require
site plan review unless waived by the Planning Board).
To the extent any variance relief is required for this project, this State’s highest Court
determined in Rosenberg that the ordinary variance standard is inapplicable and a cellular
telephone company applying for relief need only show that (1) the relief is “required to render
safe and adequate service,” and (2) there are “compelling reasons, economic or otherwise,” for
needing the variance. Cellular Telephone Company v. Rosenberg, 82 N.Y.2d 364, 372 (1993).
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II. Purpose of Oklahoma Track Facility
The purpose of the Oklahoma Track communications facility is to provide an adequate
and safe level of emergency and non-emergency Verizon Wireless communications services east
of downtown Saratoga Springs. More specifically, the facility will offer significant improvements
in both capacity (ability for the network to adequately satisfy the demand for high speed wireless
services) and in-building coverage generally between NY State Route 50 to the north, I-87 to the
east, Saratoga Race Course and Oklahoma Track area to the south, and East Avenue to the west
(including dense residential development, residences of The Grove luxury apartments, East Side
Recreational Park, and many businesses, parking and stable areas at and surrounding the
Saratoga Race Course and Oklahoma Training Track), thus supplying necessary capacity relief to
the downtown Saratoga Springs sites currently serving the eastern area of the City.
The coverage currently in this area of Saratoga Springs originates from Verizon Wireless’
existing wireless telecommunications facilities called “Loughberry Lake” (located 1.4± miles
northeast on the stealth “monopine” behind the Synagogue at 84 Weibel Ave), “Saratoga Gaming
and Raceway” (located 1.4± miles south on the stealth lookout tower behind the Saratoga Casino
Hotel), “Saratoga II” (located 1.2± miles west on the rooftop of 10 Railroad Place), and “Skidmore
Campus” (located 1.4± miles northwest on the Jonsson Tower building at Skidmore College).
Note that there are several small cell facilities and an Outdoor Distributed Antenna System
(“ODAS”) along Union Ave near the Saratoga Race Course, but these facilities are low-powered
radio units on utility poles and buildings that cover small geographic areas generally within 1,000
feet of each facility. All other Verizon Wireless facilities are too far away and/or are blocked by
surrounding terrain and vegetative clutter to provide reliable service to this specific area of
Saratoga Springs.
Accordingly, construction of a new, locally-based communications facility is required to
provide a dominant (i.e., continuous) level of advanced communications service to this area. See,
Site Selection Analysis prepared by Verizon Wireless’ Radio Frequency (RF) Engineer and Site
Acquisition Specialist, detailing the purpose and need for this facility [TAB 6]. This project is
part of a multi-million-dollar comprehensive upgrade of the Verizon Wireless network in
Saratoga County, and serves as a suitable platform for future advanced wireless services
expansion at the proposed site and deeper into the town’s communities and commercial areas.
III. Description of Land Use
Verizon Wireless proposes to collocate a new communications facility on the rooftop of
The Grove, 233 Lake Avenue, owned by Neumann Building, LLC. The new communications
facility will consist of the following general components:
• Nine (9) panel antennas and appurtenances mounted on proposed antenna sector
frames, with antenna centerlines of approximately 51’ and 54’ AGL;
• 9’-4” x 14’ telecommunications equipment platform located on the roof;
• Cabling connecting the antennas to the telecommunications equipment and associated
utility service connections.
The total project area is a minimal portion of the existing building’s roof, which is located
on an 11.27-acre parcel. The proposed lease areas on the roof and proposed improvements are
detailed in the Zoning Drawings at TAB 10. The proposed communications facility is unmanned,
and will be visited for routine maintenance purposes approximately 1 – 3 times per year (only as
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needed). As such, the project will not have any impact on existing water and sewage services. In
addition, neither pedestrian nor vehicular access to the premises will be impacted [see Zoning
Drawings at TAB 10].
IV. Compliance with City Requirements
The proposed communications facility complies in all material respects with City
requirements:
1. Site Plan: The Applicant has provided a Zoning Site Plan that identifies the
proposed improvements, details the leased area, and notes the surrounding
property owners and existing setbacks. [TAB 10].
2. Minimal Visual Impact: As noted above, Verizon Wireless’ facilities are designed
to have a minimum possible visual effect on the surrounding community and
neighborhood. Based on the location of the antennas at the rear of the building on
a lot largely surrounded by trees, there will be little to no visual impact on the
surrounding community with the only view limited to a small location at the
extreme rear of the St. Clement’s Church parcel [TABS 9 and 10].
