HomeMy WebLinkAbout20200229 Neuman Building Verizon Wireless Forms and Statement of Intent t9`\;113��t'K1 ( 1 1. �� ,�11'1'l.lt .�11 lt);A'�� G4'(1,L �'�U 1 E51� r1L:l I�.Y 1 l:�U„
�FOR OFFICE USE�
�``������ � ����� CITY OF SARATOGA SPRINGS
r,
��� j (ApplicationfJ)
� �� ,� ;� �;- Planning Board
- , `"� � CITY HALL-474 BROADWAY (oate received)
- �"t,. � � SARATOGA SPRINGS, NEW YORK 12866-2296
�
TEL: 518-587-3550. FAX: 518-580-9480
��:�,,,Nrc+: ��
HTTP:/NVWW.SARATOGA-SPRINGS.ORG
APPLICATION FOR: SPECIAL USE PERMIT (Rev:s-8-19
NametVerizon Wireless "Oklahoma Track" Communications Facility
Property 233 Lake Avenue
Address/Location:
Tax Parce� #: 166.-4-22. 1 zoning District: UR-1
(for example: 165.52-4-37)
Proposed Use:
Type of Special Use Permit: � Permanent ❑ Temporary ❑ Renewable ❑ Modification
APPLICANT(S)* OWNER(S) (If t10t appllCBnt) ATTORNEY/AGENT
Name
Cellco Partnership d/b/a Verizon Wireless Neumann Building, LLC David C. Brennan, Esq.
Address 1275 John St, Ste 100 18 Division St, Ste 401 5 Palisades Dr, Ste 300
Phone West Henrietta NY 14586 Saratoga Springs NY 12866 Albany NY 12205
Email dbrennan@youngsommer.com
Identify primary contact person: ❑ Applicant ❑ Owner B Agent
* An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in
question.
Please check the following to affirm information is included with submission.
❑■ Sketch Plan Attached:
Applicant is encouraged to submit sketch plans showing features of the site and /or neighborhood and illustrate
proposed use.
� Environmental Assessment Form:
All applications must include a completed SEQR Short or Long Form. SEQR Forms can be completed at
http://www.dec.ny.gov/permits/6191.html.
❑ Water Service Connection Agreement- For all projects including new water connections to the City system,
a copy of a signed water service connection fee agreement with the City Department of Public Works is
required and MUST be submitted with this application.
❑■Application Fee: 900.00 .... $300 - modifications (check box)
A check for the total amount made payable to: "Commissioner of Finance" MUST accompany this
application.
City of Saratoga Springs p.1 of 2
Application for Special Use Permit
�■ 3 hard copies ('`1 signed original) and one electronic copy (PDF) of complete application and ALL
attachments.
Submission Deadline - Check City's website (www.saratoga-springs.arg) for meeting dates.
Does any City officer, employee or family member thereof have a financial interest (as defined by General
Municipal Law Section 809) in this application? YES NO X . If YES, a statement disclosing the
name, residence, nature and extent of this interest must be filed with this application.
I, the undersigned owner, leasee or purchaser under contract for the property, hereby request Special Use
Permit approval by the Planning Board for the identified property above. I agree to meet all requirements
under Section 240-7.1 of the Zoning Code of the City of Saratoga Springs.
Furthermore, I hereby authorize members of the Planning Board and designated City staff to enter the property
associated with this application for purposes of conducting any necessary site inspections relating to this
application.
�'_`\.,�) � �/�
A licant Si nature: �--�'� (`� �, {� Date: �Z"/'��`'
rr �
�,,;� C . C3�z,�a^�-r , ��
If applicant is not current owner, owner must also sign.
