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HomeMy WebLinkAbout20260937 ROW Adj to 402 Lake Ave Verizon Utility Pole Application Subject to the FCC Shot Clock of 60 days for Small Wireless Facility Using an Existing Structure - 83 Fed Reg 51867 codified at 47 CFR § 1.6003(c)(1)(i) 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 74 / VZ 17 Adj. to 402 Lake Ave., Saratoga Springs, New York 12866 ____________________________________________________________ APPLICATION FOR DESIGN REVIEW BOARD APPROVAL and STATEMENT OF INTENT Submitted by: Verizon Wireless Kathy Pomponio – Network Real Estate 175 Calkins Rd Rochester, New York 14623 (585) 321-5365 Tectonic Engineering & Surveying Consultants, P.C. Steven Matthews, P.E. 36 British American Blvd, Suite 101 Latham, New York 12110 (518) 783-1630 Tectonic Engineering & Surveying Consultants, P.C. Nathan Keenan 36 British American Blvd, Suite 101 Latham, New York 12110 (518) 783-1630 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 19, 2026 Subject to the FCC Shot Clock of 60 days for Small Wireless Facility Using an Existing Structure - 83 Fed Reg 51867 codified at 47 CFR § 1.6003(c)(1)(i) 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 74 / VZ 17 – Adj. to 402 Lake 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 51.2± 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 existing utility pole measures 48.0± feet in height. The property is located in the right of way along Lake Ave., City of Saratoga Springs, Saratoga County, New York (NG 74 / VZ 17). [Zoning Site Plan Drawings of Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C at TAB 6]. Upon completion, the proposed facility will provide additional wireless network bandwidth and improved performance surrounding the NY-29 / Weibel Ave intersection including the Stewart’s Shops store located at the intersection, as shown in the accompanying coverage maps [Radio Frequency Analysis at TAB 3]. More specifically, the site is proposed to extend reliable wireless service and improved in-building level of coverage along a 0.5± mile section of NY-29 (roughly from the I-87 underpass to Old Schuylerville Rd), the southern portion of Weibel Ave (south of Saratoga Springs Landfill to NY-29), the northern end of Gilbert Rd, Stewart’s Shops Convenience Store and other businesses and homes in the area [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 existing utility pole is located in the Rural Residential (RR) Zoning District. The facility is not located in the Historic Review District but is located in 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 [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 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 prepared by Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C.; 3) Radio Frequency Analysis with Proposed Coverage Plots, prepared by Verizon Wireless Radio Frequency (RF) Design Engineer Rick Andras; 4) Photosimulations of the proposed installation and SEQRA Visual EAF Addendum prepared by Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C.; 5) Radio Frequency – Site Compliance Report, prepared by Airosmith Development; and 6) Project Zoning Drawings, prepared by Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C. 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 19, 2026 Network Engineering 175 Calkins Road Rochester, New York 14623 Weibel Stewarts Micro Cell Communications Facility Radio Frequency Analysis Verizon is proposing to collocate a new microcell facility on an existing wooden utility pole located near the intersection of NY State Route 29 (NY-29) / Lake Ave and Weibel Ave in the City of Saratoga Springs, Saratoga County, New York. This microcell is needed to improve coverage and network performance surrounding the NY-29 / Weibel Ave intersection including the Stewart’s Shops store located at the intersection. Due to distance and the dense tree canopy along the roads in this area, Verizon’s existing neighboring macro sites are not capable of providing reliable mobile voice and data services in its “mid-band” (1900 MHz, 2100 MHz and 5G 3500 MHz frequency channels) to this portion of the city. General Methodology – Network Design/Micro Cell Placement The proposed micro cell is a significantly paired down version of a typical macro cell (i.e., a standard 3 -sectored antenna array placed on a tall tower, building or water tank as commonly seen on wireless communications facilities in Saratoga Springs and the surrounding area - for example the 245 ft. tall guyed tower off West Ave (from Lincoln Ave near Saratoga Springs High School)). The proposed micro cell consists of radios and other ancillary equipment inside an enclosure mounted approximately 12 ft. above ground level and connected via coaxial cable to a 2 ft. tall canister antenna mounted on top of the 48.0± ft. tall utility pole at the Stewart’s Shops NY-29 entrance. Verizon’s specific “Weibel Stewarts” microcell objectives are to extend reliable wireless service and improved in-building level of coverage along a 0.5± mile section of NY-29 (roughly from the I-87 underpass to Old Schuylerville Rd), the southern portion of Weibel Ave (south of Saratoga Springs Landfill to NY -29), the northern end of Gilbert Rd, Stewart’s Shops Convenience Store and other businesses and ho mes in the area. Verizon’s closest wireless