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HomeMy WebLinkAbout20180400 Verizon Wireless Neumann Bldg Form and Statement NO` o^ *� OF SARATOGA SPRINGS '� ' ep % DESIGN REVIEW COMMISSION � �� '� �� ��hyH�|'474Bro�vm� ' ' ' ��%tH .:T. Saratoga Springs, New York |I866 ^nww°A np *~ Tel:s|8-587-35sOxz5|5 fax:518-580-9480 INSTRUCTIONS ARCHITECTURAL/ HISTORIC REVIEW APPLICATION I. ELIGIBILITY:An applicant to the Design Review Commission for Architectural Review or Historic Review must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. 2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure that an application is complete. The DRC will onfr consider properly completed applications that contain 1 original and 1 jglIal version of the application and ALL other required materials as indicated on the application. HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED!! 3. AcTIONS REQUIRING REVIEW: Architectural Review District Historic Review District • any exterior changes that require a building permit • Installation or exterior change to a structure requiring a • any change In exterior building materials building or demolition permIt * mnevv' �rch��Q�tomne�|st|nQ. n|�nmrn|gnwtructure * any material change tme�er|mrpfastructure|ndu6|nA: -additimnornmnnova| wf exterior architectural features • demolition ofastructure -installation, removaor material changes to exterior building elements such us roof, siding,windows, doors, Within anon'rem|dential zoning district: porches, etc. * achange |nexterior building color -enclosure or screening or buildings openings such as • installation ofanawning windows, doors, porches, etc. - installation of utility, mechanical or misc. accessory structures to the exterior of a building such as HVAC equipment, solar panels,wind turbines, radio/satellite transmissIon/receptIon devices, etc. w Within a front yard setback: - installation, removal or material changes to drive-or walkways - installation or removal of architectural,sculptural or vegetative screening that exceeds 3' in height - installation of accessory utility structures or radio/satellite transmission/reception devices over 2' In diameter • a change In exterior building color within anon- residential zon|ng6|wtrict • a new, or change to an existing,sign or awning • installation of telecommunications facilIties U u Note—��rdinary maintenance or rep�rthat does not involve a change in material, design or outer appearance 1 io exempt from Historic or Architectural Review. Revised 03/2018 4. DESIGN GUIDELINES: The Design Review Commission will evaluate whether the proposed action (construction, alteration or demolition) is compatible with existing structures and surrounding properties using the following criteria: • Height—consistent with historic form and context of site and surrounding properties • Scale—relationship of structure and its architectural elements to human size, form, perception • Proportion—relationship among building elements Including front façade, vv|ndovvo, and doors • Rhythm— pattern resulting from repeating building elements such as door/window openings, columns, arches, and other façade elements • Directional Expression —compatibility with horizontal &vertical expression of surrounding structures • Massing &Open Space—relationship of structure to open space between it and adjoining buildings • Setback—compatibility with surrounding structures • Compatibility of the following with surrounding structures/properties: - Major building elements (storefronts, doors, windows, roof) - Building materials - Color— (in non-residential zoning districts only) S. DECISIONS:The Design Review Commission may approvo, approve with cond|timns, or disapprove an application. The DRC may impose appropriate conditions and safeguards in connection with its approval including nature/quality of materials, manner of construction, and design. An applicant may appeal a denied DRC application on the grounds of hardship. Application approvals shall expire within 18 months of approval unless the project has sufficiently commenced (i.e. building/demolition permits obtained and construction/alteration begun). Applicants nnayrequest upto 2 nsions irequested before expiration date of prior approval. 6. SUBMISSION DEADLINE: Check City's website /vvvvvv.saratmga-spr|ngs.o'p\ for application deadlines and meeting dates. 7. APPLIcATION FEE: Make checks payable to the"Commissioner of Finance" and attach to top of original application. Fees are non-refundable. Reoid�n�adStructures (p�nc|pa|, acceswPm) $50 Residential appr —extension $50 Residential -administrative action $50 Non-residential I mixed-use structures (principal) $360 Non-residential /mixed-use structures (sketch) $130 Non-residential signs, awnings, accessory structures $120 |�� � ��mn-remidentia| approval —extension � Non-residential - administrative action $120 ADDITIONAL INFORMATION: More detailed information on Architectural Review, Historic Review and the Design Review Commission responsibilities may be found in the City's Zoning Ordinance available in City Hall and on the City's web site at http://www.saratoga-springs.org/544/Zoning-Ordinance. �� ts.r CITY OF SARATOGA SPRINGS [FOR OFFICEUSE1 5r� S • n ' 1l4� ccA u, DESIGN REVIEW COMMISSION E ❑ (Application#) (r `v:} )may,r, City Hall-474 Broadway Saratoga Springs, New York 12866 • /4, Saratoga N9,h Tel:518-587-3550 x.5 15 fax:518-580-9480 (Date received) www.saratoga-springs.org ARCHITECTURAL/HISTORIC REVIEW APPLICATION APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Name Cellco Partnership d/b/a Verizon Wireless Neumann Building, LLC David C. Brennan, Esq. Address 1275 John St., Suite 100 18 Division Street, Suite 401 5 Palisades Drive, Suite 300 West Henrietta, NY 14586 Saratoga Springs, NY 12866 Albany, NY 12205 Phone / / 5184389907 / Email dbrennan©youngsommer.com Identify primary contact person: 0 Applicant 0 Owner ii Attorney/Agent *An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Applicant's interest in premises: 0 Owner ® Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 233 Lake Avenue166 - - 22.1 Property Address/Location: Tax Parcel #: (for example:165.52-4-37) Current Zoning District: UR-1 Property use: 0 Residential IN Non-residential/mixed-use Type of Review: I Architectural 0 Historic 0 Extension/modiflcatlon(of current approval) Summary description of proposed action: To collocate a new communications facility on the rooftop Has a previous application been filed with the DRC for this property? 0 No 8 Yes-date(s)? April 30, 2018 -App.No.(s)? Revised 03/2018 APPLICATION FEE (payable to "Commissioner of Finance"): Residential Structures (principal, accessory) $50 Non-residential/mixed-use structures (principal) $360 Residential approval—extension $50 Non-residential signs, awnings, accessory structures $120 Residential-administrative action $50 Non-residential approval—extension $120 Non-residential mixed-use sketch $120 Non-residential -administrative action $120 "A "complete" application consists of 1 hard copy(original) , and I electronic copy of application &ALL other materials as required below: New Construction/Additions ❑ Color photographs showing site/exterior details of existing structures and adjacent properties ❑ Site plan,drawn to scale,showing existing&proposed construction, property lines&dimensions, required&proposed setbacks&lot coverage,site features(fences,walks,trees, etc.);on no larger than 2'x3'sheet—smaller preferred If legible ❑ Elevation drawings showing design of all sides of existing&proposed construction—label dimensions,colors, materials, lighting(fixture &lamp type,wattage),etc.-Include compass bearing&scale; no larger than 2'x3'sheet—smaller permitted if legible ❑ Floor plans for proposed structure;on sheet no larger than 2'x3'—smaller permitted if legible ❑ Product literature,specifications and samples of proposed materials and colors Change in exterior building materials (windows, doors, roof, siding, etc.), or color(in non-residential districts only) ❑ Color photographs showing site/exterior details of existing structures and that illustrate affected features ❑ Elevation drawings showing all sides of existing&proposed construction—label dimensions,colors,materials, lighting(fixture&lamp type,wattage),etc.-include compass bearing&scale; no larger than 2'x3'sheet—smaller permitted if legible ❑ Product literature,specifications and samples of proposed materials and colors Within front yard setbacks in Historic Districts only (Front setbacks:UR-i &iNST-HTR=30';UR-4=25';UR-2,UR-3&NCUD-I=I0') - Installation, removal or change in material of drive-and walkways - Installation or removal of architectural,sculptural or vegetative screening over 3' in height - Installation of accessory utility structures or radio/satellite transmission/reception devices (more than 2' diameter) For any of above: ❑ Color photographs showing site/exterior details of existing structures,and of adjacent properties ❑ Site plan showing existing&proposed construction: include property lines&dimensions, required &proposed setbacks&lot coverage, site features(fences,walks,trees, etc.) street names, compass bearing&scale; no larger than 2'x3'sheet—smaller preferred if legible ❑ Product literature,specifications and samples of proposed materials and colors Signage/Awnings ❑ Color photographs showing site/exterior details of existing structures,and adjacent properties ❑ Plan showing location of proposed sign/awning structure on building/premises: no larger than I I"x 17" ❑ Scaled Illustration of proposed sign/awning structure and lettering(front view&profile): include