Owner Signature: Date
City of Saratoga Springs p.2 of 2
Application for Special Use Permit
�,r�z�'' �'` �',� CITY taF SARATUGA SPRINGS
� ���. • �`�� DESIGN REVIEW COMMISSlON
U f,;��•,�:�. �. City Hall-474 Braadway
� �'�� ��. SaratagaSprings, NewYork 12866
f,�Q�p(7RAfL� �g` Tel:518-587-3554�c2515 fa�c:518-580-4484
www.saratoga-springs.org
INSTRUCTI4NS
ARCHITECTURAL I HISTORIC REVIEW APP�ICATI4N
I, E�IGIBILITY:An applicant to the Design Review Commission for Architectural Review ar Histaric Review
must be the property owner(s}or lessee, ar have an option ta lease ar purchase the property in question.
2, COMPLETE SUBMlSSiONS: Applicants are encouraged to work with City staff to snsure that an application is
complete.The DRC will�consider praperly campleted applications that contain 1 oriatnal and 1
�,aital v�r, i$on._o_f the anvlication and ALL other required materials as indicated on the applicatian.
FIANDWRITTEN APPLICATIUNS WILL NOT BE ACCEPTED!!
3. ACTIONS REQlliRING REVIEW:
Architectural Review �istrict Historic Review District
• any exteriar changes that require a building permit • (nstallation ar exteriar change to a structure requiring a
• any change in exterior bullding materials building or demolition permit
• a new, or change to an existing,sign or slgn structure •any material change to exterior af a structure including:
• demolition of a structure -addition or removal of exterior architectural features
-installation, removal or material changes ta exteriar
W�thin a non-residential zaning distriet: bullding elements such as roof,siding,windaws,doars,
• a change in escterior building color porches,etc.
• installation of an awning -enclosure ar screening or buildings openings such as
windows, doors, parches,etc.
-installatlan of utility, mechanical or misc,accessory
structures to the exteriar of a building such as HVAC
equipment,solar panels,wind turbines, radioisatellite
transmissianJrecepCion devices,etc.
*Within a frant yard setback:
-installation, remova)or material changes ta drive-ar
walicways
-installation or removal of architectural,sculptural ar
vegetative screening that exceeds 3'in height
-installation of accessary utility structures ar
radio/satellite transmissianJreception dev�ces over 2' in
diameter
• a change in exteriar building color within a nan-
resldential zoning district
•a new,or change ta an existing,sign or awning
• installation of telecommunicatians facilities
Nate—Ordinary maintenanee or repair that does nat involve a change in material, design or outer appearance
is exempt fram Historic or Architectural Review.
Rev{sad 4312018
4. DESfGN GUIDEI.INES:
The Design Review Commission will evaluate whether the proposed action (construction, alteration ar
demalition} is compatible with e�tisting structures a.nd surrounding properties using the following criteria
• Neight—consistent with historic form and context of site and surraunding properties
• Scale--relationship of structure and its architectural elements to human size, form, perception
• Proportian—relationsh�p among building efements including frant far�ade,wlndows, and doars
• Rhythm—pattern resulting frorrr repeating building elements such as doorlwindaw openings, columns,
arches, and ather far�ade elements
• Directional Expression—compatibility with horizontal 8c vertical expression of surrounding structures
• Massing&Qpen Space—relatianship of structure to open space between It and adjoining buiidings
+ 5etback—compatibility with surrounding structures
• Compatibility of the fallawing with surrounding structuresJproperties:
- Major building elements (storefronts, daors,windows, roaf}
- Building materials
- Ca1or—{in non-residenCial zoning dlstricts only}
S. DECISIONs:The Design Review Commissian may approve, approve with eonditions, or disapprave an
application. The DRC may impose appropriate conditions and safeguards in cannection with its approval
including naturejquality af materials, manner af construction, and design. An applicant may appeal a denied
DRC application an the grounds af hardship.
Application approva[s shail expire within I 8 months of approval unless the praject has suf�ciently commeneed
{i.e. buildingldemolition permits obtained and constructionlalteration begun). Applieants may request up to 2
extenslons if requested befare expiration date of priar approval.
b. Su�Missiot�D�c�uN�: Check Gity's website (www.sarataga-sprin,gs.ar�}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.
