HomeMy WebLinkAbout20260627 Brook Rd Verizon Communications Facility Site Plan NarrativeSubject to the FCC Shot Clock of 150 days for an Application for Other than a Small Wireless
Facility Using a New Structure - 83 Fed Reg 51867 codified at 47 CFR § 1.6003(c)(1)(iv)
PLANNING BOARD, ZONING BOARD OF APPEALS
and 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
Premises: Lands of D. A. Collins Development Corp.
Brook Road, Saratoga Springs NY 12866
Tax Map No. 164.-2-43.1
___________________________________________________________________
STATEMENT OF INTENT
APPLICATION FOR SITE PLAN REVIEW,
SPECIAL USE PERMIT, USE VARIANCE and ARCHITECTURAL REVIEW
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”) within a 40’x 60’ fenced compound on a portion of lands
owned by D. A. Collins Development Corp. (the “Premises”). The Premises is located on Brook
Road, City of Saratoga Springs, NY 12866, in the IND-L (Light Industrial) zoning district [TABS
1 and 2; see also Zoning Site Plan of Tectonic Engineering Consultants, Geologists & Land
Surveyors, D.P.C. at TAB 14].
The proposed communications facility consists of a 120± ft. monopole tower (124± ft.
including 4 ft. lightening rod), one 12.5± ft. by 11.5± ft. equipment platform, and all associated
antennas, improvements, emergency backup generator, and access/utilities. The project is an
allowable land use subject to the Applicant obtaining a Use Variance from the City Zoning Board
of Appeals, Site Plan Review from the City Planning Board, and Architectural Review from the
Design Review Board.
Verizon Wireless is considered a public utility 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].
Public utility / personal wireless service facilities such as the one proposed here are
regulated in the City of Saratoga Springs pursuant to the City’s Unified Development Ordinance
(“UDO”) Article 8.4 Section DDDDD – Wireless Telecommunications Facilities.
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II. Purpose of Facility
This project (referred to internally as “Saratoga Quarry”) is specifically intended to
address significant coverage deficiencies in Verizon’s wireless network in the northwestern area
of the city (including along underserved portions of NY State Route 29 (NY-29 / Washington St),
NY-9N / Church St, and Grand Ave. While the proposed Saratoga Quarry facility’s main purpose
is to provide new and/or significantly improved coverage and network performance reliability
across the targeted improvement area, the site will also offload wireless devices operating in poor
RF conditions in and around the northwestern portions of Saratoga Springs from Verizon’s
neighboring sites in the city center area and the bordering Towns of Milton and Greenfield. The
end result is a more efficient and reliable wireless network across northwestern Saratoga Springs.
The current level of insufficient 4G/5G coverage in the area originates primarily from
Verizon’s existing wireless facilities called “Rte 29 & Station Ln” (located approximately 1.6 mi.
east on the 245 ft. tall guyed tower off West Ave near Saratoga Springs High School), “Milton
Center” (approximately 1.8 mi. southwest on Verizon's 125 ft. tall monopole tower off Rowland
Ave in the Town of Milton), “Ballston Spa Air” (approximately 3.0 mi. west on the 150 ft. tall
monopole tower off Sodeman Rd in Milton) and ”Greenfield Center” (approximately 3.4 mi.
northwest on the 184 ft. tall monopole tower off South Greenfield Rd in the Town of Greenfield).
Coverage is unreliable and inconsistent from all the neighboring sites described above
due to distance, topography, and patches of dense vegetation between them and the targeted
Saratoga Quarry improvement area. Heavy network usage generated in/around western
Saratoga Springs also reduces the effectiveness of Verizon's Saratoga Springs city-based
neighboring sites and prevents them from offering sufficient network capacity (which limits a
site’s ability to provide and maintain reliable voice connections and advertised data speed) to the
targeted improvement area. Accordingly, construction of a new, locally based communications
facility within the target area of the City of Saratoga Springs is required to provide a dominant
(i.e., continuous) level of wireless communications service (both voice and data) to the
surrounding area. See, Site Selection Analysis prepared by Verizon Wireless’ Site Acquisition
Specialist and RF Justification Report prepared by Verizon Wireless’ Radio Frequency (RF)
Design Engineer, detailing the purpose and need for this facility [TAB 6].
