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Miscellaneous Foiled Documents Aug00-29 Warren County Planning Board Project Review and Referral Form Reviewed by Board on August 9,2000 Project Name: SBA,Inc.&S.Western Bell Corp. Owner: James and Diane Fowler PI�! 1 ID Number: QBY-SPR-58-2000 TO County Project#: Aug00-29 Current Zoning: RR-3A Community: Queensbury Project Description: Applicant proposes to place a 199'tall wireless telephone tower on an 8.174 acre parcel. Site Location: 61 State Route 149. North side of Route 149,approximately 600'West of French Mountain Road. Tax Map Number(s): 8-1-51 Staff Notes: The Warren County Planning Board recommended approval of a requested use variance for the proposed action at its April 12,2000 meeting.A site plan and selected simulated views have been attached for Board member review.Additional materials are on file at the County Planning Department offices.Due to the potential visual impact to State Routes 149 and 9 and to the Warren County Bikeway,and the apparent proliferation of cell towers serving different telecommunications providers in the Town of Queensbury, Staff recommends discussion. Local actions to date(if any): County Planning Board Recommendation: Approve Local Action:/Final Dispensation (Provide reason if local action is contrary to Warren County Planning Board recommendation): 0,7 r�/l G) 06) Warren County Planning Board Date Signed Local Official Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING BOARD WITHIN 30 DAYS OF FINAL ACTION. Northeastern New York's 4.11 JAC Most Trusted Service Company Me Glens Fulls Post Star ; Ii MIND www_jackhallplumbing.com Search: I .6� Thursday, August 17, 2000 Home Local News Local News Back to Main Local News Page Regional News Nat./Int. Queensbury planning board News roundup Business Classifieds Meeting: Queensbury Planning Board, Tuesday night Community Entertainment Top story: A proposal by The Michaels Group to build 56 Food twin townhouse units on land next to Adirondack Health Community College was tabled by town planners pending Living additional information. Obituaries Opinion The Planning Board has requested that the developer obtain Religion a traffic report from the Adirondack-Glens Falls Transportation Council and has asked for further Sports information about the project's potential environmental Travel impacts. Weather Search The application will be addressed once again during a Planning Board meeting on Aug. 24 beginning at 7 p.m. The project has been proposed for a 74-acre parcel that is bounded by Haviland Road to the north, Meadowbrook Road to the east and ACC to the west. As part of the project, The Michaels Group has offered 12 acres of property at the westernmost section of the parcel to the town for a recreation area. Other actions: * An application to place-a 195-foot cellular tower on an 8- acre parcel at the base of French Mountain near the Lake George RV Park was tabled by the town Planning Board to allow the town's engineer to research the project. The application will not return for consideration until September. If approved, the tower would be built on the north side of Route 149, about one-half mile east of where the road intersects with Route 9, in a wooded area just west of French Mountain Drive. Once developed, space on the new tower will be leased to the five cellular phone providers that service the region. * A proposal to add a 3,300-square-foot addition to Mountain Side Automotive on Route 9 was tabled by town planners to allow the town time to investigate the natural buffer around the property.. The application will be reviewed again on Aug. 24. The parcel is located between the Twicwood residential neighborhood and Great Escape. Because a significant number of trees were removed when the property was originally developed, homeowners in Twicwood have pointed to the parcel as one reason why noise from the amusement park has increased. The trees acted as a natural buffer to the noise, the homeowners have said. Next meeting: 7 p.m. on Aug. 22. -- John Gereau Back to Main Local News Page Contact Info I Advertising Info I Jobs @ The Post-Star I Sitemap Local News i Regional News I Nat./Int. News I Business I Classified I Community l Entertainment Food I Health I Living I Obituaries i Opinion l Religion l Sports I Travel I Weather I Home ©2000 Glens Falls Newspapers Inc.The Post-Star.All rights reserved. This material may not be broadcast,published,rewritten or redistributed without written permission. -, 17 SE VARIANCE N0. / 1. X SIGN ( ei) PY Memorandum E 1LECUL To: Ralph Van sent From: Chris Round\ Date: April 11, 200CN-- U Re: Sprint Telecommunications Facility-Town Water Tank Locations • Attached is a copy of the Town of Queensbury's Telecommunications Towers regulation (Section 179-73.1). Based on my understanding of the project (Sprint to locate facilities on Town Tanks), Sprint would be required to make a site plan application to the Town of Queensbury Planning Board. The application should include a site plan, a visual impact assessment, a landscaping plan (if proposed), certification from the Town Water Department allowing the use of the tank, an engineers report certifying the structural integrity of the design/tank placement, and a copy of the FCC license. I have highlighted these items on the copy of the regulation attached. Please note that the Planning Board now utilizes C.T. Male Associates, P.C. for review of its projects. Ed Vopelak is familiar with both the Town's water facilities and review of telecommunication systems. He may offer some insight on the negotiations as they move forward. L:'.0 ihsR\2000 Letters\VanCusen04112000.doc TOWN OF QUEENSBURY COMMUNITY DEVELOPMENT DEPARTMENT ...,. ,...�..y . ,., .. ,. Zoning Board of Appeals— Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Lewis N. Stone, Chairman Charles A. McNulty, Secretary 192 Lake Parkway 14 Twicwood Lane Lake George,New York 12845 Queensbury,New York 12804 TO: SBA, Inc. & Southwestern Bell Corp. PROJECT FOR: SBA, Inc. 855 Central Avenue, Suite LL110 & Southwestern Bell Corp. Albany,NY 12206 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Use Variance No. 30-2000, SBA, Inc. & Southwestern Bell Corp. Meeting Date: Thursday, June 15, 2000 Approved_X - Denied Tabled Withdrawn SEQRA Review [Tabled: applicant has sixty(60 days)to come back with the application] MOTION THAT UPON REVIEW OF LONG FORM SEORA PREPARED BY THE APPLICANT, WE FIND NO ADVERSE ENVIRONMENTAL IMPACTS AND THEREFORE WE ISSUE A NEGATIVE DECLARATION IN TERMS OF THIS PROJECT, Introduced by Lewis Stone who moved for its adoption, seconded by Paul Hayes: Duly adopted this 15th day of June, 2000, by the following vote: AYES: Mr. Hayes, Mr. McNulty, Mr. McNally, Mr. Abbate,Mr. Stone NOES: Mr. Himes ABSTAINED: Mr. Bryant MOTION TO APPROVE USE VARIANCE NO. 30-2000, SBA, INC. & SOUTHWESTERN BELL CORP., Introduced by Charles McNulty who moved for its adoption, seconded by Charles Abbate: 61 State Route 149. Applicant proposes installation of a 195 foot tall wireless telephone tower, and is seeking relief for the construction of a nonconforming use, specifically the applicant requests relief from the allowable uses as outlined in the Rural Residential zone, Section 179-15. In considering the approval of this variance, we're considering four factors. First, can the page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are neressary(such as review by the Queensbury Planning Board.) L Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 continued resolution: UV 30-2000, SBA, Inc. & Southwestern Bell Corp. ZBA Meeting: Wed., June 15, 2000 applicant realize a reasonable return provided that the lack of return is substantial as demonstrated by competent financial evidence. This standard, when addressing public utilities, has been modified to consider safe and adequate service rather than reasonable return, a test of public necessity rather than unnecessary hardship where an entity requesting a Use Variance is a public utility, and this was established in the matter of Consolidated Edison vs. Hoffman, and I believe that the applicant has shown to us that there is a public necessity for improved coverage in the area in question. Number Two, is the alleged hardship relating to the property in question unique, and does this hardship apply to a substantial portion of the district or neighborhood? While