Residential Structures {principal, accessory) $5�
ResidentiaJ approval—extension $��
Residential -administrative actian $�a
Non-residential 1 mixed-use structures (principal) $364
Nan-residential/mixed-use structures (sketch) $12�
Non-residential slgns, awnings, accessary structures $I 24
Nan-residential approval—extensian ��24
Nan-residential - administrative actian $I 2Q
ADDITIUNAL(NFORMATION:
More detailed information on Architectural Review, Historic Review and the �esign Review Commission
responsibilities may be found �n the City's Zoning Ordinance available in City Hall and an the City's web site at
htt�j�v�ww sarato�a-sprin�s or�/544/Zonin�-Ordinance.
Revtsed 312018
h� �''"`'`� a'r�, �ITY�F $,��RATQGA$PRI NGS �R OFFICE USEI
��' � ' ju, DESIGN REVIEW COMMISSION
� ,�. � � {Appllcation#)
�, �;;:;;�y:��j , ,� City Mall-�74 Broadway
•, `'���'"�'��} . Saratoga Springs, New Yark 12866
Hc�AHORAT£0 �9,h Tel:518-587-3550 x.515 fax:518-584-4480 {Date received)
www.saratoga-springs.org
ARCHITECTURA�/HISTORIC REVIEW APP�ICATI(3N
APPLICANT(S)'� QWNER(S��/fnatapplicant,� A'iTORNEY/AGENT
Name Cellco Partnership dJbJa Verizan Wireless Neumann Building, LLC pavid C. Brennan, Esq.
Address �275�ohn St.,Suite 100 18 Division Street,Suite 441 5 Palisades Drive, sUits saa
West Henrfetfa, NY 14586 Sarataga Springs, NY 12866 Albany, NY 12205
Phone / / 5184389907 /
Email dbrennan@youngsommer.com
Identify primary contact person: O Appltcant ❑ Owner �1 AttorneyjAgent
"�An applica.nt must be the property owner, lessee, ar one with an option to lease or purchase the property in question.
Applicant's interest in premises: ❑ C3wnar B �essee ❑ Under opt(on to lease or purchase
PROPERTY(N,�ORMATION
Property AddressJl.ocation:
233 �ake Avenue Tax Parcel#: ��� _ �' 22.1
{fore�rrampta:/65.52-4-3T}
Current�oning District: U�-� Praperty use: ❑ Residential �1 Nan-residential/mixed-use
Type af Review: �Architectural L'1 H�storic ❑ Extension/modification(af current approval)
Summary descriptlan of proposed action:
Ta coliocate a new cammunications facllity on the roaftap
Has a previaus application been filed wlth the DRC for this praperty? ❑ Nc� E7� Yes—date(s)? APrll 3O, ��'�$
-App.No.(s}?
�isga astaols
APPLICATION FEE(payable to "Commissionar af Finance"):
Residential Structures (princlpal,accessory) $50 Non-resldential J mfxed-use structures (principal} $360
Residential approval—extension $50 Non-residentlal signs, awnings,accessary structures $120
Residential-adminlstrative action $54 Non-residential approvai—extensian $�za
Non-residentia)mixed-use sketch $120 Non-residential-administrative action 0
�A "complete" application consists af 1 hard ccpv�ori�i.nal� and � electronic copy of appl�c�tion,ScALL ather
materials as required below:
New Canstructian/Additions
1� Color photographs showing siteJexterior details of existing structures and adjacent properties
I= Site plan,drawn to scale,shawing existing 8c praposed construction, property lines 8c dimensions, required&prapased setbacks&1ot
caverage,site features(fences,walks,trees,etc.};an no larger than 2'x3'sheet—smaller preferred if legible
❑ Elevation drawings showing deslgn af all sides of existing$c praposed canstruction—fabel dimenslons,coiors,materials, lighting{fixture
&famp type,wattage),etc.-include compass bearing&scale;no larger than 2'x3'sheet—smaller permitted if(egible
L� Floor plans for proposed structure;on sheet no larger than 2'x3'—smailsr permltted if legible
❑ Product litsrature,specif�catians and samples of proposed materials and colors
Cha�e in exterior building�materials (windows,doors, roaf,siding, etc.}, or calor(in non-residentlai districts only)
❑ Calor photagraphs shawing site%xterior details af existing structures and that fllustrate affectecl features
� E(evatian drawings showing all sides af existing 8c praposed construction—labef dimensions,colors,materials, lighting{fl�cture&lamp