III. Description of Land Use
Verizon Wireless’ proposed communications facility consists of the following general
components: a single 120± ft. monopole tower (124± ft. including a 4 ft. lightening rod); panel
antennas mounted at 115± ft; utility services (power and landline telephone) and all associated
fixtures and appurtenances; and proposed 12 ft. wide gravel drive. The project design also
includes ground space for base station equipment and associated improvements for two
additional carriers, if other carriers collocate on the proposed facility.
As there are no existing and/or available tall structures in the search area of sufficient
height, structural capacity or availability to support Verizon Wireless’ proposed communications
facility, or existing tower sites that can be used for the “clustering” of a new tower [Site Selection
Analysis at TAB 6], a new communications tower at a new site is required.
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The proposed facility will be a monopole tower design, equipment platform and
associated improvements will be located inside the tower yard. A six (6) foot high chain link fence
(with one foot of barbed wire) will be installed around the tower yard, to secure the tower site
and protect Verizon Wireless’ telecommunications equipment (and the equipment of other users)
from unauthorized access.
The proposed facility is unmanned, equipped with backup emergency power, and will be
visited for routine maintenance purposes approximately 1 – 3 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 will be significantly impacted.
IV. Compliance with Rosenberg Standard and Saratoga Springs Unified Development
Ordinance Requirements
A. COMPLIANCE WITH ROSENBERG STANDARD
As noted, the City of Saratoga Springs Unified Development Ordinance requires that the
applicant obtain a Use Variance for the construction of a new telecommunications tower.1 The
applicant has limited the height of this telecommunications facility to 124 ft. above ground level,
which will allow its antennas to clear all intervening terrain, structures and vegetation and
accomplish applicable coverage objectives. In this context, Applicant has mitigated the potential
visual impacts of the Communications Facility to the maximum extent practicable. As mentioned,
this height will also provide space for collocation (shared use) by additional wireless service
providers.
The Saratoga Quarry facility is necessary. The Applicant has provided expert proof in the
form of a report from its Radio Frequency (RF) Design Engineer demonstrating that (i) there is an
inadequate and unsafe level of Verizon Wireless coverage in this area of the City of Saratoga
Springs [TAB 6]; and (ii) a new Communications Facility is necessary to provide adequate and
safe hand-held coverage to this area. This report depicts the areas where coverage issues exist
and illustrates the geographic area that the communications facility needs to be located (the
“search area”) in order to provide adequate and safe signal strength and coverage to the Saratoga
Springs area [TAB 6].
In connection with this evaluation, the Applicant has retained the services of a real estate
expert working in the telecommunications field to assist in the evaluation of existing towers in
and around the search area. Based upon a thorough review of the search area, it is clear that there
are no existing, viable towers (or other tall structures) that can be used to provide adequate and
safe service to the City of Saratoga Springs area.
A propagation analysis showing the significant area of improved coverage (in-building
and mobile) that will be achieved from the proposed site is attached at TAB 6. As this analysis
demonstrates, construction of a new 120± ft. tower at this location (124± ft. when including a 4±
ft. lightning rod) will provide adequate and safe Verizon Wireless coverage to a significant
1 The City of Saratoga Springs Unified Development Ordinance does not allow a new tower to be located
in any zoning district unless a use variance is granted. UDO Article 8.4 Section DDDDD (2)(b)(iii).
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portion of the City of Saratoga Springs. Based on the results shown in TAB 6, the significant local
terrain variations, distance to surrounding cell sites in the Verizon Wireless network and dense
mature vegetation near the site and in the surrounding community, a minimum tower height of
120± ft. (124± ft. when including a 4± ft. lightning rod) is required to satisfy applicable coverage
objectives described above.
Based upon the comprehensive evaluation completed by the Applicant’s Radio Frequency
(RF) Engineering and Real Estate experts, there are no existing towers or other tall structures of
sufficient height within the designated search area (or surrounding vicinity) that can be used by
Verizon Wireless to provide adequate and safe coverage and capacity to the Saratoga Springs
area. As the UDO requires that all new towers receive a use variance regardless of location,
Rosenberg relief is both necessary and unavoidable in this case.
