Updated Special Use Criteria Updated as of 7/22/19
Young n Sommer
ATTORNEYS AT LAW
EXECUTIVE WOODS,FIVE PALISADES DRIVE,ALBANY,NY 12205
Phone:518-438-9907•Fax:518-438-9914
www.youngsommer.com
David C.Brennan,Esq.
Writer's Telephone Extension: 224
dbrennan®a youngsommer.com
July 23, 2019
Via E-Mail and Regular Mail
Laura Moore
Land Use Planner
Town of Queensbury
742 Bay Road
Queensbury,New York 12804
RE: Application of Cellco Partnership d/b/a Verizon Wireless for Area Variance,
Site Plan Review and Special Use Permit Approval for Lands n/f of Stewart's
Shops Corp.—347 Aviation Road (SBL 301.8-1-33)
Dear Ms. Moore:
This office serves as Regional Local Counsel to Cellco Partnership d/b/a Verizon
Wireless. I am in receipt of your project review notes and comments and submit this letter to
address them. I have restated or summarized the comment and the response follows in italics.
1) The application forms need to have the "Site Development Data" sections completed.
Response: Revised forms are attached as Exhibit 1.
2) A survey of the parcel needs to be submitted. Response: A copy of the Stewarts
Shops, Inc. survey is attached as Exhibit 2.
3) The site plan set needs to be updated to identify the adjacent apartment building and
the setback distance between the apartment building and the proposed small cell
facility. Response: I have referred this to Tectonic Engineering. They have updated
the plans at Sheet C-1 which is attached as Exhibit 3. As a result of the revised plan,
the requested variance is hereby amended to 27.5 feet.
4) The narrative portion of the application needs to address the Special Use Permit
approval criteria located at Zoning Law 179-10-060(A)-(F): Response: The criteria
are restated below with information addressing the factors provided.
Laura Moore,Planner Updated as of 7/22/19
July 23,2019
Page 2
Zoning Law § 179-10-060 General criteria. Before issuing any special use permit, the Planning
Board shall consider the public health, safety and general welfare as well as potential
environmental impacts. A special use permit shall not be granted until the Planning Board finds
that the following criteria have been met:
A. Harmony with Comprehensive Plan. The proposed use shall be in harmony with and
promote the general purposes and intent of the Comprehensive Plan, and this chapter and the
health, welfare and safety of the Town and its residents.
Response: In the Town of Queensbury's Comprehensive Plan (adopted in 2007), the
Town identifies the importance of economic stability. One recommendation in achieving
economic stability was to increase communications access in the community (Page 52).
The Town recognized that communication technology is an integral part of all sectors of
today's economy. The Comprehensive Plan also points out that the Town will provide
public safety services to its residents (Page 5). It is clear that the Comprehensive Plan
was meant to be flexible in allowing new technology that provides a service to its
residents, while at the same time protecting the environment and the viewshed that are so
important to the community. This proposed communications facility completely accords
with these goals.
B. Compatibility. The proposed use shall be compatible with the character of
neighborhood, the area, the zoning district and the community surrounding the location of the
proposed use and will not unduly prohibit or discourage future planned growth in the area.
Response: As noted throughout the application materials, this project involves the
collocation of a small cell wireless facility on a proposed light pole that will be installed
regardless of whether the Verizon Wireless project proceeds. The light pole is located at
the interior of the site and is screened and buffered from any significant views from off-
site locations. However, even if the light pole were able to be viewed by the traveling
public, the facility as incorporated into a light pole is of a slim design with the equipment
contained within a an enclosure rendering at unobtrusive and discrete.
C. Access, circulation and parking. The proposed use shall have safe and efficient access
for pedestrians and vehicles, and shall provide for appropriate off-road parking and loading
areas. The interior circulation system must be adequate to provide safe accessibility to all
parking spaces and ensure that adequate and safe integration of pedestrian and vehicular
movement is provided.
Response: The collocation of a small cell facility on a light pole that will be installed at
the Stewart's location as part of their site redevelopment will have no impact on access
for pedestrians and vehicles or any other site plan concern regarding pedestrians or
vehicular movement. The light pole location is already approved by the Planning Board
Updated as of 7/22/19
Laura Moore,Planner
July 23, 2019
Page 3
and the addition of the small cell facility to it does not implicate any of the above
considerations.
D. Infrastructure and services. There shall be sufficient infrastructure and services,
including utilities, public facilities and services, available for the proposed use or the project
shall extend or provide infrastructure and services for the area where the proposed use is located.
There shall also be facilities and services implemented by the applicant to appropriately control
any potential nuisances from the operation of the use, such as control of litter or trash, loitering
and crime prevention, and any other features or aspects of the operation of the proposed use that
may affect the public safety, health and general welfare.
Response: The proposed project requires a minor amount of electricity and will derive
its supply from the proposed Stewart's building. No additional upgrade to the electric
supply is required because of this application. In addition, the facility will be connected
to the fiber-optic network through a connection to the proposed building. Beyond that,
the project requires no other infrastructure or services from the community at large.
E. Environment and natural features. The proposed use shall be compatible with and
appropriately protect environmental and natural resources, including the environmental and
physical suitability of the site for development, and the general landscaping, screening and
buffering shall be in character with the surrounding areas, and the risk of fire, flood or erosion
and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to
the public health, safety and welfare shall be minimized to the maximum extent practicable.
Response: As noted above, the project is small in size and significantly screened
although it would have no or a nominal visual presence without screening due to the fact
that it is relatively small and the equipment is largely enclosed within a small cabinet
attached to the light pole. There is no risk of fire,flood or erosion or other impacts or
emissions from the facility.
F. Long-term effects. The proposed use shall provide positive or beneficial effects on the
long-term economic stability, environmental integrity and community character of the Town and
surrounding properties, districts and uses.
Response: The small cell facility is proposed to allow Verizon Wireless to continue to
provide an adequate and appropriate amount of RF coverage to the immediate
surrounding community and in particular the school district campus to the east. The
provision of reliable hand-held telecommunication services to the community should be
viewed as an asset as it allows emergency, business and personal communications.
Having reliable telecommunications services the school district campus is generally
viewed as a significant benefit in emergency and other situations. Given the nature of
small cell facilities, there is no negative impact on environmental integrity or community
character.
Laura Moore,Planner Updated as of 7/22/19
July 23,2019
Page 4
If you should have any questions or require any further information concerning this
project,please do not hesitate to contact me. Thank you for your consideration.
Very truly yours,
ti
David C. Brennan, Esq.
Encl.