type,wattage),etc.-include compass bearing 8c scale; no larger than 2'x3'sheet—smaller permitted if(agible
(� Praduct(iterature,specifications and samples of prapos�l materials and calors
Wltlllll ft'Otlt Y�t"d S�fibaCIC5 ICl HIStC}t"IC DISCI'ICfS Ot1IY {Frcnt setbacks:UR-1&INST-HTR=3Q';UR-4=25';UR-2,UR 3&NCUD-I=10')
-Installation, removal or change in material of drive-and walicways
-Installation ar removal of architectural,sculptural or vegetative screening over 3' in height
- Instaflation of accessory utility structures or radio/sateflite transmissionJreception devlces{more than 2'diameter}
For any of above:
❑ Color photagraphs showing site%xterior details of existing structures,and af adjacent properties
❑ Site plan showing eacisting&proposed construction:include property fines&dimensions,required&praposed setbacks 8c lat
coverage,slte features(fences,walks,trees,etc.) street names,compass bearing$c scale,no larger than 2'x3'sheet—smaller
preferred if leglble
❑ Praduct Ilterature,specifications and samples of proposad materials and colors
Signa�e 1 Awnings
E� Calor photographs showing sitejextertor details of existing structures,and ad�acent praperties
O Plan showing location of praposed sign/awning structure on buildinglpremises: no larger than I I"x l 7"
❑ Scaled Illustration of proposed signJawning structure and lettering(front view&profile):include alf dimenslons af structure;type,
dlmensions and style af lettering or loga;description af colors,materials,mounting methad and hardware
CJ Descriptlons,speci�cations of proposed lighting including fl�cture&lamp type,wwattage, mounting methad,and locatian
O Product literature,specificatians and samples of propased materlals and colors
Demolition
� Calor photographs showing stt%xterior details of existing structures,and of adJacent properties
❑ Site plan showing existing and arry proposed structures-include dimensions,setbacics,street names,compass bearing,and scale
❑Written descriptian af reasons far demolition and,in addition:
❑ For structures of"architecturalJhist�rlcal significance ,demonstrate good cause why structure cannot be preserved
„ ,� ��
❑ For structures in an architectural district that might be eliglble for listing on National Register of Historic Places,or for a
"contributing"structure in a Nationa{Register district(contact City staff},provlde plans for slte development following demolitian-
include a timetable and letter af credit far proJect completlan
Telecommunicatian facilities
C�3 Color phatographs showing site(e�tisting structures,and af adjacent properties
8 S�te plan showing existing and proposed structures:include dlmensions,setbacks,street names,compass bearing,and scale
� Scafed illustration of praposed structures:include all dlmenslons;colors,materials,lightin,g,mounting details
� Cansult Artide 240-12.22 of the City's Zaning Ordlnance and City staff to ensure compliance with requirements for vlsua!impact
assessment and exfsting and praposed vegetative screening
Revised 0312018
Request for extension of current approval
❑ Identify date of orlginal DRC approval: Current expiratfon date: Org.App.No.
❑ Describe why this extension is necessary and whether any significant changes have occurred elther on the site or in the neighborhood.
SEQR Environmental Assessment Form
�Applicants proposing the fo(lowing must complete"Part I"of the SEQR Short Environmental Assessment Form(avallable here:
http•//www dec nv Qov/docs/permits ei operations pdflseafpartone.pdfl:
-Construction or expansion of a multi-family residentlal structure(4 uniu+)
-Construction or expansion(exceeding 4,000 sq.ft,gross floor area)of a principal or accessory non-residential structure
-Telecommunications facility,radfo antennae,satellite dishes
-Demolition
Disclosure
poes any Ciry officer,employee or family member thereof have a financial interest(as deffned 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.