3. Fencing: The proposed antennas and associated platform equipment will be
located on the roof and inaccessible to the general public. Therefore, no fencing is
proposed for this facility.
4. Noise Comparison Letter: The Applicant is not proposing to install a generator
and therefore no noise comparison letter is being submitted.
5. Structural Analysis: The Applicant has submitted a certification with
documentation showing that the rooftop proposed for use in this project is
structurally sound for this purpose [TAB 8].
6. Right to Proceed: The Applicant has provided proof of its right to proceed as
proposed on this site, specifically, the property owner has signed the required
Saratoga Springs forms and a redacted copy of the lease agreement is attached at
TAB 2.
7. Notice of Discontinuance and Removal: Verizon Wireless will notify the Zoning
Officer within 30 days of the discontinuance of the approved telecommunications
facility, and agrees that all equipment will be removed from the site within four
(4) months of the date of discontinued use.
8. Collocation Consideration: This application is for the collocation of a
telecommunications facility on an existing structure and not for a new tower.
9. Non-Interference Certification: A Non-Interference Certification prepared by
Verizon Wireless’ in-house RF Engineer is attached to these materials as TAB 11.
10. FCC Licenses: Copies of Verizon Wireless’ FCC Licenses are attached to this
application as TAB 5.
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V. Compliance with Special Use Permit Standards
The special use permit criteria are located at Zoning Ordinance § 13.4(E) and require the
Planning Board‘s evaluation to include the following:
1. The special use in the specific location proposed is consistent with the Comprehensive
Plan and associated adopted land use policies, and the purpose and intent of this
Ordinance. Wireless telecommunications facilities that function well and provide the
required connectivity and data speeds are a preeminent concern for traveling tourists and
business persons. The failure to properly plan for and deploy wireless telecommunications
facilities will serve to detract from the City’s ability to attract and host the desired visitors as
the ability to maintain communications during business and leisure time activities continues
to be a preeminent concern of those who travel.
The use of technologies is ever-changing and growing, and the smart phone network must
function appropriately to have the necessary coverage, capacity and data speeds. To keep
pace with these developments Verizon Wireless must continually evaluate and upgrade its
network to meet existing and emerging demands. The proposed site is in an identified area
that requires improved coverage and capacity.
To ensure the adequate provision of emergency services, a key component is access to the 911
system. More than 55% of households have only a mobile phone for voice calls. According to
the National Emergency Number Association over 80% of 911 calls originate from mobile
phones. Given these statistics, the importance of a robust telecommunications network that is
able to handle the needs of the residents of the City is of utmost importance.
2. The proposed special use will not endanger the public health, safety, or welfare. The
Applicant has submitted a site that is substantially invisible to the public at large, makes no
noise and creates no traffic. In addition, the Applicant has submitted an RF Safety Analysis
identifying full compliance with FC standards.
3. The density, intensity and compatibility of the use with the neighborhood and community
character. The project is a small portion of the overall roof area of an existing building. The
Verizon Wireless lease area is minimal compared to the significant footprint of the existing
building. The use is not intense by any standard measure. After a short construction period,
the facility is unmanned. It emits no noise, has no light, requires no visitors, creates no
schoolchildren, demands no municipal services, and is generally invisible to the neighboring
community. However, it does provide a valuable public service/utility service by
maintaining the coverage and capacity of the Verizon Wireless telecommunications network
which is an important public safety component and business necessity in a vibrant
community.
4. Safe and efficient pedestrian and vehicular access, circulation and parking. There is no
impact on these concerns.
5. Existing and future demand on infrastructure, public facilities and services. The proposal
will not cause or increase demand on existing services. It is proposed in response to existing
demand.
6. The environmental and natural resources of the site and neighboring lands including any
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potential erosion, flooding or excessive light, noise, vibration and the like. There will be
minor noise typical of construction projects during the construction phase and otherwise
there is no noise associated with the ongoing operation of the facility. Similarly, there is no
vibration caused by the construction or operation of the site.
Based upon the foregoing, Verizon Wireless respectfully submits that approval is
appropriate in this case. In addition, Verizon Wireless notes the following:
Public Necessity
As noted above and in TABS 3 and 4, Verizon Wireless is recognized as a public utility
under New York law and a provider of personal wireless services under the federal
Telecommunications Act of 1996. This project is a public necessity in that it is required to render
adequate and safe hand-held telephone service (mobile and in-building) to the eastern portion of
the City of Saratoga Springs.