B. COMPLIANCE WITH CODE REQUIREMENTS
The proposed communications facility complies in all material respects with the Saratoga
Springs Unified Development Ordinance, Wireless Telecommunications Facilities requirements:
1. Standards for Special Use Permit (UDO 13.4[E]):2 In accordance with the UDO
13.4[E] the applicant has addressed the following:
i. 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 (UDO 13.4[E][1]). The
facility is consistent with the applicable City of Saratoga Springs
Regulations. The facility as designed will meet all required
setbacks, existing vegetation will be preserved to the maximum
extent practicable. Additionally all requirements related to
Architectural and Historic Review, Special Use Permit, and Use
Variance have been met, as demonstrated herein. The 2015
Comprehensive Plan states on pg 18 that the City has a goal of
“increased fiber optics and municipal wireless network” this site
will help the City to accomplish this goal by improving the level of
service to areas of the City.
ii. The proposed special use will not endanger the public health,
safety, or welfare (UDO 13.4[E][2]). The facility will be enclosed
with a six foot fence with barbed wire to prevent unauthorized
access and to ensure that the public cannot access the facility [TAB
14]. Additionally, the applicant has provided a Radio Frequency
Safety Report demonstrating that the facility is in full compliance
2 The Applicant recognizes that this application is governed by UDO DDDDD(2)(b)(iii) which states that
“The construction of a new telecommunication tower or facility requires a use variance, site plan review,
and architectural review is required. Historic review is required if in a historic district.” However to the
extent the City required a Special Use Permit as an additional requirement for Telecommunication
Tower/Facility applications pursuant to UDO DDDDD(2)(d)(ii) the applicant has included this request
for a Special Use Permit.
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with the FCC regulations regarding radio frequency transmissions.
[TAB 11].
iii. The density, intensity and compatibility of the use with the
neighborhood and community character (UDO 13.4[E][3]). The
facility is proposed to be located on a large parcel which is on active
quarry and mostly treed land. Therefore the facility will be
naturally screened and have no negative impact on the
neighborhood or community character [TABS 6 and 7].
iv. Safe and efficient pedestrian and vehicular access, circulation and
parking (UDO 13.4[E][4]). The facility has been designed to
accommodate vehicular access and parking via a proposed access
gravel drive. The facility will not be accessible to pedestrians as the
facility is on private property far removed from the right of way
[TAB 14].
v. Existing and future demand on infrastructure, public facilities and
services (UDO 13.4[E][5]) The facility is unmanned and rarely
visited (1-3 times per year). No infrastructure improvements,
public facilities or services are necessary for the operation of the
facility [TABS 9 and 10].
vi. The environmental and natural resources of the site and
neighboring lands including any potential erosion, flooding or
excessive light, noise, vibration and the like (UDO 13.4[E][6]). The
facility has been designed to have minimal impact on natural
resources and neighboring lands. The facility is located on a parcel
which allows for the facility to be naturally screened by existing
trees and therefor the facility will not generally be visible to
neighboring properties. Additionally, the facility will not generate
excess noise as demonstrated in the provided noise analysis.
[TABS 1, 7, and 13].
2. Standards for Site Plan Review (UDO 13.5): In accordance with the UDO 13.5 the
applicant has addressed the following:
i. Landscape Plan (UDO 13.5[G]). Due to the location of the project
the applicant is not proposing landscaping. The facility is located
on a large parcel which is mostly treed land. Due to this vegetation,
the facility will be naturally screened, and additional landscaping
is not required.
ii. Lighting Plan (UDO 13.5[H]). The facility does not have significant
lighting proposed. The proposal includes a 25W flood light which
will be mounted on the proposed equipment platform. This light
fixture is designed to illuminate the work area in and around the
equipment for the rare occasion that a technician visits in low-light
conditions, details for the proposed flood light can be seen on TAB
14 sheet C-5. Notably, the flood light is on a spring-wound timer
and automatically shuts down after a period of use.
iii. Conformity with the regulations of this Ordinance and any other
applicable regulations of the City Code, and the City’s
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Comprehensive Plan and adopted land use policies (UDO
13.5[I][1]). The facility is consistent with the applicable City of
Saratoga Springs regulations. The facility as designed will meet all
required setbacks, existing vegetation will be preserved to the
maximum extent practicable, the facility will be enclosed.
