04-08-2019 SPMTG #11
Special Town Board Meeting, 04-08-2019, MTG #11 610
SPECIAL TOWN BOARD MEETING MTG#11
APRIL 8, 2019 RES#119-120
6:04 P.M. LL #2
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILWOMAN CATHERINE ATHERDEN
COUNCILMAN GEORGE FERONE
COUNCILWOMAN JENNIFER SWITZER
TOWN COUNSEL
MARK SCHACHNER, ESQ.
TOWN OFFICIALS
TERI ROSS, TOWN ASSESSOR
STEVE LOVERING, DIRECTOR OF PARKS & RECREATION
CRAIG, PLANNING & ZONING ADMINSTRATOR
PRESS
POST STAR
SUPERVISOR STROUGH called meeting to order…
(Activity Center)
SUPERVISOR STROUGH reviewed the proposed local law, a Local Law Amending
Queensbury Town Code Chapter 179 “Zoning” Section 179-5-130 “Telecommunication Towers
Including Cell Towers and Antennas”.
PUBLIC HEARING – PROPOSED LOCAL LAW TO AMEND QUEENSBURY TOWN
CODE RELATING TO AESTHETIC STANDARDS FOR SMALL CELL WIRELESS
FACILITIES
PUBLICATION DATE: MARCH 22, 2019
6:15 P.M.
SUPERVISOR STROUGH-I’d like to open the public hearing on this matter. Is there any
member of the public that wishes to speak to the proposed amending of our local law?
No one spoke.
SUPERVISOR STROUGH-Alright, seeing none, hearing none, I’ll close the public hearing.
PUBLIC HEARING CLOSED
TOWN COUNSEL SCHACHNER led the Town Board through the Full Environmental
Assessment Form, Part II:
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, the land surface
of the proposed site. NO
2. Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit
access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, minerals,
fossils, caves). NO
Special Town Board Meeting, 04-08-2019, MTG #11 611
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water bodies (e.g.,
streams, rivers, ponds or lakes). NO
4. Impact on groundwater
The proposed action may result in new or additional use of ground water, or may have the
potential to introduce contaminants to ground water or an aquifer. NO
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding. NO
6. Impacts on Air
The proposed action may include a state regulated air emission source. NO
7. Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna.
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources. NO
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in sharp contrast
to, current land use patterns between the proposed project and a scenic or aesthetic
resource. YES
a. Proposed action may be visible from any officially designated federal, state, or local
scenic or aesthetic resource. No, or small impact may occur
b. The proposed action may result in the obstruction, elimination or significant screening
of one or more officially designated scenic views. No, or small impact may occur
c. The proposed action may be visible from publicly accessible vantage points:
Seasonally (e.g., screened by summer foliage, but visible during other seasons)
No, or small impact may occur
Year round
No, or small impact may occur
d. The situation or activity in which viewers are engaged while viewing the
proposed action is:
Routine travel by residents, including travel to and from work
No, or small impact may occur
Recreational or tourism based activities
No, or small impact may occur
e. The proposed action may cause a diminishment of the public enjoyment and
appreciation of the designated aesthetic resource.
No, or small impact may occur
f. There are similar projects visible within the following distance of the proposed
project: N/A
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological
resource.
NO
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a
reduction of an
open space resource as designated in any adopted municipal open space plan. NO
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical environmental area
(CEA). YES
Special Town Board Meeting, 04-08-2019, MTG #11 612
a. The proposed action may result in a reduction in the quantity of the resource or
characteristic which was the basis for designation of the CEA.
No, or small impact may occur
b. The proposed action may result in a reduction in the quality of the resource or
characteristic which was the basis for designation of the CEA.
No, or small impact may occur
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems. NO
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy. YES
a. The proposed action will require a new, or an upgrade to an existing, substation.
No, or small impact may occur
b. The proposed action will require the creation or extension of an energy transmission
or supply system to serve more than 50 single or two-family residences or to serve a
commercial or industrial use.
No, or small impact may occur
c. The proposed action may utilize more than 2,500 MWhrs per year of electricity.
