Staff Notes Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Use Variance No.: PZ-0045-2015
Project Applicant: Cellco Partnership d/b/a Verizon Wireless
Project Location: 373 Route 149
Parcel History: SP PZ-0038-2015
SEQR Type: Unlisted
Meeting Date: January 20, 2015
Description of Proposed Project:
Applicant proposes 199' lattice tower for cell tower. The project will occur on 100' x 100' area of an 11.81 acre
parcel. Project includes utilizing an existing gravel drive to access the project area. The site currently has
residential use and an existing 297 ft. tall radio tower that has been evaluated for colocation and determined to
have constructional constraints. Existing tower would need additional structural supports for Verizon usage—
would not cover any additional add-ons—i.e. emergency services.
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
li in the code. 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 199 ft lattice cellular tower and associated
equipment. The area to be fenced in will be 75 ft X75 ft and will be accessed by an existing drive path on the
site. The site also contains a home and existing 297 ft radio tower.
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
\i=-
Town of Queensbury
Use Variance Resolution To: Approve/Disapprove
Applicant Name: Cellco Partnership d/b/a Verizon Wireless I
File Number: PZ-0045-2015
Location: 373 Route 149
Tax Map Number: 278.00-1-20
ZBA Meeting Date: Wednesday, January 20, 2016
The Zoning Board of Appeals of the Town of Queensbury has received an application from Cellco
Partnership d/b/a Verizon Wireless for a variance from Section(s) 179-3-040 of
the Zoning Code of The Town of Queensbury. Applicant proposes 199' lattice tower for cell tower.
The project will occur on 100' x 100' area of an 11.81 acre parcel. Project includes utilizing an
existing gravel drive to access the project area. The site currently has residential use and an
existing 297 ft. tall radio tower. Variance: Relief requested from restriction for placement of a
telecommunications tower in a RR-3A 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 and restrictions have caused unnecessary hardship.
Based upon all of the above, I make a MOTION TO: APPROVE /DENY Use Variance PZ-0045-
2015 Cellco Partnership d/b/a Verizon Wireless
Introduced by: ,who moved for its adoption, Seconded by:
Duly adopted this 20th day of January 2016, by the following vote:
AYES:
NOES: