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Home My WebLink About20250513 20 Vanderbilt Ave Utility Pole Other 1 DESIGN REVIEW BOARD OF THE CITY OF SARATOGA SPRINGS SARATOGA COUNTY, NEW YORK In the Matter of the Application of ___________________________________________________________________ CELLCO PARTNERSHIP d/b/a Verizon Wireless Premises: Utility Pole No. NG 9-1B - Adjacent to 20 Vanderbilt Ave Saratoga Springs, New York 12866 ___________________________________________________________________ STATEMENT OF INTENT and APPLICATION FOR DESIGN REVIEW BOARD APPROVAL I. Purpose and Need CELLCO PARTNERSHIP d/b/a Verizon Wireless (“Verizon Wireless” or the “Applicant”) proposes the collocation of an unmanned public utility/personal wireless service facility (a "communications facility") at the above location. More specifically, Verizon Wireless is proposing to replace an existing utility pole and add wireless telecommunications equipment to it. The Applicant proposes to install on a replacement utility pole: a single, cylindrical antenna (approximately 24” tall x 14.6” in diameter) mounted at the top of the pole at a tip height of 41.7± feet) along with the installation of electric and telecommunications equipment on the utility pole at a minimum height of 8’ above grade. The existing pole that is being removed has a maximum height of 29.0± feet. All proposed equipment will be painted brown as noted on Sheet C-2B and consistent with prior DRB approvals for similar projects. The property is located in the right of way adjacent to 20 Vanderbilt Ave, City of Saratoga Springs, Saratoga County, New York (NG 9- 1B). [Zoning Site Plan Drawings of Tectonic Engineering & Surveying, PC at TAB 6]. Upon completion, the proposed facility will provide additional wireless network bandwidth and improved performance to the nearby roads and the surrounding neighborhood areas. More specifically, the site is proposed to extend reliable wireless service and improved in- home level coverage along a portion of Jefferson St between Webster St and Steele St. and in- home/in-building level coverage across the Senior Housing, Jefferson Terrace and Vanderbilt Terrace Apartments, and into the Saratoga Recreation Center building, homes, and local roads in and surrounding the area generally bounded Lincoln Ave to the north, Jefferson St to the east, Fenlon St to the south and Vanderbilt Ave to the west. Verizon Wireless is considered a public utility for land use purposes under New York decisional law (Cellular Telephone Company v. Rosenberg1, 82 N.Y.2d 364 [1993]), and a provider of “personal wireless services” under the federal Telecommunications Act of 1996 (the “TCA”). 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. 1 In Rosenberg, the State’s highest Court determined 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). 2 Verizon Wireless is applying for approval by the Design Review Board.2 The proposed replacement pole is located in the UR-4 Zoning District. The facility is not located in the Architectural Review District or the Historic Review District. The proposed communications facility is unmanned and will be visited for routine maintenance purposes approximately two times per year (only as 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 6]. II. Compliance with City Requirements The proposed communications facility complies in all material respects with City requirements: 1. SEQRA: A Short Environmental Assessment Form is attached as TAB 2. 2. Minimum Visual Impact: As noted above, Verizon Wireless’ proposed facility is designed to have a minimum possible visual effect on the surrounding community and neighborhood [TAB 3]. Consistent with prior approvals for similar facilities, the facility will be painted brown [TAB 5 at Sheet C-2B]. 3. Site Plan: The Applicant has provided a Zoning Site Plan that identifies the proposed improvements [TAB 5]. Based upon the foregoing, Verizon Wireless respectfully submits that approval is appropriate in this case. III. Conclusion The communications facility proposed is a public necessity under Rosenberg in that it is required to render adequate and safe service to this area of the City of Saratoga Springs. In an effort to supplement existing telecommunications services to this area of the City, while reducing the need for a new tower or macro cell collocation, Verizon Wireless has identified an appropriate location for the deployment of a small cell facility. Verizon Wireless’ existing macro cell sites in the area do not provide adequate coverage and capacity to this area of the City. The City of Saratoga Springs will be lacking adequate and safe capacity, and the failure to approve this application will eliminate the means to provide necessary capacity. 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. 2 For the reasons set forth herein, Verizon Wireless believes that its project complies in all material respects with the provisions of the City of Saratoga Springs Land Use Laws and, consistent with the application process established by the City for prior Small Cell applications, that no additional approvals or relief are required. To the extent that an additional approval or relief is required, Verizon Wireless submits these materials in support of such approval(s). 3 The small cell facility will not be noticeable to the traveling public or nearby property owners. The communications system proposed has been sited to have the least practical adverse visual effect on the environment, and any resulting impact(s) may properly be considered as minimal in nature and scope. Attached to this Application and Statement of Intent are the following: 1) An Application for Architectural/Historic Review by the Design Review Board; 2) A Short Environmental Assessment Form; 3) Radio Frequency Analysis and Coverage Plots: 4) Photosimulations of the proposed installation and SEQRA Visual EAF Addendum; 5) Radio Frequency – Site Compliance Report; and 6) Project Zoning Drawings. Kindly place this matter on the agenda for discussion at the next available meeting of the Design Review Board. In the meantime, if you should have any questions or require any additional information concerning this project, I can be reached at (518) 714-9282. Thank you for your consideration. Respectfully submitted, CELLCO PARTNERSHIP d/b/a Verizon Wireless David C. Brennan, Esq. Regional Local Counsel Dated: June 11, 2025