No, or small impact may occur
d. The proposed action may involve heating and/or cooling of more than 100,000
square feet of building area when completed.
No, or small impact may occur
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting. NO
16. Impact on Human Health
The proposed action may have an impact on human health from exposure to new or
existing sources of contaminants. YES
a. The proposed action is located within 1500 feet of a school, hospital, licensed day
care center, group home, nursing home or retirement community.
No, or small impact may occur
b. The site of the proposed action is currently undergoing remediation.
No, or small impact may occur
c. There is a completed emergency spill remediation, or a completed environmental site
remediation on, or adjacent to, the site of the proposed action.
No, or small impact may occur
d. The site of the action is subject to an institutional control limiting the use of the
property (e.g., easement or deed restriction).
No, or small impact may occur
e. The proposed action may affect institutional control measures that were put in place
to ensure that the site remains protective of the environment and human health.
No, or small impact may occur
f. The proposed action has adequate control measures in place to ensure that future
generation, treatment and/or disposal of hazardous wastes will be protective of the
Special Town Board Meeting, 04-08-2019, MTG #11 613
environment and human health.
No, or small impact may occur
g. The proposed action involves construction or modification of a solid waste
management facility.
No, or small impact may occur
h. The proposed action may result in the unearthing of solid or hazardous waste.
No, or small impact may occur
i. The proposed action may result in an increase in the rate of disposal, or processing, of
solid waste.
No, or small impact may occur
j. The proposed action may result in excavation or other disturbance within 2000 feet of
a site used for the disposal of solid or hazardous waste.
No, or small impact may occur
k. The proposed action may result in the migration of explosive gases from a landfill site
to adjacent off site structures.
No, or small impact may occur
l. The proposed action may result in the release of contaminated leachate from the
project site.
No, or small impact may occur
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. NO
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. NO
TOWN COUNSEL SCHACHNER-The Town Board has answered fourteen questions negatively and
four questions with affirmative indicating ‘no, to small impact may occur’. The Board can now advance
to consideration of the resolution.
SUPERVISOR STROUGH-I would also like to note for the record, the Warren County Planning Board
has reviewed our proposed amending of the law and the Warren County Planning Department finds that
the project will not create any significant inter-municipal or county-wide impacts to the items identified in
General Municipal Law 239. Also, from Robyn Burgess from the Adirondack Park Association:
Supervisor Strough, thank you for sending notice of the public hearing tonight for the proposed
amendment to the Town of Queensbury’s Zoning Law Section 179-5-130 Wireless Telecommunication
Facilities and Infrastructure. The Agency offers no comments on the amendment at this time. However
please note that the amendment is subject to Agency review and approval pursuant to the Town’s
Agency-Approved Local Land Use Program. When the Town is satisfied with the language of the
proposed amendment, please send it to the Agency along with a Resolution from the Town Board seeking
Agency approval.
COUNCILWOMAN SWITZER-On page 5 of the draft law, 3c, should it be fifty or thirty-five?
Town Board held discussion and agreed to fifty feet.
