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Home My WebLink About20250948 147 East Ave Verizon Utility Pole Application ATTORNEYS AT LAW _______________ MAIN OFFICE (FOR ALL MAIL): 500 FEDERAL STREET, 5TH FLOOR, TROY, NEW YORK 12180 ALBANY OFFICE: 41 STATE STREET, STE 604-12, ALBANY, NEW YORK 12207 _______________ Phone: 518-438-9907 • Fax: 518-438-9914 _______________ www.youngsommer.com David C. Brennan, Esq. Writer’s Telephone Extension: 224 dbrennan@youngsommer.com October 15, 2025 Via Federal Express Mark Graham Administrative Assistant for OPED City of Saratoga Springs 474 Broadway Saratoga Springs, New York 12866 RE: Cellco Partnership d/b/a Verizon Wireless Application for DRB Approval Utility Pole No. NG 31 ½, VZ 305 ½ - Adjacent to 147 East Ave. Dear Mr. Graham: Please find enclosed an application to the Design Review Board for a proposal to add a wireless small cell antenna and equipment to an existing utility pole in the state right of way. Also enclosed is a check in the amount of $650.00 for the application fee. We look forward to discussing this further with the Design Review Board at an upcoming meeting. In the meantime, if you have any questions concerning this letter or the enclosed materials, please contact me at your convenience. Very truly yours, David C. Brennan, Esq. Encl. DESIGN REVIEW BOARD CITY OF SARATOGA SPRINGS, SARATOGA COUNTY, NEW YORK In the Matter of the Application of ______________________________________________________________ CELLCO PARTNERSHIP d/b/a Verizon Wireless Utility Pole No. NG 31 ½, VZ 305 ½ Adjacent to 147 East Ave. Saratoga Springs, New York 12866 ____________________________________________________________ APPLICATION FOR DESIGN REVIEW BOARD APPROVAL and STATEMENT OF INTENT Submitted by: Verizon Wireless Margaret Baughman, Manager – Network Real Estate 1275 John Street, Suite 100 West Henrietta, New York 14586 (585) 321-5390 Tectonic Engineering & Surveying Consultants, P.C. Steven Matthews, P.E. 36 British American Blvd, Suite 101 Latham, New York 12110 (518) 783-1630 Airosmith Development Inc. Sara Colman, Site Acquisition Specialist 318 West Ave. Saratoga Springs, NY 12866 (518) 461-7114 Please Direct All Correspondence To: Young/Sommer LLC David C. Brennan, Esq. 500 Federal Street, 5th Floor Troy NY, 12180 (518) 438-9907 Dated: October 15, 2025 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 31 ½. VZ 305 ½ - Adjacent to 147 East 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 add wireless telecommunications equipment to an existing utility pole. The Applicant proposes to install on an existing 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 40.9± feet along with the installation of electric and telecommunications equipment on the utility pole at a minimum height of 8’ above grade. 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 147 East Ave., City of Saratoga Springs, Saratoga County, New York (NG 31 ½. VZ 305 ½). [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, as shown on the included coverage map. More specifically, the site is proposed improve coverage and network performance along the surrounding portion of East Ave., and the local roads and homes generally surrounding the facility including portions of Avery St., Lefferts St., Pinewood Ave., North St., Pilkington Ln., York Ave., Middle Ave., and Lake Ave. [Proposed Coverage Map, TAB 3]. 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 review by the Design Review Board.2 The proposed replacement pole is located in the UR-2 Zoning District. The facility is not located in the Historic Review District or the Architectural 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 4]. 3. Site Plan: The Applicant has provided a Zoning Site Plan that identifies the proposed improvements [TAB 6]. 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. 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 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 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 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) 438-9907. Thank you for your consideration. Respectfully submitted, CELLCO PARTNERSHIP d/b/a Verizon Wireless David C. Brennan, Esq. Regional Local Counsel Dated: October 15, 2025 TAB 1 TAB 2 TAB 3 TAB 4 ± ± TAB 5 TAB 6