Certi�cation
I/we,the properry 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 denfal of this application,
I/we hereby authorize the members of the Design Review Commission and desfgnated City staff to enter the properry
associated with this application for purposes of conducting any necessary site inspections relating to this application.
Furthermore, I/we agree to meet al) requirements under Article VII for Historic Review or Article VIII for Architectural
Review of�the Zoning Code of the City of Saratoga Springs.
��� (�1�w,,,.�.._.r. Date: �-`t �'
(applicant signature)
Date:
(applicant signature)
If applicant is not the currentiy the owner of the property,the current owner must also sign.
Owner Signature: Date:
Owner Signature: Date:
Revised 03/2018
FOR QFFICE USE ONl
Thts application has been reviewed by the Zoning Enfarcement flfflcer and is being forwarded to the CommIssion.
Signature: Date:
Additianal Camments:
Rs���d os�zaia
PLANNING BOARD and DESIGN REVIEW COMMISSION
of the CITY 4F SARATOGA SPRINGS
SARATOGA COUNTY,NEW YQRK
In the Matter of the Application of
CELLCt�PARTNERSHIP df bJa Verizon Wireless
Premises: Lands njf of Neumann Building,LLC
233 Lake Avenue,Saratoga Springs,New York 12866
Sectian 166,Block 4,Lot 22.1
STATEMENT OF INTENT
SPECIAL USE PERMIT AND APPLICATION FOR ARCHITECTURAL REVIEW
I. Introduction
CELLCO PARTNEIZ�HIP djbJa Verizon Wireless{"Verizon Wireless"or the"Applicant°)
propases the constructian af an unmanned public utilityjpersonal wireless service facility (a
°communications facility"},lacated on the raoftop af an existing multiple story building owned by
Neumann Building, LLC. The prernises 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 lacated 'ut the Urban
Residential-1 (UR-1} Zoning District {the project is referred to herein as the "Qklahoma Track
Communications Facility") [TABS 1,2 and 11]
Verizon Wireless is considered a public utility for land use purposes under New Yark
decisional law (Cellular Telephone Company u. 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(�days a week,three hundred sixty-five{365}days a year.Copies of the applicable Verizon
Wireless FCC licenses are included herewith[TAB 5J.
Pursuant ta the City of Saratoga Springs Zoning Ordinance {hereinafter, the "Zoning
Ordinance )this project requires a Special Use Permit from the Plaxu�ing 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 applicatian. See§240-6.3.2(A}(2}.1
To the extent any variance relief is required for this project, this State`s highest Court
deterrnined in Rosenberg that the ordinary variance standard is inapplicable and a cellular telephone
campany applying for relief need only show that (1) the relief is "required to render safe and
adequate service," and{2)there are"compelling reasons,ecanamic or otherwise,"for needing the
variance. Cellutar Telephone Company u. Rosenberg, 82 N.Y.2c13b4,372(1993}.
' Site Plan Review is inapplicab�e 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 additionai appravals are required,we submit that this application is
consistent with the City's land use and aaning regulations and we reserve the right to supplement this submission
with additianal materiais.
1
II. Purpose of Oklahoma Track Facilitv
The purpose of the Oklahoma Track comrnunications facility is to provide an adequate and
safe level of emergency and non-emergency Verizon Wireless cornrnunications services east of
downtown Saratoga�prings. More specifically,the facility will offer significant improvements in
bath capacity (ability for the network to adequately satisfy the dernand for high speed wireless
services) and in-building coverage generally between NY State Route 50 to the north,I-87 to the
east, Saratoga Race Course and Oklahama Track area to the south, and East Avenue to the west
(including dense residential development, residences of The Grave luxury apartments, East Side
Recreatianal Park,and many businesses,parking and stable areas at and surrounding the Saratoga
Race Course and Qklahoma Training Track), thus supplying necessary capacity reiief to the
downtown Saratoga Springs sites currently serving the eastern area af the City.
The coverage currently in this area of Saratoga Springs originates from Verizon Wireless'
existing wireless telecammunications facilities called "Loughberry Lake" {located 1.4t miles
northeast on the stealth"manopine" behind the Synagogue at$4 Weibel Ave},"Sarataga Gaming
and Raceway" (located 1.4t miles south on the stealth loakout tower behind the Saratoga Casino
Hotel),"Saratoga II" (located 1.2t miles west on the rooftop af 1Q Railroad Place},and"Skidmore
Campus" (located 1.4t miles northwest on the jonssan Tawer building at Skidmore Callege). Note
that there are several small cell facilities and an C}utdoor Distributed Antenna System{"ODAS")
along Union Ave near the Saratoga Race Course, but these facilities are on utility poles and
residentialJapartment buildings and cover srnall geographic areas generally within 1000 feet of each
facility. All other Verizon Wireless facilities are too far away andjor are blacked by surrounding
terrain and vegetative clutter to provide reliable service to this specific area of Saratoga Springs,
Accordingly, construction of a new, locally-based cornmunications facility is required to
provide a dominant (i.e.,continuous) level of advanced communications service to this area. See,
Site Selectian 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 af the Verizon Wireless network in Saratoga
County, and serves as a suitable platfarm for future advanced wireless services expansion at the
proposed site and deeper inta the town's cammunities and cammercial areas.
III. Description of Land Use
Verizon Wireless proposes to collocate a new communications facility on the rooftop af The
Grove, 233 Lake Avenue, owned by Neumann Building, LLC. The new cornmunications 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 equiprnent and associated
utility service connections.
The tatal project area is a minimal portion af the existing building,which is located on an
11.27-acre parcel. The proposed lease areas on the roof and proposed irnprovements are detailed in
the Zaning I?rawings at TAB 11, The graposed cammunications facility is unrnanned,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 additian,
neither pedestrian nor vehicular access to the prernises will be impacted[see Zoning Drawings at
TAB 11].
IV. Compliance with General Cit�Requirements for Telecommunications Facilities
The proposed comrnunicatians facility complies in all material respects with City
requirements:
1. Site Plan: The Applicant has pravided a Zoning Site Plan that identifies the
proposed improvements, details the leased area, and nates the surrounding
property owners and existing setbacks. [TAB 11].
2. Minimal Visual Irnpact:As noted above,Verizan 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 cammunity [TABS 9 and 11].
3. Fencing: The proposed antennas and assaciated platform equipment will be lacated
on the roof and inaecessible to the general public.Therefare,no fencing is proposed
for this facility.
4. Noise Comparison Letter: The Applicant is not praposing ta install a generatar and
therefore no naise comparison letter is being submitted.
5. Structural Analysis: The Applicant has submitted a certification with
documentatian showing that the roaftop propased for use in this pxoject is
structurally sound for this purpose [TAB 8].
6. Right to Proceed: The Applicant has pravided praof of its right to proceed as
praposed 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 tawer.
Accardingly, the provisions af Zoning Ordinance § 6,3.2(B)(2)(a) requiring a
demonstration that collacation is nat feasible are inapplicable.
9. Callocation Commitment: The proposed facility is nat a new tower which is the
type of structure traditionally subject to a collocatian comrnitment frorn 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)(Z}(c},a
Non-Interference Certificaiaon 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 ta telecommunications facilities located at Zoning
Qrdinance�6.3.2(B){2) are discussed in 5ection IV of this Statement of Intent.
A. COMPLIANCE WITH THE SPECIAL USE PERMIT EVALUATION CRITERIA:
The Zoning Urdinance§7.1.3{A) states that to ensure that the proposed use will
not adversely affect surrounding properties and comrnunity character, the
Planning Board`s evaluatian of Special Use applications shall include the
fallowing:
1. The extent to which the use is in harmony with and promates the general
purposes and intent of the Comprehensive Plan and this Chapter. The
Comprehensive Plan lists several relevant pravisions that support the
deplayment of wireless telecornmunications facilities:
• Recommended Action 3.1-25-Establish services needed to attract
global visitors and investors to the cammunity. Wireless
telecornmunications faeilities that function well and provide the required
connectivity and data speeds are a preeminent concern for traveling tourists
and business persans.The failure to praperly plan for and deploy wireless
telecommunicatians facilities will serve ta detract frorn the City's ability to
attract and host the desired visitors as the ability to maintain
carnmunications during business and leisure time activiiies continues to be a
preeminent concern of those who travel.