the hardship may not be unique to this particular property, it is unique to this portion of Town because of the Town laws restricting the construction of cell towers to just Light Industrial areas, and there is no Light Industrial area anywhere near this part of Town. Will the requested Use Variance, if granted, alter the essential character of the neighborhood? Moderate impacts may be anticipated as a result of this action, since there are currently no structures with features or this configuration in the immediate area. However, given that a fair share of the tower will be screened by the natural trees existing in the area, I think probably the impact certainly would be no more than moderate, and perhaps minimal, and finally is the alleged hardship self-created, I would suggest that it is not self-created, in that the applicant is simply responding to the demand of the public for good service that's provided by the applicant. For these reasons, I move approval of this Use Variance. In dealing with whether the variance, if granted, will alter the essential character of the neighborhood, in assessing the impact being minimal to moderate, it's the understanding of this Board that the tower will not be lighted unless, at some point, the FAA requires it to be so, but it is our understanding, and the expectation of the applicant, that it will not be lighted. Duly adopted this 15'h day of June, 2000, by the following: AYES: Mr. Abbate,Mr. Hayes,Mr. McNulty,Mr. Stone NOES: Mr. Bryant,Mr. McNally,Mr. Himes Sincerel Lewis N. Stone, Chairman Queensbury Zoning Board of Appeals LS/sh page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary(such as review by the Queensbury Planning Board.) r- p M1_ Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Use Variance No.: 30-2000 Project Applicant: SBA, Inc. & Southwestern Bell Corp. Project Location: 61 State Route 149 Meeting Date: May 17, 2000, tabled April 20, 2000 Description of Proposed Project 5/12/00 no new Information Applicant proposes installation of a 195-foot tall wireless telephone tower and seeks relief for the construction of a non-conforming use. Relief Required: Applicant requests relief from the allowable uses as outlined in the Rural Residential zone, §179-15. Criteria for considering an Use Varlance according to Chapter 247 of.Town Law: 1. Can the applicant realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence? This standard, when addressing public utilities, has been modified to consider safe and adequate service rather than reasonable return; "....a test of public necessity, rather than unnecessary hardship, where an entity requesting a use variance is a public utility." Matter of Consolidated Edison Co. v Hoffman (43 NY2d 598). 2. Is the alleged hardship relating to the property in question unique, and does this hardship apply to a substantial portion of the district or neighborhood? The hardship does not appear to be unique to this property. Applicant SBA Inc. &Southwestern Bell Corp. Date May 17, 2000 Page-2- 3. Will the requested use variance, if granted, alter the essential character of the neighborhood? Moderate impacts may be anticipated as a result of this action as there are currently no structures of features of this configuration and size in the immediate area. 4. Is the alleged hardship self-created: The alleged hardship could be interpreted as self created. Parcel History(COriSh u tlon/sue;plan/variance,etc.) None applicable Staff comments: Based on the information submitted with the application, it is evident that "public utilities" are to be held to a slightly different test when considering a use variance for this type of use. Consideration may be given to alternate co-location sites ( Warren County Municipal Center, private tower near the intersection of Rte 149 and Moon Hill Road) and if approved, co-location of antennae on this facility in order to minimize the number of these towers. Are the antennae proposed for this tower to be digital or analog, if digital, would analog service be an alternative means of delivery whereby the coverage radius is broader? SEQR Status,;. Type: Unlisted MOTION FOR AGAINST TABLE BY SECOND VOTE: HAYES MCNULTY HIMES STONE ABBATE UNDERWOOD MCNALLY BRYANT URRICO L:\Craig12000zbanotes\51700\SBA doc Zoning Board of Appeals Community Development Department Staff Notes c7 r� 0 SI° , = 1 -cs `rc- '`'..., G, t-- Cr P ; y ti. ..t 133 , . ,F —F' �— s '`� cif" ' ct— .c. .7 ni) 5 .i. r , _./(t' '''' c- rb P r it- • (6 t --11, 5:t E plZ S 3 tE f <0- ix° A ' r e 4 ci- P -c am - a_ ' ► cat- � P e„ "-- i- ;6_ s 1 . r E 67... cr- Q. ..