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HomeMy WebLinkAbout20260939 Adj to 362 Lake Ave Verizon Utility Pole Application Subject to the FCC Shot Clock of 90 days for Small Wireless Facility Using a New Structure - 83 Fed Reg 51867 codified at 47 CFR § 1.6003(c)(1)(iii) 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. NM 61-S Adj. to 362 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 AiroSmith / Consertus Sara Colman, Site Acquisition Specialist 318 West Ave Saratoga Springs, New York 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 19, 2026 Subject to the FCC Shot Clock of 90 days for Small Wireless Facility Using a New Structure - 83 Fed Reg 51867 codified at 47 CFR § 1.6003(c)(1)(iii) 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. NM 61-S – Adj. to 362 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 a proposed replacement utility pole. 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 37.3± 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 21.8± feet in height and will be replaced with the proposed utility pole measuring 34.0± feet in height . The property is located in the right of way along Lake Ave., City of Saratoga Springs, Saratoga County, New York (NM 61-S). [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 / Lexington Dr intersection, and to the neighborhood along Lexington Dr. south of NY-29, 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-home level of coverage along a 0.5± mile section of NY-29 (from Henning Rd to and beyond the I-87 underpass), and the northern portion of the neighborhood south of NY-29 between the Myers Education Center on Henning Rd and I-87 (i.e., homes along Lexington Rd, Concord Dr, Bunker Hill Dr, etc.). [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”). 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’ equipment will be in operation twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Verizon Wireless is applying for review by the Design Review Board.2 The premises is located in the UR-1 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. 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 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 Circet USA; 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 Lexington NY29 Micro Cell Communications Facility Radio Frequency Analysis Verizon is proposing to collocate a new microcell facility on a replacement wooden utility pole located off NY State Route 29 (NY-29) / Lake 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 / Lexington Dr intersection, and to the neighborhood along Lexington Dr south of NY -29. Due to distance and the relatively dense tree canopy along the roads and homes along them, 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 3 4.0± ft. tall replacement utility pole at the NY-29 / Lexington Rd intersection. Verizon’s specific “Lexington NY29” microcell objectives are to extend reliable wireless service and improved in-home level of coverage along a 0.5± mile section of NY-29 (from Henning Rd to and beyond the I-87 underpass), and the northern portion of the neighborhood south of NY-29 between the Myers Education Center on Henning Rd and I-87 (i.e., homes along Lexington Rd, Concord Dr, Bunker Hill Dr, etc.). Verizon’s closest wireless macro facilities to the proposed microcell are its “Oklahoma Track” site (3/4± miles west on The Grove at Saratoga Apartments rooftop) and the “Loughberry Lake” site (1.0± miles northeast on the American Tower 100 ft. monopine facility off Weibel Ave). Due to a combination of distance and the dense tree canopy (specifically between Verizon’s “Oklahoma Track” facility - where Verizon’s antennas are below the thick row of pine trees on the east side of the Grove Apartments property – and the proposed microcell), 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 / Lexington Rd improvement area. In researching the existing co-locatable structures near the NY-29 / Lexington Rd intersection, the existing utility pole on the north side of NY-29 across from Lexington Rd 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, south along Lexington Rd and the surrounding neighborhood. Given the chosen pole’s desirable location and ability to “see” along NY-29 and Lexington Rd, Verizon is proposing to collocate its microcell facility on a replacement wooden pole where existing Utility Pole # NM 61-S is located. Calculated coverage from the proposed Lexington NY29 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 circle labeled “Lexington NY29” is placed at the proposed microcell utility pole location. As the results demonstrate, the proposed microcell will successfully cover the majority of the targeted NY-29 / Lexington Rd area. When complete, mobile devices attempting to access or remain connected to Verizon’s network will seamlessly and reliably connect via the 2 Lexington NY29 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 Lexington NY29 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 34.0± 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 coverage and performance along NY-29 and the Lexington Dr neighborhood; coverage and network performance is insufficient in this area due to distance and the relatively dense tree canopy along the local roads and surrounding homes. The proposed facility will resolve this gap in reliable service. Date: October 12, 2026 Prepared by: Rick Andras Rick Andras Radio Frequency (RF) Design Engineer Verizon Wireless 12861.114 Looking Southwest from the intersection of Lake Ave and Wedgwood Dr. The proposed Verizon Wireless Equipment will be visible from this location. Distance from the photographic location to the proposed site is 70’± P-1 S -1 12861.114 Looking Southwest from the intersection of Lake Ave and Wedgwood Dr. The proposed Verizon Wireless Equipment will be visible from this location. Distance from the photographic location to the proposed site is 70’±