Additionally all requirements related to Architectural and Historic
Review, Special Use Permit, and Use Variance have been met, as
demonstrated herein. The 2015 Comprehensive Plan states on pg
18 that the City has a goal of “increased fiber optics and municipal
wireless network” this site will help the City to accomplish this goal
by improving the level of service to areas of the City.
iv. Location, arrangement, size, design and general site compatibility
of buildings and sign structures (UDO 13.5[I][2]). The facility is
proposed to be located on a large parcel which is mostly treed land
associated with an operating quarry. As such, the facility, as
proposed, is compatible with the current use of the parcel [TABS 6
and 14].
v. Adequacy and arrangement of vehicular traffic access and
circulation including intersections, road widths, pavement
surfaces, dividers and traffic controls, and transit and bicycle
accommodations (UDO 13.5[I][3]). The facility as proposed will not
impact vehicular traffic. The site will not be accessible to the public
and will only be visited 1-3 times a year for maintenance purposes.
Details of the proposed gravel access drive can be found on TAB
14.
vi. Location, arrangement, appearance, and sufficiency of off-street
parking and loading (UDO 13.5[I][4]). The facility will provides
adequate parking for the occasional visit by a technician [TAB 14].
vii. Adequacy and arrangement of pedestrian traffic access and
circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience (UDO
13.5[I][5]). The proposed facility does not allow for pedestrian
access. The facility is enclosed by a 6 ft chain link fence with
additional foot of barbed wire to prevent the public from accessing
the facility [TAB 14].
viii. Adequacy of stormwater and drainage facilities with attention to
impact of structures, roadways and landscaping in areas with
susceptibility to ponding, flooding, and/or erosion (UDO
13.5[I][6]) The facility includes a proposed 12 ft wide access drive,
this proposal includes two (2) corrugated HDPE Culverts, 2:1 slope
2’ deep rip-rap lined swale, and stabilization with loam, seed and
jute mats [TAB 14, sheet C-2].
ix. Adequacy of water supply including pressure and quantity (UDO
13.5[I][7]) The facility will have no impact on water supply as the
facility is unmanned, does not require connection to the municipal
water supply and does not create a new demand for water [TAB 1].
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x. Adequacy of sanitary sewer, including size and inverts, or
adequacy of sewerage disposal facilities including soil borings,
percolation tests, soil characteristics, and professional certification
of system adequacy (UDO 13.5[I][8]) The facility will not have an
impact on sewer systems. The facility is unmanned and does not
involve the installation of sanitary facilities [TAB 1].
xi. Adequacy and arrangement of on-site and off-site illumination
(UDO 13.5[I][9]) The facility has limited illumination, the proposal
includes a 25W flood light which will be mounted on the proposed
equipment platform. This light fixture is designed to illuminate the
area in and around the equipment, details for the proposed flood
light can be seen on TAB 14 sheet C-5.
xii. Adequacy, type, size, and arrangement of trees, shrubs and other
landscaping. Parking, service areas, and loading and maneuvering
areas must be landscaped and screened from neighboring areas
(UDO 13.5[I][10]) The facility will be naturally screened by existing
trees and vegetation. The vegetation will effectively screen the
proposed facility and proposed gravel drive from neighboring
properties. Additional landscaping unnecessary and is not
proposed [TAB 7].
xiii. Adequacy of fire lanes and other emergency zones; location and
arrangement of fire hydrants, standpipes, and other fire safety
facilities (UDO 13.5[I][11]) The proposed access road will provide
for adequate access in case of emergency and is designed to
accommodate emergency vehicles [TAB 14].
3. Standards for Telecommunication Facilities (UDO 8.4DDDDD[c]): In accordance
with the City of Saratoga Springs Unified Development Ordinance 8.4DDDDD(c) and
8.4DDDDD(d), the Applicant has addressed the following:
i. All proposed telecommunication structures must be located
on one lot (UDO 8.4DDDDD[c][i]). The facility has been
designed to comply with this requirement as the Tower and
associated equipment is proposed to be located on a single
parcel, with a portion of the access road located on a second
parcel. Both parcels are owned by related entities [TAB 14].
ii. Each freestanding telecommunication tower must be
located at a minimum setback from any lot line equal to the
height of the tower (UDO 8.4DDDDD[c][ii]). The facility has
been designed to comply with this requirement, the
proposed 124 ft. tower has a 512 ft. front setback, 128 ft. side
setback, and 492 ft. rear setback [TAB 14].
iii. Accessory structures must comply with setback
requirements of the underlying zoning district (UDO
8.4DDDDD[c][iii]). The facility has been designed to
comply with this requirement. The compound has a 495 ft.
front setback, 80 ft. side setback, and 464 ft. rear setback
[TAB 14].