°E -F,' ;) 4hrizfr ` ‘ ' .'4 ° t " 2.".-4" 1.- xc r'..t p. I' t F I r 4- ro .pcf4Irs 7 ,41 --6 ;" r , L ; t.‹,— , 1 it 3 —. .6 P ; . ct- „ F-- F.3 3,_. r f-. .3-- t: <F--- F !)-_-_- 1- (+- F o c j � `h E ,$-- o} t S o P c A m ; f- g • - ; .6 �. Pb-- P , 0m p (� 5 Z. 1- rii CE1- .( g_. rb.5 L -r e , ..fi r ._....., -(t; 1 e 3 " t- ' . ÷ . 3 1 37 cri- P.- lq it `gl tr i ,,, L ._ le t .1- c ► x P- �. 4. C— +t 4 :s f A'' "g- .- (b.' t • C Lc,'1'' Q ,---- O P ° -F < F 0 —, "i' (A 71 cc.,' ,4_, —1- r z "" c .4 r r1 E •---- .+.. S i'v 1 ‘ fi T Chns Round For board of appeals proposed 149 cell tower Page 1 - IP frioirwr7 From: "Marianne McGowan" <marmcgowan@hotmail.com> To: <planning@queensbury.net> Date: 5/12/00 10:17:25 AM •MU Subject: For board of appeals- proposed 149 cell tower r:,icir VARIANCE NO. ..s.,)_.-.:c2a020 SIGN Dear Recepient; -- -�G 4 I would appreciate it if you would forward this message onto the Queensbury Board of Appeals: U I read the notification of the variance requested for a celluar phone tower on the north side of 149. As a resident of Queensbury I urge the board to reject the appeal as an inappropriate proposal for the site. Queensbury must not continue to undermind it land use standards at the whim of every developer. Placing a celluar tower on this site in my opinion is inapproriate for the following reasons: 1. 8 acre parcel is zoned residential and surrounded by other residential homes on French Mountain drive and 149. Placing a cell tower here will negatively impact these residents and home values. 2. Queensbury has a wise use policy of allowing cell towers on light industrial sites-this site DOES NOT meet that policy or Queensbury stated use standards. 3. Placing a cell tower at this location I believe would negatively impact businesses such as the Wild West Ranch and the LG RV park who are presenting a rustic Adirondack atmosphere to their guests-which does not include looking a a 195 foot blinking cell tower. It would also negatively impact the Wild West French Mountain horse trips. 4. The site would visually negatively impact the nicest section of the Warren County bike path which has proven to have great tourism value to visitors and residents alike. I urge the Board of Appeals to reject this request and direct the developer to pursue a cell tower in an approved Queenbury light industrial location. Let's adhere to the zoning guidelines!! Sincerely, Marianne McGowan Queensbury resident Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com A.r00-35 Warren County Planning Board Project Review and Referral Form April 05,2000 Project Name: SBA,Inc.&Southwestern Bell Corp. Owner: James and Diane Fowler ID Number: QBY-UV-30-2000 County Project#: Apr00-35 Current Zoning: RR-3A Community: Queensbury � I Project Description: Applicant proposes placement of a 195 ft.tall wireless telephone tower on an 8.174 acres parcel in order to provide additional wireless telephone service. Site Location: 61 State Route 149 Tax Map Number(s): 8-1-51 Staff Notes: While the applicant's attorney writes(attached letter)that recent court rulings have loosened the usually strict criteria for a use variance in the case of cell towers,which are to be treated as a public utility and granted the more lenient location standards given utilities,staff is nonetheless concerned about the visual impact of the proposed tower.The application gives no indication that any visibility tests have been conducted,or if the applicant has investigated the alternative of renting space on an existing,nearby tower.Staff recommends discussion. Local actions to date(if any): Public Hearing set for April 21,2000 County Planning Board Recommendation: Approve. Local Action:/Final Dispensation: LI/ Std-r:14) _7"--7-751‘211:711-€ kfA Warren County Planning Board Local Official