macro facilities to the proposed microcell are its “Loughberry Lake” site (0.8± miles north on the American Tower 100 ft. monopine facility off Weibel Ave) and the “Oklahoma Track” site (1.0± miles west on The Grove at Saratoga Apartments rooftop). Due to a combination of distance and the dense tree canopy paralleling the targeted portions of Lake Ave, Weibel Ave and Gilbert Ave, coverage and network performance from these and all other neighboring wireless facilities (particularly in Verizon’s mid -frequency channels in the 1900 MHz – 3500 MHz range) are deficient and unable to reliably serve the targeted NY-29 / Weibel Ave improvement area. In researching the existing co-locatable structures near the NY-29 / Weibel Ave intersection, the existing wooden utility pole at the NY-29 Stewart’s entrance was identified as a viable candidate to achieve Verizon’s intended coverage and network performance objectives. A microcell at this location is able to provide reliable mid-band service (including 5G) east and west along the targeted section of NY-29, north and south along Weibel Ave and Gilbert Rd, and into the surrounding businesses and homes. Given the chosen pole’s desirable location and ability to “see” along NY-29, Weibel Ave and Gilbert Rd, Verizon is proposing to collocate its microcell facility on existing Utility Pole # NG 74 / VZ 17. Calculated coverage from the proposed Weibel Stewarts microcell facility is shown in the street and aerial maps at Figure 1 on the following page. When viewing the maps, the blue-shaded area illustrates new and/or improved coverage from the proposed microcell in Verizon’s 2100 MHz frequency band (which is also representative of Verizon’s 1900 MHz to 3500 MHz bands), and the gray half-circle labeled “Weibel Stewarts” is placed at the proposed microcell location. As the results demonstrate, the proposed microcell will successfully cover the targeted NY-29 / Weibel Rd intersection area. When complete, mobile devices attempting to access or remain connected to Verizon’s network will seamlessly and reliably connect via the 2 Weibel Stewarts microcell, effectively improving mid-band 4G/5G coverage and performance across the targeted area. Figure 1 – Expected Coverage and Performance Improvement Area (Blue-Shaded Region) from the Proposed Weibel Stewarts Microcell. Conclusion To summarize, Verizon is proposing to install a small canister antenna (measuring 24 in. high by 14.6 in. wide) on top of a 48.0± ft. tall utility pole with associated radios and ancillary equipment inside an enclosure installed 12 ft above ground level on the pole. The proposed microcell is needed to provide reliable mid -band 4G/5G coverage and performance at and surrounding the Lake Ave / Weibel Ave intersection ; coverage and network performance is insufficient in this area due to distance and the dense tree canopy along the local roads and surrounding businesses and homes. The proposed facility will resolve this gap in reliable service . Date: October 18, 2026 Prepared by: Rick Andras Rick Andras Radio Frequency (RF) Design Engineer Verizon Wireless Looking Southwest from the intersection of Lake Ave and Weibel Ave. The proposed Verizon Wireless equipment will be visible from this location.P-1 Distance from the photographic location to the proposed site is 75'±13409.013 S -1 13409.013 Looking Southwest from the intersection of Lake Ave and Weibel Ave. The proposed Verizon Wireless equipment will be visible from this location. Distance from the photographic location to the proposed site is 75'± Looking East from Lake Ave just west of the intersection with Weibel Ave. The proposed Verizon Wireless equipment will be visible from this location.P-2 Distance from the photographic location to the proposed site is 100'±13409.013 S -2 13409.013 Looking East from Lake Ave just west of the intersection with Weibel Ave. The proposed Verizon Wireless equipment will be visible from this location. Distance from the photographic location to the proposed site is 100'± 1 318 West Ave, Saratoga Springs, NY 12866 Office 518-306-1711 – Fax 518-306-1711 www.airosmithdevelopment.com EMF/FCC Compliance Report Prepared for October 15, 2026 Verizon Project ID:616840552 Verizon Site Name:Weibel Stewarts Site Location Adj to 402 Lake Ave Saratoga Springs, NY 12866 Saratoga County 43.0843 N -73.7444 W Multi-Licensee Facility No FCC Standard OET Bulletin 65 Edition 97-01 ANSI/IEEE / OSHA Standard Std C95.1 / 1910.97 Site Classification Low Centerline Structure Type Utility Pole SStatementt off Complia nce Verizon will be compliant with FCC Rules and Regulations. 2 318 West Ave, Saratoga Springs, NY 12866 Office 518-306-1711 – Fax 518-306-1711 www.airosmithdevelopment.com Table of Contents 1.0 Scope ...................................................................................................................................................3 2.0 Introduction ........................................................................................................................................3 3.0 Background on FCC MPE Limits..........................................................................................................4 4.0 Results and Conclusions .....................................................................................................................6 5.0 Appurtenance Configuration .............................................................................................................7 6.0 Certifications.......................................................................................................................................8 7.0 APPENDIX A - Predictive Modeling Technique ..................................................................................9 3 318 West Ave, Saratoga Springs, NY 12866 Office 518-306-1711 – Fax 518-306-1711 www.airosmithdevelopment.com 11.0 Scope Airosmith Engineering has been requested to perform an analysis on the proposed Verizon antenna installation as compared to the FCC limits on Maximum Permissible Exposure (MPE) as outlined in FCC’s OET Bulletin 65. The theoretical RF Emissions were analyzed using IXUS analysis software. Selected output from the analysis is included in this report. 2.00 Introductionn Radio Frequency (RF) signals are electromagnetic waves and are characterized by their cycle time (wavelength) which is measured in meters. Frequency is defined as the number of complete cycles a wave can complete per second, which is called a Hertz. An illustration of the inverse relationship between wavelength and frequency of RF signals is shown in Figure 1 below[1]. Verizon operates within several different frequency spectrum bands including, but not limited to: 700MHz, 850MHz, 1900MHz, 2100MHz, 3.5GHz, and 4.0GHz. When considering field strength of an RF signal note that the power decreases as the distance from the antenna decreases. Figuree 1:: Radioo Frequency Spectrumm The FCC exposure guidelines are applicable to radio frequency spectrum between 300kHZ and 100GHz. The FCC’s exposure guidelines are further discussed in Section 3.0, but it is important to note that the exposure limits are conservative and incorporate a substantial margin for safety. [1] Federal Communications Commission, A Location Government Official’s Guide to Transmitting Antenna RF Emissions Safety: Rules, Procedures, and Practical Guidance, June 2, 2000. 4 318 West Ave, Saratoga Springs, NY 12866 Office 518-306-1711 – Fax 518-306-1711 www.airosmithdevelopment.com 33.0 Background on FCC MPE Limits Since 1985, the FCC has had guidelines in place to evaluate human exposure to RF emissions. The most recent guidelines were adopted in 1996 and incorporate limits for the maximum permissible exposure (MPE) in terms of both electric and magnetic field strength and power density. Frequencies from 300kHz to 100GHz are considered as part of these guidelines. These FCC Guidelines are documented in OET Bulletin 65 and are based on the exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP), the Institute of Electrical and Electronics Engineers, Inc (IEEE), and the American National Standards Institute (ANSI). For the purposes of determining exposure risk and the resulting compliance, the FCC Guidelines consider two tiers of exposure: occupational/controlled exposure, and general population/uncontrolled exposure. Occupational/controlled: these limits are to be considered when a person is exposed to RF emissions as a consequence of their employment. Additionally, this person must have been made fully aware of the potential exposure and has the ability to exercise control over their own exposure. General population/uncontrolled: these limits are to be considered in all other situations. Namely, when an individual may be exposed to RF emissions without being aware. This can happen as a consequence of their employment or not. Additionally, this person does not have the ability to exercise control over their exposure. The FCC limits for maximum permissible exposure are derived from a whole-body averaged specific absorption rate (SAR). The limits incorporate safety factors in order to implement extra precautions when considering the protection of the population that may be at risk. Additionally, the limits set by the FCC are based on data that has determined there are certain ranges of frequencies where the human body absorbs RF energy more efficiently: this frequency range is 30-300MHz. The specific MPE limit per frequency range is provided in the table below in terms of Electric Field Strength (V/m), Magnetic Field Strength (A/m), and Power Density (mW/cm2). It should be noted that the limits are more restrictive for the General Population/Uncontrolled exposure. 5 318 West Ave, Saratoga Springs, NY 12866 Office 518-306-1711 – Fax 518-306-1711 www.airosmithdevelopment.com TTablee 1:: FCCC Limitss forr Maximumm Permissiblee Exposuree (MPE)) The most common way to determine the compliance of a site is to compare the RF power density to the Maximum Permissible Exposure Limits outlined in the tables above, and to represent it as a percentage of the limit. This is shown graphically below in Figure 2. Figuree 2:: FCCC Limitss forr Maximumm Permissiblee Exposuree (MPE) 6 318 West Ave, Saratoga Springs, NY 12866 Office 518-306-1711 – Fax 518-306-1711 www.airosmithdevelopment.com It is important to note that the FCC rules specifically state that compliance is the shared responsibility of all licensed transmitters on a site if their power density levels are equal to or greater than 5% of the exposure limit in an area. When conducting predictive modeling, applicants are expected to make a “good faith” effort in factoring in the other transmitters on site. RReferences:: 47 CFR, FCC Rules and Regulations, Part 1 (Practice and Procedure), Section 1.1310 (Radiofrequency radiation exposure limits). FCC Office of Engineering and Technology (OET) Bulletin 65, “Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields”, Edition 97-01, August 1997. IEEE Std C95.1-2019, “IEEE Standard for Safety Levels with Respect to Human Exposure to Electric, Magnetic, and Electromagnetic Fields, 0 Hz to 300 GHz”. 