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Staff Notes AV 21-11_Cellco_04 27 11 Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 21-2011 Project Applicant: Cellco Partnership / d/b/a Verizon Wireless Project Location: 89 Everts Avenue Meeting Date: April 27, 2011 Description of Proposed Project: Applicantproposes replacement of existing 182 +/- guyed AM radio tower with a new shielded 180 +/- ft. AM tower (plus 4 +/- ft. lightning rod) and construction of a 360 sq. ft. support structure on a 4.35 acre parcel off of Everts Avenue. Relief Required: Parcel will require an area variance as follows: Tower portion of the project  Shoreline/Wetland setback relief – Applicant requests 69 feet relief from the 75 foot shoreline setback requirement for the CLI zone as per §179-3-040. Support Shelter of the project  Shoreline/Wetland setback relief – Applicant requests 75 feet of relief from the 75 foot shoreline setback requirement for the CLI zone as per §179-3-040. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may be expected as a 182 foot high guyed tower currently exists on site. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could potentially place the proposed tower at a different location to reduce the amount of relief requested; however, the chosen location has a pre-existing tower and site disturbance would be minimal as compared to an alternate location. 3. Whether the requested area variance is substantial. The request concerning the tower potion of the project for 69 feet or 92% relief from the 75 foot shoreline setback requirement for the CLI zone as per §179-3-040 may be considered severe relative to the ordinance. The request concerning the support shelter portion of the project for 75 feet or 100% relief from the 75 foot shoreline setback requirement as per §179-3-040 for the CLI zone may be considered severe relative to the ordinance. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Any disturbance within a wetland may be potentially detrimental; however, the plan has erosion and sediment controls designed that may mitigate any wetland impacts. 5. Whether the alleged difficulty was self created . The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.): SP 28-11 Pending Staff comments: Currently there exists a 182 foot guyed radio tower with support structures that are slated for removal. The applicant proposes to access from the existing asphalt parking to the south of the office with a dedicated gravel drive to the proposed site. SEQR Status: Type II-no further review necessary L:\Keith Oborne\2011 Staff Notes\Zoning\April 27\AV 21-11_Cellco_04 27 11.doc Zoning Board of Appeals Community Development Department Staff Notes