all dimensions of structure;type, dimensions and style of lettering or logo; description of colors, materials, mounting method and hardware ❑ Descriptions, specifications of proposed lighting including fixture&lamp type,wattage, mounting method,and location ❑ Product literature,specifications and samples of proposed materials and colors Demolition ❑ Color photographs showing site/exterior details of existing structures,and of adjacent properties ❑ Site plan showing existing and any proposed structures-include dimensions,setbacks,street names, compass bearing,and scale ❑ Written description of reasons for demolition and,in addition: ❑ For structures of"architectural/historical significance", demonstrate"good cause"why structure cannot be preserved ❑ For structures In an architectural district that might be eligible for listing on National Register of Historic Places,or for a "contributing"structure In a National Register district(contact City staff), provide plans for site development following demolition- Include a timetable and letter of credit for project completion Telecommunication facilities Color photographs showing site/existing structures,and of adjacent properties ❑ Site plan showing existing and proposed structures:Include dimensions,setbacks, street names,compass bearing,and scale ii Scaled Illustration of proposed structures:include all dimensions;colors, materials,lighting, mounting details Consult Article 240-12.22 of the City's Zoning Ordinance and City staff to ensure compliance with requirements for visual impact assessment and existing and proposed vegetative screening Revised 03/2018 Request for extension of current approval ❑ Identify date of original DRC approval: Current expiration date: Org.App.No. ❑ Describe why this extension is necessary and whether any significant changes have occurred either on the site or In the neighborhood. SEAR Environmental Assessment Form l Applicants proposing the following must complete"Part I"of the SEQR Short Environmental Assessment Form(available here: http://www,dec.nv,gov/docs/permits el operations pdf/seafpartone,pdf): -Construction or expansion of a multi-family residential structure(4 units+) -Construction or expansion(exceeding 4,000 sq.ft.gross floor area)of a principal or accessory non-residential structure -Telecommunications facility,radio antennae,satellite dishes -Demolition Disclosure Does any City officer,employee or family member thereof have a financial interest(as defined by General Municipal Law Section 809) in this application? ® No ❑Yes- If yes, a statement disclosing the name,residence,nature,and extent of this interest must be filed with this application. Certification I/we,the property owner(s),or purchaser(s)/lessee(s) under contract, of the land In question,hereby request an appearance before the Design Review Commission. By the signature(s)attached hereto, I/we certify that the information provided within this application and accompanying documentation Is,to the best of my/our knowledge,true and accurate. I/we further understand that intentionally providing false or misleading information is grounds for immediate denial of this application. I/we hereby authorize the members of the Design Review Commission and designated City staff to enter the property associated with this application for purposes of conducting any necessary site inspections relating to this application. Furthermore, I/we agree to meet all requirements under Article VII for Historic Review or Article VIII for Architectural Review of the Zoning Code of the City of Saratoga Springs. Dc." ( Date: zit ql St) (applicant signature) Date: (applicant signature) If applicant is not the currently the owner of the property,the current owner must also sign. Owner Signature: I Date: Owner Signature: Date: Revised 03/2018 FOR OFFICE USE ONLY This application has been reviewed by the Zoning Enforcement Officer and Is being forwarded to the Commission. Signature: Date: Additional Comments: Revised 03/2018 PLANNING BOARD and DESIGN REVIEW COMMISSION 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: Lands n/f of Neumann Building, LLC 233 Lake Avenue, Saratoga Springs, New York 12866 Section 166, Block 4, Lot 22.1 STATEMENT OF INTENT SPECIAL USE PERMIT AND APPLICATION FOR 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"),located on the rooftop of an existing multiple story building owned by Neumann Building, LLC. The premises is located at 233 Lake Avenue in the City of Saratoga Springs,Saratoga County,New York(Tax Map Parcel No. 166-4-22.1),and is located in the Urban Residential-1 (UR-1) Zoning District (the project is referred to herein as the "Oklahoma Track Communications Facility") [TABS 1, 2 and 11] Verizon Wireless is considered a public utility for land use purposes 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 41. 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]. Pursuant to the City of Saratoga Springs Zoning Ordinance (hereinafter, the "Zoning Ordinance") this project requires a Special Use Permit from the Planning Board and Architectural Review by the Design Review Commission (§ 240-7.5). Although Site Plan Review is listed as a potential approval, it is not required for this specific application. See § 240-6.3.2(A)(2).1 To the extent any variance relief is required for this project, this State's highest Court determined in Rosenberg 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). Site Plan Review is inapplicable pursuant to § 240-7.2.2(B)as the project does not result in an increase in the number of required parking spaces and there is no change in the impermeable or building coverage at the premises. In the event that the City determines that additional approvals are required,we submit that this application is consistent with the City's land use and zoning regulations and we reserve the right to supplement this submission with additional materials. 1 IL Purpose of Oklahoma Track Facility The purpose of the Oklahoma Track communications facility is to provide an adequate and safe level of emergency and non-emergency Verizon Wireless communications services east of downtown Saratoga Springs. More specifically, the facility will offer significant improvements in both capacity (ability for the network to adequately satisfy the demand for high speed wireless services) and in-building coverage generally between NY State Route 50 to the north,1-87 to the east, Saratoga Race Course and Oklahoma Track area to the south, and East Avenue to the west (including dense residential development, residences of The Grove luxury apartments, East Side Recreational Park,and many businesses,parking and stable areas at and surrounding the Saratoga Race Course and Oklahoma Training Track), thus supplying necessary capacity relief to the downtown Saratoga Springs sites currently serving the eastern area of the City. The coverage currently in this area of Saratoga Springs originates from Verizon Wireless' existing wireless telecommunications facilities called "Loughberry Lake" (located 1.4± miles northeast on the stealth"monopine" behind the Synagogue at 84 Weibel Ave),"Saratoga Gaming and Raceway" (located 1.4±miles south on the stealth lookout tower behind the Saratoga Casino Hotel), "Saratoga II" (located 1.2±miles west on the rooftop of 10 Railroad Place),and"Skidmore Campus" (located 1.4±miles northwest on the Jonsson Tower building at Skidmore College). Note that there are several small cell facilities and an Outdoor Distributed Antenna System ("ODAS") along Union Ave near the Saratoga Race Course, but these facilities are on utility poles and residential/apartment buildings and cover small geographic areas generally within 1000 feet of each facility. All other Verizon Wireless facilities are too far away and/or are blocked by surrounding terrain and vegetative clutter to provide reliable service to this specific area of Saratoga Springs. Accordingly, construction of a new, locally-based communications facility is required to provide a dominant (i.e., continuous) level of advanced communications service to this area. See, Site Selection Analysis prepared by Verizon Wireless' Radio Frequency (RF) Engineer and Site Acquisition Specialist,detailing the purpose and need for this facility[TAB 6]. This project is part of a multi-million dollar comprehensive upgrade of the Verizon Wireless network in Saratoga County, and serves as a suitable platform for future advanced wireless services expansion at the proposed site and deeper into the town's communities and commercial areas. III. Description of Land Use Verizon Wireless proposes to collocate a new communications facility on the rooftop of The Grove, 233 Lake Avenue, owned by Neumann Building, LLC. The new communications facility will consist of the following general components: • Eight (8) panel antennas, four (4) CBRS antennas and appurtenances mounted on the existing penthouse wall in four separate sectors, with an antenna centerline of approximately 47' AGL; • Telecommunications equipment on a wall-mounted platform, behind an existing parapet wall; and • Cabling connecting the antennas to the telecommunications equipment and associated utility service connections. The total project area is a minimal portion of the existing building,which is located on an 11.27-acre parcel. The proposed lease areas on the roof and proposed improvements are detailed in the Zoning Drawings at TAB 11. The proposed communications facility is unmanned,and will be visited for routine maintenance purposes approximately 2-3 times per year (only as needed). As 2 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 11]. IV. Compliance with General City Requirements for Telecommunications Facilities The proposed communications facility complies in all material respects with City requirements: 1. Site Plan: The Applicant has provided a Zoning Site Plan that identifies the proposed improvements, details the leased area, and notes the surrounding property owners and existing setbacks. [TAB 11]. 