• Recommended Actian 3.1-30 - Promote and accomrnadate an
increase in visitors during fall, winter and spring by supporting the
diverse recreational and enterkainment amenities of the City.The stated
goal to accommodate an increase in visitors outside af the traditional
summer monthsjtrack season makes gaod business sense for the
community.That being said,with an increase in visitors,whether during the
summer ar ather seasons, the infrastructure facilities need to be present ta
accommodate that increase. As identified by Verizon Wireless,the existing
netwark requires an improvement to handle the existing traffic attempted ta
be handled by the existing network.
• Recammended Actian 3.1-40-Develap a forward-looking strategy,
including increased fiber optics and municipal wireless network(public
Wi-Fi),to accommodate the increasing prevalence af hame office activities,
telecommuters, and changing businessjcornmunity needs.Similar to this
propased action, the use of wireless telecammunications facilities is ever-
changing. Mare and more homes have cut the card and utilize w�reless
devices for cornmunications exclusively. Similarly more and more people
work from home and rely an rabust wireless networks and other
technologies for their data and communication needs.As pointed out in the
Cvmprehensive Plan, these decisians 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.
• Recomrnended Action 3.1-41 - Utilize new technologies, such as
smart phane applications and interactive websites,to promote business,
economic development, and tourisrn. In arder 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 develapments Verizon Wireless must cantinually evaluate and
upgrade its network ta meet existing and emerging dernands.The proposed
site is in an identified area that requires improved coverage and capacity.
• Recommended Actian 3.2-60 - Develap an emergency
cornmunication system that can educate,alert and pratect the public from
hazards. Any emergency cammunications system will necessarily also
include use of the wireless telecammunications network to disseminate
infarmation. For that reason, a robust, reliable netwark is necessary and
appropriate. For the Verizan Wireless network to properly continue to
functian, Verizon Wireless is continually manitaring 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
comrnunity are adequately serviced by fire,police and emergency medical
response. Ta ensure the adequate provision of emergency services, a key
carnponent is access to the 911 system. More than 55% of the households
have only a mobile phone for vaice calls. According to the National
Emergency Nurnber Association over 80%of 911 calls originate from mobile
phanes. Given these statistics, the importance of a robust
telecoxnmunications netwark that is able to handle the needs af the residents
of the City is of utmost impartance.
2. The density,intensity and campatibility of the use with the neighbarhood
and community character.The project is a small portian of the overall roof
area of an existing 31't 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 telecarnmunications 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 shart construction period,the facility is unmanned.It ernits no naise,
has na light, requires na visitars, creates no schoalchildren, demands na
municipal services,and is generally invisible ta the neighboring cornmunity.
However, it does provide a valuable public service jutility serviee by
maintaining the coverage and capacity af the Verizon Wireless
telecommunicatians network which is an impartant public safety camponent
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 accomrnadate
the occasional visits during aperation. With respect to canstruction, the
praject 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 enviranrnental and natural resources of the site and neighboring
lands including any patential erasion,flooding ar excessive light,noise,
vibration and the like,The project itseif has na ground disturbance and is
entirely within the building or an its roof.As a result there is no potential for
erosian,flooding or other environmental irnpacts deriving from the project.
The project is not propased to have lighting. There will be minor naise
typical af construction projects during the construction phase and other�vise
there is no noise associated with the ongoing operation of the facility.
Similarly there is no vibration caused by the construction or aperation of the
site.
5. The long-term economic viability af the site,neighboring praperties and
distric#s. The Applicant submits that there is no impact on the long-term
ecanomic viability af the site, neighboring properties ar districts. The
coverage and capacity that will be provided by the proposed site will
improve the economic viability af the neighboring properties.