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION
AND ENACTING LOCAL LAW NO.: 2 OF 2019 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 “ZONING”
SECTION 179-5-130 “TELECOMMUNICATION TOWERS
INCLUDING CELL TOWERS AND ANTENNAS”
Special Town Board Meeting, 04-08-2019, MTG #11 614
RESOLUTION NO.: 119, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Federal Communications Commission (FCC) adopted the “Wireless
Infrastructure Order” (the “Order”) including the “Declaratory Ruling” and the “Third Report and
Order”, and
WHEREAS, the purpose of the Order was to remove regulatory obstacles that inhibit the
deployment of small cell wireless facilities infrastructure necessary for 5G and other advanced
wireless services, and
WHEREAS, the FCC recently clarified that localities that wish to enforce aesthetic
requirements for small cell wireless facilities must have these requirements published by April
th
15, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2019,
A Local Law Amending Town of Queensbury Chapter 179 “Zoning” Section 179-5-130
“Telecommunication Towers Including Cell Towers and Antennas” to amend the Town Code to
include aesthetic requirements for small cell wireless facilities as presented at this meeting,
hereinafter referred to as the “legislation,” and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public
Hearing prior to the adoption of any Local Law and the Town Board duly conducted a public
hearing, heard all interested parties and closed the public hearing concerning the proposal on Monday,
th
April 8, 2019, and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of the proposal, and
WHEREAS, the Town Board has considered the conditions and circumstances of the
legislation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
legislation will not have any significant adverse environmental impact and a SEQRA Negative
Declaration is made, and authorizes and directs the Town Clerk and/or Director of Planning, Zoning
and Code Compliance to file and publish a SEQRA Negative Declaration - Notice of Determination
of Non-Significance with respect to the legislation, and
BE IT FURTHER,
Special Town Board Meeting, 04-08-2019, MTG #11 615
RESOLVED, that the Town Board hereby adopts Local Law No.: __ of 2019, A Local Law
Amending Town of Queensbury Chapter 179 “Zoning” Section 179-5-130 “Telecommunication
Towers Including Cell Towers and Antennas” to amend the Town Code to include aesthetic
requirements for small cell wireless facilities, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of the Local Law and/or Zoning Map to the Town Planning Board,
Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning
Department in accordance with §179-15-080(D) of the Town Zoning Law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the
Local Law with the New York State Secretary of State in accordance with the provisions of the
Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon
filing with the Secretary of State.
th
Duly adopted this 8 day of April, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
LOCAL LAW NO.: 2 OF 2019
A LOCAL LAW AMENDING TOWN OF QUEENSBURY
CHAPTER 179 “ZONING” SECTION 179-5-130
“TELECOMMUNICATION TOWERS
(INCLUDING CELL TOWERS AND ANTENNAS”
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS:
Section 1. Authority – This Local Law is adopted in accordance with New York Town Law
Article 16 and the Municipal Home Rule Law.
Section 2. Amendment of Chapter 179 “Zoning” – Chapter 179 of the Queensbury Town Code,
entitled “Zoning,” Section 179-5-130 entitled “Telecommunication towers (including cell towers and
antennas)” is hereby amended to be entitled, “Wireless Telecommunication Facilities and Infrastructure”
and to include aesthetic requirements for small cell wireless facilities. The provisions of this Chapter are
severable. If any Article, section, subdivision or provision of this Chapter shall be invalid, such invalidity
Special Town Board Meeting, 04-08-2019, MTG #11 616
shall apply only to the Article, section, subdivision or provision adjudged invalid, and the rest of this
Chapter shall remain valid and effective.
Section 3. Section 179-5-130 entitled, “Telecommunications towers (including cell towers
and antennas)” is amended to change the title to: “Wireless Telecommunication Facilities and
Infrastructure” towers (including cell towers and antennas).
Section 4. Section 179-5-130 (A) entitled, “Enabling authority” is hereby amended as
follows:
A. Enabling authority. The Planning Board is hereby authorized to review and approve,
approve with modifications or disapprove site plans consistent with Town Law §274-a
which concern the placement and operation of wireless telecommunications towers
facilities.
Wireless Telecommunication Facilities includes, among others things: antennas, towers,
macrocells and small cells or small wireless facilities (also known as: 5G, next-
generation wireless, nodes, femtocells, picocells and microcells and Distributed Antenna
Systems (DAS) and related infrastructures).
Section 5. Section 179-5-130 (B) entitled, “Purpose” is hereby amended as follows:
B. Purpose.
(1) The purpose of this section is to establish uniform standards for the siting, design,
permitting, maintenance, and use of wireless telecommunication facilities and
infrastructure in the Town of Queensbury. While the Town recognizes the
importance of wireless communication facilities in providing high quality
communication service to its residents and business, the Town also recognizes
that it has an obligation to protect and promote the health, safety and general
welfare of its the residents of the Town of Queensbury, to provide standards for the
safe provision of telecommunications consistent with applicable federal and state
regulations and to protect the natural feastures and aesthetic character of the Town
of Queensbury and to minimize the adverse effects of such facilities.
