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