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iv. Existing on-site vegetation must be preserved to the
maximum extent possible. An inventory may be required to
document existing vegetation. No trees, measuring more
than four inches in diameter at a height of four feet off the
ground, may be cut prior to approval. Additional plantings
may be required to screen the facility from neighboring
areas (UDO 8.4DDDDD[c][iv]). The facility has been
designed to comply with this requirement by minimizing
tree clearing to the greatest extent practicable, while still
providing for meaningful natural screening of the facility.
[TAB 14].
v. The tower and accessory structures must be adequately
enclosed by a fence or other confined means to ensure the
security of the facility (UDO 8.4DDDDD[c][v]). The facility
has been designed to comply with this requirement as a 6 ft.
chain link fence with an additional foot of barbed wire is
proposed to surround the facility [TAB 14].
vi. No portion of any tower or accessory structure can be used
for a sign or other advertising purpose (UDO
8.4DDDDD[c][vi]). There will be no signs other than those
required by applicable FCC regulations and licenses which
will be attached to the fence [TAB 14].
vii. Pictorial representations of "before and after" views from
key viewpoints selected by the City (UDO
8.4DDDDD[d][i][1]). This will be discussed during the
zoning process. A visual resource evaluation will be
prepared, including simulations of the facility from
locations selected during the review process.
viii. Alternative designs, materials, finishes and color schemes
to minimize visual discord with neighboring areas (UDO
8.4DDDDD[d][i][2]). The proposed monopole design and
galvanized steel will minimize any potential visual impacts.
Upon completion of the visual resource evaluation,
discussion of alternative methods of mitigating visibility
will be evaluated.
ix. Demonstration that that the applicant has explored co-
location opportunities at existing approved
telecommunication facilities including demonstration that
such co-location is not feasible (UDO 8.4DDDDD[d][ii][1];
UDO 8.4DDDDD[d][iii][1][A]). In accordance with this
requirement, the applicant has submitted a Site Selection
Analysis demonstrating that there are no co-location
opportunities within the search ring for the proposed
facility. Accordingly a new tower is required [TAB 6].
x. An inventory of all existing telecommunication facilities
and other structures within a reasonable distance, as
determined by the Planning Board in consultation with the
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applicant (UDO 8.4DDDDD[d][ii][2]; UDO
8.4DDDDD[d][iii][1][B]) In accordance with this
requirement the applicant has submitted a Site Selection
Analysis which demonstrates that there are no co-location
opportunities within the search ring [TAB 6].
xi. Demonstration that any new facility or tower may
accommodate future shared use by other
telecommunications providers, including a letter of intent
from the current property owner insuring good faith
negotiation for future shared use of this facility/tower for
telecommunication purposes (UDO 8.4DDDDD[d][ii][3];
UDO 8.4DDDDD[d][iii][1][C]; UDO
8.4DDDDD[d][iii][1][F]) In accordance with this
requirement, the applicant has submitted a collocation
commitment letter which demonstrates that the facility has
been designed with capacity for collocation by two
additional wireless providers and the applicant will
negotiate in good faith with other licensed wireless service
providers [TAB 10].
xii. Justification for proposed height and design of the new
telecommunications tower including an analysis of
alternative heights and designs (UDO 8.4DDDDD[d][ii][4];
UDO 8.4DDDDD[d][iii][1][D]). In accordance with this
requirement, the applicant has provided a Radio Frequency
Justification and Tower Design letter which demonstrate
the need for a facility at this location as well as justification
for the tower height.
xiii. Visual impact of the proposed tower/facility from abutting
properties and streets. In addition to a completed Visual
Environmental Assessment Form, a "Zone of Visibility
Map" may be required to determine locations where the
facility may be seen (UDO 8.4DDDDD[d][ii][5]; UDO
8.4DDDDD[d][iii][1][E]). In accordance with this
requirement the applicant has provided viewshed mapping
which demonstrates that due to topography and/or
vegetation, the facility will not be visible or will be
minimally visible to a majority of properties within a 2-mile
radius of the facility [TAB 7].