(2) These regulations are to provide for the managed development of wireless
telecommunication facilities and are not intended to prohibit or have the effect of
prohibiting the provision of personal wireless services nor shall they be used to
unreasonably discriminate among providers of functionally equivalent services
consistent with current federal regulations.
(3) By enacting these regulations, the Town intends to:
Special Town Board Meeting, 04-08-2019, MTG #11 617
(a) Provide for the managed development of wireless telecommunication
facilities in a manner that enhances the benefits of wireless
communication and accommodates the needs of Town residents and
wireless carriers in accordance with federal, state and local laws and
regulations;
(b) Establish fair and efficient processes for review and approval of
applications;
(c) Establish procedures for the design, siting, construction, installation,
maintenance and removal of wireless telecommunication facilities in the
Town;
(d) Address and provide for new wireless technologies, including but not
limited to micro cell and distributed antenna systems ("DAS")
technologies;
(e) Encourage the collocation of wireless communication facilities, on
existing structures rather than the construction of a new support
structures; and
(f) Protect Town residents and businesses from potential adverse impacts of
wireless communication facilities, to the extent permitted under law, and
to attempt to preserve the visual character of established communities and
the natural beauty of the landscape.
(g) Minimize safety hazards and avoid potential damage to adjacent
properties through proper locational, engineering and operational
requirements.
(h) Minimize adverse visual and aesthetic impacts of wireless
telecommunication facilities to the maximum extent practicable through
careful design, siting, landscaping, screening and innovative
camouflaging techniques.
(i) Protect the physical appearance of the Town and preserve its scenic and
natural beauty.
(j) Protect the public health, safety and welfare.
(k) Protect property values of the community.
(l) Minimize the impact of such facilities on residential properties.
Special Town Board Meeting, 04-08-2019, MTG #11 618
(m) Encourage the siting of wireless telecommunication services facilities on
properties and areas which are not used exclusively for residential
purposes.
(n) Protect, to the maximum extent practicable, aesthetic qualities, the open
space character of the Town of Queensbury, the property values of the
community, the health and safety of citizens and a citizen's ability to
receive communication signals without interference from other
communication providers, while not unreasonably limiting competition
among communication providers.
Section 6. Section 179-5-130 subsection C entitled “Designated Areas” is amended to
be entitled “Placement of telecommunications facilities” and as follows:
C. Designated Areas. Placement of telecommunications facilities:
(1) Placement of telecommunications towers is Tower facilities are restricted to
certain areas within the Town of Queensbury. There areas are as follows:: in any
Commercial Light Industrial (CLI) and Heavy Industrial (HI) Zoning District or
co-located on any property where a telecommunications tower or other tall structure
(structures over 50 feet in height) exists.
(2) Small cell facilities in areas where underground utilities are required or where
existing utility infrastructure is already buried are restricted in the following
ways:
a. Adding poles or using streetlights or existing poles is prohibited.
b. Must be located in a public right-of-way.
c. Must locate in the immediate common area of the current utility cluster
location (i.e. electric, cable, telephone).
d. May not exceed five (5) feet in height.
e. All wiring and accessory equipment shall be installed underground.
f. Prohibited in town parks and recreational areas.
(3) Small cell facilities restrictions in other areas:
a. Up to three (3) small cells will be allowed per utility pole if technically
feasible and if in the determination of the Planning Board there are no
safety or aesthetic concerns.
b. Not allowed on ornamental street lighting poles.
c. New poles may not exceed fifty (50) feet and a pole may be required to be
Special Town Board Meeting, 04-08-2019, MTG #11 619
of a smaller height if the initial proposal is deemed out of character with
the neighborhood as determined by the Planning Board.
d. In commercial zones only, may be permitted on buildings, signs or other
existing structures once the Planning Board has reviewed for visual
impacts and approved.
e. Placement on town-owned streetlights, other than ornamental, is allowed
after receiving review and approval for a Special Use Permit.
f. All lighting on small cell facilities is not allowed unless required by law.
g. Not permitted within 200 feet of a residence.
h. No part of the facility may project into areas that pedestrians use and may
inhibit their use or jeopardize their safety, like sidewalks and other
designated pedestrian designated areas.
i. The Planning Board is empowered to condition the issuance of a Special
Use Permit, such as the use of stealth technologies or other measure
which mitigate visual effect.