2. Minimal Visual Impact:As noted above,Verizon Wireless'facilities are designed to have a minimum possible visual effect on the surrounding community and neighborhood. Based on the surrounding tree growth,there will be little to no visual impact on the surrounding community [TABS 9 and 11]. 3. Fencing: The proposed antennas and associated platform equipment will be located on the roof and inaccessible to the general public.Therefore,no fencing is proposed for this facility. 4. Noise Comparison Letter: The Applicant is not proposing to install a generator and therefore no noise comparison letter is being submitted. 5. Structural Analysis: The Applicant has submitted a certification with documentation showing that the rooftop proposed for use in this project is structurally sound for this purpose [TAB 8]. 6. Right to Proceed: The Applicant has provided proof of its right to proceed as proposed on this site, specifically, the property owner has signed the required Saratoga Springs forms and a redacted copy of the lease agreement is attached at TAB 2. 7. Notice of Discontinuance and Removal: Verizon Wireless will notify the Zoning Officer within 30 days of the discontinuance of the approved telecommunications facility,and agrees that all equipment will be removed from the site within four(4) months of the date of discontinued use. 8. Collocation Consideration: This application is for the collocation of a telecommunications facility on an existing structure and not for a new tower. Accordingly, the provisions of Zoning Ordinance § 6.3.2(B)(2)(a) requiring a demonstration that collocation is not feasible are inapplicable. 9. Collocation Commitment: The proposed facility is not a new tower which is the type of structure traditionally subject to a collocation commitment from a structure owner. See Zoning Ordinance § 6.3.2(B)(2)(b). 10. Non-Interference Certification:As required by Zoning Ordinance§6.3.2(B)(2)(c),a Non-Interference Certification prepared by Verizon Wireless'in-house RF Engineer is attached to these materials as TAB 10. 3 11. FCC Licenses: Copies of Verizon Wireless' FCC Licenses are attached to this application as TAB 5. See Zoning Ordinance § 6.3.2(B)(2)(d). V. Compliance with Special Use Permit Standards The special use permit criteria applicable to telecommunications facilities located at Zoning Ordinance§ 6.3.2(B)(2) are discussed in Section IV of this Statement of Intent. A. COMPLIANCE WITH THE SPECIAL USE PERMIT EVALUATION CRITERIA: The Zoning Ordinance§7.1.3(A) states that to ensure that the proposed use will not adversely affect surrounding properties and community character, the Planning Board's evaluation of Special Use applications shall include the following: 1. The extent to which the use is in harmony with and promotes the general purposes and intent of the Comprehensive Plan and this Chapter. The Comprehensive Plan lists several relevant provisions that support the deployment of wireless telecommunications facilities: • Recommended Action 3.1-25 -Establish services needed to attract global visitors and investors to the community. Wireless telecommunications facilities that function well and provide the required connectivity and data speeds are a preeminent concern for traveling tourists and business persons. The failure to properly plan for and deploy wireless telecommunications facilities will serve to detract from the City's ability to attract and host the desired visitors as the ability to maintain communications during business and leisure time activities continues to be a preeminent concern of those who travel. • Recommended Action 3.1-30 - Promote and accommodate an increase in visitors during fall, winter and spring by supporting the diverse recreational and entertainment amenities of the City. The stated goal to accommodate an increase in visitors outside of the traditional summer months/track season makes good business sense for the community.That being said,with an increase in visitors,whether during the summer or other seasons, the infrastructure facilities need to be present to accommodate that increase. As identified by Verizon Wireless,the existing network requires an improvement to handle the existing traffic attempted to be handled by the existing network. • Recommended Action 3.1-40-Develop a forward-looking strategy, including increased fiber optics and municipal wireless network(public Wi-Fi),to