4.00 Resultss andd Conclusionss Upon reviewing the results of this analysis, the calculated non-ionizing radiation for this proposed Verizon antenna installation is considered CCOMPLIANTT when compared to General Population FCC exposure limitations. The analysis results are summarized below. Generall Results Verizon Maximum General Population MPE % 3.292% at Ground Level 0 20 40 60 80 100 120 0 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320 340 360 380 400 420 440 460 480 500% o f G e n e r a l P o p u l a t i o n M P E L i m i t Linear Distance from Antenna (ft) Compliance Analysis Results % MPE Results Normalized FCC MPE Limit 7 318 West Ave, Saratoga Springs, NY 12866 Office 518-306-1711 – Fax 518-306-1711 www.airosmithdevelopment.com 55.0 Appurtenance Configuration Colocator Data:܆Estimate ܆Actual Data ܈N/A Operator Antt IIDD ZZ CCenterlinee Elev.. (ft) Antenna Type, Manufaacturer,, && Model Frequencyy Bandd Totall TPOO (W) Azz (°) Verizon 1 50.2 Panel/CommScope/V4S4-360S-BF2 Service Beam 4GHz 320 0 8 318 West Ave, Saratoga Springs, NY 12866 Office 518-306-1711 – Fax 518-306-1711 www.airosmithdevelopment.com 66.0 Certifications a. Preparer Certification I, Emily McPherson, the preparer of this report, am familiar with the Rules and Regulations of both the Federal Communications Commission (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. I am also familiar with Verizon’s RF Compliance: Signage & Demarcation document. I have reviewed this Radio Frequency Exposure Assessment report and believe it to be both true and accurate to the best of my knowledge. Emily McPherson, PE 10/15/2026 b. Reviewer Certification I, Emily McPherson, the reviewer and approver of this report, am fully aware of and familiar with the Rules and Regulations of both the Federal Communications Commission (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. I am also familiar with Verizon’s RF Compliance: Signage & Demarcation document. I have reviewed this Radio Frequency Exposure Assessment report and believe it to be both true and accurate to the best of my knowledge. Emily McPherson, PE Senior Manager - RF Engineering 10/15/2026 APPROVED BY: Emily A. McPherson, P.E. NY License #: 108843, EXP: 11/30/28 Airosmith Development Joseph Johnston Engineering, D.P.C DBA: Airosmith Engineering COA: 021469, EXP: 5/31/29 10/15/202610/15/ 9 318 West Ave, Saratoga Springs, NY 12866 Office 518-306-1711 – Fax 518-306-1711 www.airosmithdevelopment.com 77.0 APPENDIX A -Predictive Modeling Technique Airosmith Engineering has performed worst case predictive modeling on the proposed Verizon antenna installation as compared to the FCC limits on Maximum Permissible Exposure (MPE) as outlined in FCC’s OET Bulletin 65 using IXUS EMF Compliance Management Software, Version 4.18 (0)2026.1.0 (Calculator: 2026.1). IXUS is a commercially available software developed by Alphawave. IXUS uses Ray-Tracing RF exposure modeling to calculate the power density and compares it with FCC Limits. The ray tracing method is an advanced computation method described by an international standards protocol: IEC 62232. RF power density levels are calculated using the IXUS Modeler. IXUS employs a synthetic ray tracing method for panel and omnidirectional antennas and a cylindrical envelope method for microwave dish (parabolic reflector / aperture) antennas. IXUS uses elemental sources, which are representative of how an antenna emits RF energy. These elemental sources are selected by an analysis of the antennas and their manufacturers’ datasheets. All of the sources representing all of the antennas are summed to determine power density. Ray tracing algorithms typically overestimate RF power density because they do not take into account absorption of RF energy in the ground, building walls and other man-made structures. The power density summation works as follows: To calculate exposure and compliance boundaries, power density from each source (exposure value by frequency EVf) is divided by the appropriate exposure limit (ELf), creating an exposure ratio (ERf). ܧܴ௙ =ܧܸ௙ ܧܮ௙ Ratios from each source are combined to determine a total exposure ratio ܶܧܴ. This ratio is used to determine exposure and compliance boundaries. ܶܧܴ =෍ܧܴ௜ ௡ ௜ୀଵ IXUS uses the calculated ܶܧܴ to create graphical 3D compliance boundaries around all of the antennas combined and to determine the exposure at any location. Additionally, a conservative and verified modelling technique for 5G beamforming antennas in IXUS is also used. The simulation accuracy of the IXUS calculation module has been verified extensively with full-wave EM simulations using FEKO. All antenna models that are used in the IXUS modeler undergo a rigorous verification process, whereby manufacturer data obtained from datasheets or pattern information is compared to that of the IXUS antenna model, during the synthesis process.