Location on the existing building will enable Verizon Wireless to address a significant
gap in wireless services east of the downtown Saratoga Springs area. This proposed facility will
enhance public health, safety, welfare and convenience by providing the residents, businesses
and visitors with efficient, state-of-the-art communications services police, fire and other
emergency or non-emergency use. This, combined with the federal mandate to expeditiously
deploy advanced wireless services across the nation and Verizon Wireless’ FCC licenses to
provide such services in the City of Saratoga Springs, demonstrates that Verizon Wireless’ facility
is a public necessity. Without the construction of the communications facility proposed, the
public would be deprived of an essential means of communication, which, in turn, would
jeopardize the safety and welfare of the community and traveling public.
Compelling Reasons for Approval
As is demonstrated by the Applicant’s Site Selection Analysis, there are significant gaps
in Verizon Wireless network coverage (mobile and in-building) in downtown Saratoga Springs,
and the area within which Verizon Wireless can locate its facility and provide adequate and safe
service to this area is severely constrained due to a number of factors including dense urban
development, substantial mature vegetation and terrain in the vicinity, and the location of
Verizon Wireless’ surrounding facilities. The Applicant’s Radio Frequency (RF) Design Engineer
has also demonstrated that by locating wireless antennas on the building rooftop at the height
proposed, Verizon Wireless can provide an adequate and safe level of service to this area.
Location on the existing building rooftop is consistent with the objective of siting new
communications facilities on existing towers or other tall structures where feasible. Verizon
Wireless’ equipment will be located on a rooftop area that is well-suited for telecommunications
use. In this context, the communications facility proposed has been sited to have the least practical
adverse visual effect on the environment, and any resultant visual impact is minimal in nature
and scope.
As noted above, the Applicant has proposed a facility that will enable Verizon Wireless
to provide adequate and safe coverage to an important area of the City of Saratoga Springs, in
accordance with its FCC licenses. In this regard, the proposed communications facility will not
give rise to an undue visual impact.
In sum, approval of the Oklahoma Track Communications Facility will enable Verizon
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Wireless to provide an adequate and safe level of hand-held wireless telephone service to the
downtown Saratoga Springs area in the eastern portion of the City, within the confines of
applicable technological limitations and all land use requirements. The communications facility
will benefit, and will not be detrimental to, the public health, safety, morals and welfare. Given
the small degree of potential visual impact and site-specific design measures discussed above,
this project will not be injurious to the use and enjoyment of other property in the immediate
vicinity.
V. Conclusion
Approval of this project will enable Verizon Wireless to continue to provide an adequate
and safe level of hand-held wireless telephone service to a busy area of the City of Saratoga
Springs, within the confines of applicable technological limitations and in compliance with all
applicable land use requirements. Such approval will also be in the public interest, in that it will
allow Verizon Wireless to comply with its statutory mandate to build out and operate its network
and provide local businesses, residents and public service entities with safe and reliable wireless
communications services. For the reasons set forth herein, Verizon Wireless respectfully submits
that this project complies in all material respects with the requirements of the City’s land use laws
and any potential impact on the community created by approval of this project will be minimal
and of no significant adverse effect.
Attached to this Application and Statement of Intent are the following:
1) Short Environmental Assessment Form (“Short EAF”) prepared by Tectonic
Engineering & Surveying Consultants P.C.;
2) Redacted, partially executed Memorandum of Building and Rooftop Lease
Agreement between Neumann Building, LLC and Cellco Partnership d/b/a
Verizon Wireless;
3) Documentation of Public Utility Status and Overview of the Rosenberg Decision;
4) Overview of Telecommunications Act of 1996;
5) Copies of Verizon Wireless’ FCC Licenses for the Saratoga County area;
6) Site Selection Analysis and Radio Frequency (RF) Engineering Coverage Plots
prepared by the Verizon Wireless Network Engineering Department and Site
Acquisition Specialist;
7) RF Safety FCC Compliance Report prepared by Centerline Communications;
8) Structural Design Letter prepared by Tectonic Engineering;
9) Standard Visual EAF Addendum with Photographic Simulations prepared by
Tectonic Engineering;
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10) Zoning Site Plan Drawings prepared by Tectonic Engineering; and
11) Non-Interference Letter prepared by VZW RF Engineer.
Kindly place this matter on the agenda for discussion at the next meetings of the Design
Review Board and Planning Board. In the meantime, if you should have any questions or require
any additional information concerning this project, I can be reached at (518) 438-9907.
Thank you for your consideration.
Respectfully submitted,
CELLCO PARTNERSHIP d/b/a Verizon Wireless
David C. Brennan, Esq.
Regional Local Counsel
Dated: June 8, 2023