accommodate the increasing prevalence of home office activities, telecommuters, and changing business/community needs. Similar to this proposed action, the use of wireless telecommunications facilities is ever- changing. More and more homes have cut the cord and utilize wireless devices for communications exclusively. Similarly more and more people work from home and rely on robust wireless networks and other technologies for their data and communication needs.As pointed out in the Comprehensive Plan, these decisions and activities must be deployed in a forward-looking strategy. Along the same lines, Verizon Wireless has 4 identified an existing deficiency in its network that needs to be improved to maintain services. • Recommended Action 3.1-41 - Utilize new technologies, such as smart phone applications and interactive websites,to promote business, economic development, and tourism. In order to advance this action, the smart phone network must function appropriately to have the necessary coverage,capacity and data speeds. As contemplated in the Comprehensive Plan the use of technologies is ever-changing and growing. To keep pace with these developments Verizon Wireless must continually evaluate and upgrade its network to meet existing and emerging demands.The proposed site is in an identified area that requires improved coverage and capacity. • Recommended Action 3.2-60 - Develop an emergency communication system that can educate,alert and protect the public from hazards. Any emergency communications system will necessarily also include use of the wireless telecommunications network to disseminate information. For that reason, a robust, reliable network is necessary and appropriate. For the Verizon Wireless network to properly continue to function, Verizon Wireless is continually monitoring performance and making necessary upgrades, such as this project, to maintain performance. • Recommended Action 3.4-61 -Work to ensure that all areas of the community are adequately serviced by fire,police and emergency medical response. To ensure the adequate provision of emergency services, a key component is access to the 911 system. More than 55% of the households have only a mobile phone for voice calls. According to the National Emergency Number Association over 80%of 911 calls originate from mobile phones. Given these statistics, the importance of a robust telecommunications network that is able to handle the needs of the residents of the City is of utmost importance. 2. The density,intensity and compatibility of the use with the neighborhood and community character.The project is a small portion of the overall roof area of an existing 31'±building.The Verizon Wireless lease area is minimal compared to the significant footprint of the existing building.Density is not a measure that is typically relevant to telecommunications facilities. Rather density usually measures units per acre in residential zoning matters. As such it is not applicable. The use is not intense by any standard measure. After a short construction period,the facility is unmanned.It emits no noise, has no light, requires no visitors, creates no schoolchildren, demands no municipal services,and is generally invisible to the neighboring community. However, it does provide a valuable public service/utility service by maintaining the coverage and capacity of the Verizon Wireless telecommunications network which is an important public safety component and business necessity in a vibrant community. 3. Safe and efficient pedestrian and vehicular access,circulation and parking. The proposal will not affect pedestrian and vehicular access, circulation or parking. The facility, once constructed, is unmanned and visited approximately 2 to 3 times a year. There is ample parking to accommodate the occasional visits during operation. With respect to construction, the project is minor in nature and is no different than any other construction 5 project in any large city. Measures for sidewalk barriers, traffic control and the like are not expected to be necessary given the large site. 4. The environmental and natural resources of the site and neighboring lands including any potential erosion,flooding or excessive light,noise, vibration and the like.The project itself has no ground disturbance and is entirely within the building or on its roof.As a result there is no potential for erosion,flooding or other environmental impacts deriving from the project. The project is not proposed to have lighting. There will be minor noise typical of construction projects during the construction phase and otherwise there is no noise associated with the ongoing operation of the facility. Similarly there is no vibration caused by the construction or operation of the site. 5. The long-term economic viability