Based upc�n the foregoing, �erizon Wireless respectfizlly submits that approval is
apprapriate in this case. In addition,Verizon Wireless notes the following:
Public Necessity
As nated above and in TABS 3 and 4, Verizon Wireless is recognized as a public utility
under New York law and a provider af personal wireless services under the federal
Telecommunications Act af 1996. This project is a public necessity in that it is required ta render
adequate and safe 4G hand-held telephone service {mabile and in-building) east of downtown
Sarataga Springs.
Location on the existing 31'±building(42.6't when including the existing penthouse)will
enable Verizon Wireless to address a sigmificant gap in wireless services in the City of Saratoga
Springs area. This praposed facility will enhance the public health,safety,welfare and convenience
by providing the residents, businesses and visitors with efficient, state-af-the-art 4G
communications services police,fire and other emergency or non-ernergency use. This,combined
with the federal mandate to expeditiously deploy advanced 4G wireless services acrass the nation
and Verizon Wireless' FCC licenses to provide such services in the City of Saratoga Springs,
demonstrates that Verizan Wireless' facility is a public necessity. Without the constructian of the
communications facility propased, the public would be deprived of an essential means of
communication, which, in turn, would jeopardize the safety and welfare af the comrnunity and
traveling public.
Compellin�Reasons for A�praval
As is demanstrated by the Applicant's Site Selection Analysis,there are significant gaps in
Verizon Wireless network coverage(mobile and in-bui.lding}east af 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 factars including dense urban
development,substantial inature vegetation and terrain in the vicinity,and the location of Verizon
Wireless' surrounding facilities. The Applicant's Radio Frequency (RF)Design Engineer has alsa
6
demonstrated that by locating wireless antennas on the buiiding rooftop at the height proposed,
Verizon Wireless can pravide an adequate and safe level of service to this area.
Location on the existing building rooftop is consistent with the objective of siting new
communicatians facilities on existing tawers or other tall structures where feasible. Verizon
V1Tireless' equipment will be lacated on a raoftop area that is well-suited for telecommunications
use.In this context,the comrnunications facility proposed has been sited to have the least practical
adverse visual effect on the environment,and any resultant visual impact is minirnal in nature and
scope.
In sum, approval of the Oklahoma Track Cornmunications Facility will enable �lerizan
Wireless to provide an adequate and safe level of hand-held 4G wireless telephane service east of
downtawn Saratoga Springs, aeross the dense residential neighborhoads, within the canfines of
applicable technological limitations and all land use requirements. The communications facility will
benefit, and will not be detrimental to, the public health, safety, marals and welfare. Given the
small degree of potentiai visual impact,this project will not be injurious to the use and enjoyrnent af
other praperty in the irnrnediate vicinity.
VI. Conclusion
Agpraval of this project will enable Verizan Wireless to continue to provide an adequate
and safe level of hand-held wireless telephone service to a busy area of the City of Sarataga 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 rnandate to build out and operate its nettivork and provide
local businesses, residents and public service entities with safe and reliable wireless
cornrnunications services. For the reasons set forth herein,Verizon Wireless respectfully submits
that this project complies in all material respects with the requirements af the City`s land use laws
and any potential impact on the cammunity created by approval of this project will be muzirnal and
of no significant adverse effect.
Attached to this Applicatian and Statement of Intent are the following:
1} Full Environmental Assessrnent Form ("Full EAF") prepared by Tectonic
Engineering&Surveying Cansultants P.C.;
2) Redacted, partially executed Building and Rooftop Lease Agreement between
Neumann Building, LLC and Cellco Partnership d JbJa Verizon Wireless;
3) Documentation of Public Utility Status and Overview af the Rosenberg Decisian;
4) Qverview of Telecommunications Act of 1996;
5) Copies of Verizon Wireless' FCC Licenses for the Saratoga Caunty area;
6} �ite 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 Sunulations prepared by
Tectonic Engineering;
10) Non-Interfcrence Letter prepared by VZW RF Engineer; and
11) Zoning Site Plan Drawings prepared by Tectonic Engineering.
Kuldly 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