Loading...
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.