of the site,neighboring properties and districts. The Applicant submits that there is no impact on the long-term economic viability of the site, neighboring properties or districts. The coverage and capacity that will be provided by the proposed site will improve the economic viability of the neighboring properties. Based upon the foregoing, Verizon Wireless respectfully submits that approval is appropriate in this case. In addition, Verizon Wireless notes the following: 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 4G hand-held telephone service (mobile and in-building) east of downtown Saratoga Springs. Location on the existing 31'±building (42.6'±when including the existing penthouse)will enable Verizon Wireless to address a significant gap in wireless services in the City of Saratoga Springs area. This proposed facility will enhance the public health,safety,welfare and convenience by providing the residents, businesses and visitors with efficient, state-of-the-art 4G communications services police,fire and other emergency or non-emergency use. This,combined with the federal mandate to expeditiously deploy advanced 4G 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 Site Selection Analysis, there are significant gaps in Verizon Wireless network coverage(mobile and in-building)east of downtown Saratoga Springs, and the area within which Verizon Wireless can locate its facility and provide adequate and safe service to this area is severely constrained due to a number of factors including dense urban development,substantial mature vegetation and terrain in the vicinity,and the location of Verizon Wireless' surrounding facilities. The Applicant's Radio Frequency (RF) Design Engineer has also 6 demonstrated that by locating wireless antennas on the building rooftop at the height proposed, Verizon Wireless can provide an adequate and safe level of service to this area. Location on the existing building rooftop is consistent with the objective of siting new communications facilities on existing towers or other tall structures where feasible. Verizon Wireless' equipment will be located on a rooftop area that is well-suited for telecommunications use.In this context,the communications facility proposed has been sited to have the least practical adverse visual effect on the environment,and any resultant visual impact is minimal in nature and scope. In sum, approval of the Oklahoma Track Communications Facility will enable Verizon Wireless to provide an adequate and safe level of hand-held 4G wireless telephone service east of downtown Saratoga Springs, across the dense residential neighborhoods, within the confines of applicable technological limitations and all land use requirements. The communications facility will benefit, and will not be detrimental to, the public health, safety, morals and welfare. Given the small degree of potential visual impact,this project will not be injurious to the use and enjoyment of other property in the immediate vicinity. VI. Conclusion Approval of this project will enable Verizon Wireless to continue to provide an adequate and safe level of hand-held wireless telephone service to a busy area of the City of Saratoga Springs, within the confines of applicable technological limitations and in compliance with all applicable land use requirements.Such approval will also be in the public interest,in that it will allow Verizon Wireless to comply with its statutory mandate to build out and operate 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 requirements of the City's land use laws 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&Surveying Consultants P.C.; 2) Redacted, partially executed Building and Rooftop Lease Agreement between Neumann Building, LLC and Cellco Partnership d/b/a Verizon Wireless; 3) Documentation of Public Utility Status and Overview of the Rosenberg Decision; 4) Overview of Telecommunications Act of 1996; 5) Copies of Verizon Wireless' FCC Licenses for the Saratoga County area; 6) Site Selection Analysis and Radio Frequency (RF) Engineering Coverage Plots prepared by the Verizon Wireless Network Engineering Department and Site Acquisition Specialist; 7 7) RF Safety FCC Compliance Report prepared by EBI Consulting; 8) Structural Design Letter prepared by Tectonic Engineering; 9) Standard Visual EAF Addendum with Photographic Simulations prepared by Tectonic Engineering; 10) Non-Interference Letter prepared by VZW RF Engineer; and 11) Zoning Site Plan Drawings prepared by Tectonic Engineering. Kindly place this matter on the agenda for discussion at the next meeting of the Planning 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. Dated: February 28, 2020 Respectfully submitted, CELLCO PARTNERSHIP d/b/a Verizon Wireless David C. Brennan, Esq. Regional Local Counsel 8