xiv. Certification that the new facility will not interfere with
radio or television service to the adjacent properties or with
public safety telecommunications (UDO 8.4DDDDD[d][ii][6];
UDO 8.4DDDDD[d][iii][1][G]) In accordance with this
requirement, the applicant has provided a non-interference
letter which demonstrates that the facility will not interfere
with other radio services [TAB 12].
xv. Certification of a valid Federal Communications Commission
(FCC) license (UDO 8.4DDDDD[d][iii][1][H]) In accordance
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with this requirement, the applicant has provided the
relevant FCC licenses [TAB 5].
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 coverage (mobile and in-building) to a significant portion of the City of
Saratoga Springs. 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 Radio Frequency (RF) Justification, the area within
which Verizon Wireless can locate its facility and provide an adequate and safe level of service to
the Saratoga Quarry site area is limited by area requiring improved coverage and the location of
existing, nearby Verizon sites. Moreover, an evaluation by the Applicant’s real estate expert of
potential alternative sites within the search area indicates that there are no existing
communications towers or other tall structures that can be used to provide adequate and safe
service to the Saratoga Quarry site area. This investigation also concludes that the subject site,
located at an existing quarry is the most suitable candidate for a new tower facility.
The proposed communications facility is located on a large tract of land. This parcel allows
for the placement of Verizon Wireless’ facility a significant distance from adjoining properties.
This location, layout and proposed height represent the least intrusive means of providing service
to the target area. Terrain and mature vegetation (both on the Premises and in the area generally)
will serve to buffer and shield the monopole tower from view to the surrounding area and
significant portions of the coverage area. In this context, the communications facility 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.
As set forth above, the Applicant has proposed a facility that will enable Verizon Wireless
and other wireless service providers to provide adequate and safe wireless services to an
important area of the City of Saratoga Springs in accordance with their FCC licenses. In this
regard, the proposed communications facility will not give rise to an undue visual impact.
V. Conclusion
Approval of this project will enable Verizon Wireless to provide an adequate and safe
level of hand-held wireless telephone service to the target area of the City of Saratoga Springs,
within the confines of applicable technological limitations and substantially all applicable land
use requirements. Such approval will also be in the public interest, in that it will allow Verizon
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Wireless to comply with its statutory mandate to build out 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 Rosenberg public utility variance exception standard and
the Site Plan Review, Special Use Permit, and architectural review requirements of the City of
Saratoga Springs Unified Development Ordinance, 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. Full Environmental Assessment Form (“Full EAF”) prepared by Tectonic
Engineering;
2. Redacted Copy of Lease Agreement with Access & Utility Easement between D.
A. Collins Development Corp. and Verizon Wireless;
3. Documentation of Public Utility Status and Overview of the Rosenberg Decision;
4. Overview of Telecommunications Act of 1996;
5. Maintenance and Authorization Letter prepared by Kathy Pomponio, Real Estate
Manager for Verizon Wireless, together with copies of Verizon Wireless’ FCC
Licenses for the Saratoga County NY area;
6. Site Selection Analysis and Radio Frequency (RF) Engineering RJ Justification -
Propagation Analyses prepared by the Verizon Wireless Network Engineering
Department;
7. Viewshed Mapping prepared by Tectonic Engineering;
8. FAA – Determination of No Hazard to Air Navigation;
9. Tower Design Letter prepared by Steven Matthews, P.E. of Tectonic Engineering;
10. Collocation Commitment & Removal Letter prepared by Kathy Pomponio, Real
Estate Manager for Verizon Wireless;
11. Radio Frequency (RF) Safety-FCC Site Compliance Report of Circet USA;
12. Non-Interference Letter prepared by Verizon Wireless Network Engineering
Department;
13. Noise Evaluation Report prepared by Tectonic Engineering; and
14. Zoning Site Plan Drawings prepared by Tectonic Engineering.
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Kindly place this matter on the agenda for discussion at the next available meetings of the
City of Saratoga Springs review boards for introduction of the project and discussion of timeline
for appearances before each 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.
June 29, 2026 Respectfully submitted,
Revised: July 24, 2026
CELLCO PARTNERSHIP
d/b/a Verizon Wireless
David C. Brennan, Esq.
Regional Local Counsel