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Staff Notes_8 20 19 Town of Queensbury Planning Board Community Development Department Staff Notes August 20, 2019 Site Plan 49-2019 VERIZON WIRELESS Special Use Permit 2-2019 347 Aviation Road / NC – Neighborhood Commercial / Ward 3 SEQR Type II Material Review: application, site drawings, coverage data, special use permit. Parcel History:Site Plan 7-2019 __________________________________________________________________________________________ Requested Action Recommendation to the Zoning Board of Appeals to remove an existing small cell wireless facility on the roof of an existing Stewart’s Shops store. The applicant proposes a new small cell facility to be located on a proposed light pole to be installed with the new store. Resolutions 1. Recommendation Project Description Applicant proposes to remove an existing small cell wireless facility on the roof of an existing Stewart’s Shops store. The applicant proposes a new small cell facility to be located on a proposed light pole to be installed with the new store. The project includes lease of a 10 x 10 sq. ft. area with the light pole and cell facility height at 31 ft. 9 inches – light pole at 15 ft. 6 inches. Pursuant to Chapter 179-5-130 and 179-10 of the Zoning Ordinance, Variance: telecommunication towers shall be subject to Planning Board review and approval. Relief is sought for setback. Planning Board shall provide a recommendation to the Zoning Board of Appeals . Staff Comments  Location-The project is located at 347 Aviation Road at the proposed new Stewart’s Store.  Arrangement- The proposed tower is to be located on a proposed light pole to be located on the east side of the parking lot.  Site Design- The existing site will have a new Stewart’s store, fuel canopy, associated parking, landscaping and lighting.  Site conditions-The proposed small cell wireless facility is to be located on a lease area of 100 sq ft with a 20 ft easement for the applicant to access and provide maintenance to tower.  Grading and drainage plan, Sediment and erosion control – The Stewart’s store has previously approved and there are no changes to the drainage plan or erosion control to the site.  Landscape plan – The landscaping for the store has been previously approved for the Stewart’s store and there are no changes.  Site lighting plan – The lighting for the store has been previously approved for the Stewart’s Store and there are no changes.  Utility details- The small cell facility will obtain power through the store.  Elevations – The plans show the elevation of the tower and heights of the light, tower and tower equipment.  Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal.  The waivers requested–Staff finds it reasonable to request a waiver as these items are typically associated with commercial projects.  Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Section 179 – Small Cell Facilities Small cell facilities restrictions in other areas: (a)Up to three 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. –[[1473,908,2121,965][12][,I,][Times New Roman]]One small antennae is proposed [[2117,908,2140,965][12][,,][Times New Roman]] [[208,965,225,1022][12][,I,][Arial]] [[150,966,208,1023][12][,I,][Times New Roman]](b) [[224,966,286,1023][12][,,][Times New Roman]]No [[286,966,1189,1023][12][,,][Times New Roman]]t allowed on ornamental street lighting poles. [[1189,966,1202,1023][12][,,][Times New Roman]] [[1202,966,1219,1023][12][,,][Times New Roman]]- [[1219,966,2369,1023][12][,I,][Times New Roman]]Cell facility is being places on an interior light pole on a [[225,1023,658,1080][12][,I,][Times New Roman]]commercial property. [[658,1023,684,1080][12][,I,][Times New Roman]] [[205,1080,225,1137][12][,I,][Arial]] [[150,1081,205,1138][12][,I,][Times New Roman]](c) [[224,1081,2409,1138][12][,,][Times New Roman]]New poles may not exceed 50 feet and a pole may be required to be of a smaller height if the initial proposal is deemed out of character with the neighborhood as determined by the Planning Board.-[[2000,1138,2012,1195][12][,I,][Times New Roman]] [[2012,1138,2382,1195][12][,I,][Times New Roman]]The proposed cell [[216,1196,1420,1253][12][,I,][Times New Roman]]facility is to be 31.75 ft and includes the 15 ft 6 in light pole [[1420,1196,1446,1253][12][,I,][Times New Roman]] (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. -[[1509,1311,2393,1368][12][,I,][Times New Roman]]The cell facility is compliant as it is located [[225,1368,1965,1425][12][,I,][Times New Roman]]in the Neighborhood Commercial Zone and is to be located on the proposed light pole. [[1965,1368,1988,1425][12][,,][Times New Roman]] [[205,1425,225,1482][12][,I,][Arial]] [[150,1426,205,1483][12][,I,][Times New Roman]](e) [[225,1426,625,1483][12][,,][Times New Roman]]Placement on Town [[625,1426,641,1483][12][,,][Times New Roman]]- [[641,1426,1496,1483][12][,,][Times New Roman]]owned streetlights, other than ornamental, [[1496,1426,2247,1483][12][,,][Times New Roman]]is allowed after receiving review and approval for a special use permit. -[[921,1483,2283,1540][12][,I,][Times New Roman]]The cell facility is to be located on light pole within Stewart’s Store [[218,1541,410,1598][12][,I,][Times New Roman]]property. [[410,1541,436,1598][12][,I,][Times New Roman]] [[197,1597,225,1654][12][,I,][Arial]] [[150,1598,197,1655][12][,I,][Times New Roman]](f) [[225,1598,1678,1655][12][,,][Times New Roman]]All lighting on small cell facilities is not allowed unless required by law. [[1678,1598,1691,1655][1 2][,,][Times New Roman]] [[1691,1598,1716,1655][12][,,][Times New Roman]]– [[1716,1598,1729,1655][12][,,][Times New Roman]] [[1727,1598,2152,1655][12][,I,][Times New Roman]]No lighting is propos [[2152,1598,2348,1655][12][,I,][Times New Roman]]ed on the [[225,1656,600,1713][12][,I,][Times New Roman]]top of the antenna. [[600,1656,626,1713][12][,I,][Times New Roman]] [[208,1712,225,1769][12][,I,][Arial]] [[150,1713,208,1770][12][,I,][Times New Roman]](g) [[224,1713,1121,1770][12][,,][Times New Roman]]Not permitted within 200 feet of a residence. [[1121,1713,1134,1770][12][,,][Times New Roman]] [[1134,1713,1151,1770][12][,,][Times New Roman]]- [[1151,1713,1855,1770][12][,I,][Times New Roman]]The proposed cell facility is to be 1 [[1855,1713,1942,1770][12][,I,][Times New Roman]]72.5 [[1942,1713,1954,1770][12][,I,][Times New Roman]] [[1945,1713,2334,1770][12][,I,][Times New Roman]]ft from the nearest [[225,1771,1878,1828][12][,I,][Times New Roman]]residence and the applicant is applying for an area variance to be less than 200 ft. [[1878,1771,1904,1828][12][,I,][Times New Roman]] (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. [[1768,1886,1794,1943][12][,I,][Times New Roman]]– [[1794,1886,1807,1943][12][,I,][Times New Roman]] [[1807,1886,2398,1 943][12][,I,][Times New Roman]]The cell facility is located on [[225,1943,1498,2000][12][,I,][Times New Roman]]a light pole interior to the Stewart’s Store and will not interfere [[1498,1943,1512,2000][12][,I,][Times New Roman]] [[1511,1943,1852,2000][12][,I,][ Times New Roman]]with pedestrians. [[1852,1943,1875,2000][12][,,][Times New Roman]] (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. –[[1371,2058,1384,2115][12][,I,][Times New Roman]] [[1384,2058,2341,2115][12][,I,][Times New Roman]]The cell facility is a single tower and the board [[150,2116,398,2173][12][,I,][Times New Roman]]may conside [[398,2116,1560,2173][12][,I,][Times New Roman]]r mitigating the visual effect if determined to be necessary [[1560,2116,1573,2173][12][,,][ Times New Roman]]. [[1573,2116,1596,2173][12][,,][Times New Roman]] Special Use Permit (General Criteria) Section 179-10-070  Harmony with the Comprehensive Plan – [[1102,2292,2413,2349][12][,I,][Times New Roman]]The applicant has indicated the small cell facility is consistent [[224,2349,896,2406][12][,I,][Times New Roman]]with the comprehensive plan by p [[896,2349,1990,2406][12][,I,][Times New Roman]]roviding communication access across the community. [[1990,2349,2016,24 06][12][,I,][Times New Roman]]  Compatibility- [[535,2411,2412,2468][12][,I,][Times New Roman]]The small cell facility is considered compatible with the neighborhood as it designed to be [[225,2468,1353,2525][12][,I,][Times New Roman]]compact and fits with the proposed parking lot lighting. [[1353,2468,1379,2525][12][,I,][Times New Roman]]  Access, circulation and parking –[[909,2529,1056,2586][12][,I,][Times New Roman]]The sm [[1056,2529,2414,2586][12][,I,][Times New Roman]]all cell facility is to be located on a proposed light pole that was [[218,2586,1809,2643][12][,I,][Times New Roman]]previous approved and would not interfere with vehicular or pedestrian traffic. [[1809,2586,1832,2643][12][,,][Times New Roman]]  Infrastructure and services – [[837,2648,2400,2705][12][,I,][Times New Roman]]The small cell facility is to use existing infrastructure for power and is to [[2400,2648,2412,2705][12][,I,][Times New Roman]] [[225,2705,1413,2762][12][,I,][Times New Roman]]connect to the fiber optic network of the proposed building. [[1413,2705,1436,2762][12][,,][Times New Roman]]  Environment and natural features –[[961,2766,981,2823][12][,I,][Times New Roman]] [[981,2766,2413,2823][12][,I,][Times New Roman]]The small cell facility is designed to fit on a light pole to minimize [[225,2823,780,2880][12][,I,][Times New Roman]]impacts to the environment. [[780,2823,806,2880][12][,I,][Times New Roman]]  Long-term effects –The applicant has indicated the small cell facility will provide coverage to the surrounding community and the Queensbury school district campus. - 2 - Nature of Variance The applicant proposes to install a small cell facility on a proposed light pole to be 172.5 ft from the nearest residence where 200 ft is required. Summary The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setback. st Meeting History: 1 meeting - 3 -