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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Use Variance No.: 57-2015 Project Applicant: New Cingular Wireless, PCS, LLC (AT&T) Project Location: 1359 Ridge Road, Queensbury/MDR Zone Parcel History SP 55-2015 SEQR Type: Unlisted Meeting Date: October 21,2015 Description of Proposed Project: Applicant proposes installation and operation of a 130-foot wireless telecommunications facility and related equipment on a vacant parcel. Relief requested from restriction for placement of a telecommunications tower in a MDR zoning district Relief Required: Parcel will require a use variances as follows: 179-5-130 Telecommunication Towers—designated areas where relief is requested to locate the tower in a MDR zone that is not one of the allowed zones for a new cell tower location. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: The four(4) criteria usually associated with a use variance are different in this case. Verizon Wireless is consider a public utility under New York decisional law(Cellular Telephone Company v. Rosenberg, 82N.Y.2d 364(1993) and a provider of"personal wireless services"under the Telecommunications Act of 1996. As a result of these decisions, the following are to be shown by the public utility in order to gain a use variance: 1.) That the proposed improvement is a public necessity in that it is required to render safe and adequate service. The applicant has provided detail information about the gap in service of this area and the ability to place a structure with minimal impact to the surrounding area. 2.) That there are compelling reasons, economic and otherwise, for permitting the variance. The applicant has provided that service gap will be reduced by the placement of the structure and the height of the structure 3.) Where the intrusion or burden on the community is minimal,the showing required by the utility should be correspondingly reduced. The applicant has provided site evaluation materials as outlined in the code. In addition the applicant has been working with the APA with site and environmental review process. The applicants project may be considered to be at a minimal and still provide the capacity needed for the area of coverage. Staff comments: The applicant proposes to utilize a 10,000 sq ft area to install a 130 ft monopole cellular tower and associated equipment. The applicant has indicated that the area will be fenced in with a 40 x 60 ft area and to include a equipment shelter and a generator. The site is a new cell tower and is subject to a use variance for utility usage. The application provides details of reviewing sites that have an existing tower for shared use and locating in areas that allow new towers where neither met the needs of placement of a new tower. The applicant has provided a visual analysis and gap coverage maps. The project is located in the Adirondack Park and is already in the review process where the APA has asked for the local review to be completed before they proceed. The applicant is also completing the necessary materials for NYSDEC as the project site has an existing mining permit that is subject to modification with the DEC. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of Queensbury RESOLUTION TO: Approve/Disapprove Use Variance No. 57-2015 New Cingular Wireless, PCS, LLC (AT&T) Tax Map No. ID 279.00-1-48 /Property Location: 1359 Ridge Road The Zoning Board of Appeals of the Town of Queensbury has received an application from New Cingular Wireless,PCS,LLC (AT&T)for a variance of Section 179-5-130C of the Zoning Code of The Town of Queensbury. Applicant proposes installation and operation of a 130-foot wireless telecommunications facility and related equipment on a vacant parcel. Relief requested from restriction for placement of a telecommunications tower in a MDR zoning district. The four(4) criteria usually associated with a use variance are different in this case. Verizon Wireless is consider a public utility under New York decisional law(Cellular Telephone Company v. Rosenberg, 82N.Y.2d 364(1993) and a provider of"personal wireless services" under the Telecommunications Act of 1996. As a result of these decisions, the following are to be shown by the public utility in order to gain a use variance: 1.) That the proposed improvement is a public necessity in that it is required to render safe and adequate service. It is our finding that: 2.) That there are compelling reasons, economic and otherwise, for permitting the variance. It is our finding that: 3.) Where the intrusion or burden on the community is minimal,the showing required by the utility should be correspondingly reduced. It is our finding that: Based upon our findings above,we hereby determine that the applicant [HAS] [HAS NOT] demonstrated that the applicable zoning regulations to obtain a use variance. Based upon all of the above, RESOLUTION TO APPROVE/DENY USE VARIANCE NO.57-2015 NEW CINGULAR WIRELESS, PCS,LLC (AT&T), Introduced by who moved for its adoption, seconded by • Duly adopted this 21st day of October, 2015 by the following vote: AYES: NOES: .