Section 7. Section 179-5-130 is amended to add a new subsection D entitled “Special
Use Permit” as follows:
D. Special Use Permit. Special use permits for any and all telecommunication facilities
must be applied for and issued only after receiving permission from the Town Planning
Board and paying of applicable fees, and prior to installation.
Section 8. Section 179-5-130 is amended to add a new subsection E entitled “Fees” as
follows:
E. Fees.
1. Single up-front/non-recurring application fee for up to five Small Wireless
Facilities: $500 and $100 for each additional wireless facility in a single
application.
2. Co-location on a permitted wireless facility:$200
3. New pole, not a collocation: $1,000
4. Small Wireless Facility: $270 per year
5. ROW access fee: $270 per year
6. Attachment to municipally-owned structure (not streetlights) in the ROW: $270
per year
Special Town Board Meeting, 04-08-2019, MTG #11 620
7. Placement on town-owned streetlights, other than ornamental. The maximum
contract is ten (10) years and the annual fee is $500 per small cell per pole.
Section 9. Section 179-5-130 is amended to reletter subsection entitled “Applicability
of Regulations” from “D” to “F” and also amend as follows:
D. F. Applicability of regulations.
(1) No telecommunications tower facility shall hereafter be used, erected, moved,
reconstructed, changed or altered, and no existing structure shall be modified to
serve as a telecommunications tower facility, except after demonstration of
conformity with these regulations and issuance of a zoning permit and/or site plan
approval pursuant to this chapter.
(2) Exceptions to these regulations are limited to new uses which are accessory to
residential uses, and lawful or approved uses existing prior to December 15, 1997,
the original effective date of the Town’s telecommunications towers regulations.
(3) Where these regulations conflict with other laws and regulations of the Town of
Queensbury, the more restrictive shall apply, except for tower telecommunication
facility height restrictions, which are governed by these standards.
Section 10. Section 179-5-130 is amended to reletter the remaining subsections to read
in correct alphabetical order.
Section 11. Severability – The invalidity of any clause, sentence, paragraph or provision
of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 12. Repealer – All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. As stated in Section 2,
this Local Law is specifically intended to supersede the provisions of the current Town of
Queensbury Chapter 140.
Section 13. Effective Date – This Local Law shall take effect upon filing in the office of
the New York State Secretary of State or as otherwise provided by law.
(Town Board adjourned to Supervisor’s Conference Room)
WORKSHOP DISCUSSIONS:
Park & Recreation commission Capital Projects for 2019
Presentation by Steve Lovering, Director of Parks & Recreation and Greg Hewlett, Recreation
Commissioner
Assessment Department Personnel Changes
Teri Ross, Town Assessor
Traffic Logic
Mark Gregory, Consultant
Special Town Board Meeting, 04-08-2019, MTG #11 621
WISP Committee
Town Supervisor John Strough
Proposed Bay Ridge Rescue Squad Building Addition
Presentation by Regina Ladd, Captain, Rachael Frasier, Vice President and Connie Tucker
Amending Waterfront Residential Zone
Councilwoman Catherine Atherden and Craig Brown, Planning & Zoning Administrator
Occupancy Tax and Community Fund Distribution Evaluation Instruments
Councilwoman Jennifer Switzer
Digital Signage
Councilman Anthony Metivier
SUPERVISOR STROUGH spoke to the Town Board regarding an issue in the Town’s server
room, it is overheating and will need immediate repair. I plan to have a resolution prepared for
Monday’s agenda.
RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING
RESOLUTION NO.: 120, 2019
INTRODUCED BY: Mrs. Jennifer Switzer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Special Town Board Meeting.
th
Duly adopted this 8 day of April, 2019 by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury