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200218 Code Compliance Statement 1 ZONING BOARD OF APPEALS of the TOWN OF QUEENSBURY PLANNING BOARD of the TOWN OF QUEENSBURY WARREN COUNTY, NEW YORK In the Matter of the Application of ___________________________________________________________________ Tillman Infrastructure, Verizon Wireless and AT&T Premises: Lands n/f of Burke Brothers Builders, Inc. NYS Route 149, Queensbury, New York Section 288.8, Block 1, Lot 21 ___________________________________________________________________ STATEMENT OF INTENT and APPLICATION FOR USE VARIANCE, SITE PLAN REVIEW and SPECIAL USE PERMIT I. Introduction TILLMAN INFRASTRUCTURE, VERIZON WIRELESS and AT&T (collectively the “Applicant”) propose the construction of an unmanned public utility/personal wireless service facility (a "communications facility") on the north side of NYS Route 149 in the Town of Queensbury, Warren County, State of New York (Tax Map Parcel No . 288.8-1-21) (the “premises”). Verizon Wireless and AT&T are considered public utilities for land use purposes under New York decisional law (Cellular Telephone Company v. Rosenberg 1, 82 N.Y.2d 364 [1993]), and providers of “personal wireless services” under the federal Telecommunications Act of 1996 (the “TCA”). The carriers’ equipment will be in operation twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Pursuant to the Town of Queensbury Zoning Law (hereinafter, the “Zoning Law”) placement of a new telecommunications facility requires Site Plan Review from the Town of Queensbury Planning Board for this location. [See Zoning Law § 179-5-130(A)(1)]. In addition, the Zoning Law references the need for a Special Use Permit from the Planning Board for such a facility at §179-5-130(D). The premises is zoned Rural Residential 3 acre (RR-3A). Zoning Law § 179-5- 130(C)(1) provides that tower facilities are restricted to the Commercial Light Industrial (CLI) or Heavy Industrial (HI) zoning districts. Accordingly, a Use Variance is also required at this location. The Applicant respectfully submits this Statement of Intent in support of its application for Site Plan Approval, Special Use Permit issuance and Use Variance issuance. II. Purpose of the Facility The purpose of the Project is to provide an alternative location from which Verizon Wireless and AT&T can continue to transmit pursuant to their respective FCC licenses. Presently, Verizon 1 In Rosenberg, the State’s highest Court determined that the ordinary variance standard is inapplicable and a cellular telephone company applying for relief need only show that (1) the relief is “required to render safe and adequate service,” and (2) there are “compelling reasons, economic or otherwise,” for needing the variance. Cellular Telephone Company v. Rosenberg, 82 N.Y.2d 364, 372 (1993). 2 Wireless and AT&T are both collocated on the adjacent American Tower Company (ATC) tower. Verizon Wireless and AT&T have attempted to negotiate business terms for their continued use of the ATC tower. However, after an extended period of time, ATC has not provided business terms that are at market rates and, as a result, both Verizon Wireless and AT&T are seeking to relocate (and upgrade) their facilities to the proposed Tillman tower site. Notably, the Town of Queensbury Zoning Law § 179 -5-130(I)(4)[2] provides that a new tower may be placed on a lot not already containing a tower when an applicant documents good faith efforts to secure shared use from the owner of each existing tall structure, existing or approved telecommunications tower and lot already containing a telecommunications tower. Such documentation shall include written requests to each owner, estimated expenses and an explanation of the physical, technical and/or financial reasons why co-location on an existing telecommunications tower, shared use of an existing tall structure or location on a lot already containing a tower is not practical in each case. Here the Applicant has provided detailed information as to the financial reasons why continued use of the existing adjacent tower is not practical. The Town’s Zoning Law contemplates the exact issue that has arisen in this matter and has identified that an applicant need not be held as a financial hostage to an existing tower owner that refuses to provide a market-based rent. ATC’s claim that the Applicant cannot meet the Use Variance test because ATC’s tower is already in existence is demonstrably incorrect by reference to the Town’s own Zoning Law. III. Description of Land Use The telecommunications facility will consist of the following general components: • a proposed 195± ft. lattice tower (199± ft. when including a 4± ft. lightning rod); • AT&T - up to twelve (12) panel antennas and related equipment mounted at the top position of the tower (194± ft. centerline elevation); • Verizon Wireless - up to twelve (12) panel antennas and related equipment mounted at the second position on the tower (182± ft. centerline elevation); • an unmanned equipment platform for AT&T’s base equipment; • an unmanned equipment platform for Verizon Wireless’ base equipment; • coaxial cables connecting the antennas and tower mounted equipment to the equipment platforms; • GPS units and associated cabling; • Emergency generators (potential); • and all related ground equipment and utility services (power and telephone/fiberoptic services) The communications facility will be located on a 100± ft. x 100± ft. (10,000± sq. ft.) lease area. A 30± ft. easement area will provide the Applicant with access and utility services to and from the premises. The Applicant will construct a driveway to access the lease area, running north from State Route 149 to the tower yard. The tower and all associated equipment will be enclosed within a 75± ft x 75± ft fenced compound area. The proposed communications facility is unmanned and will be visited for routine maintenance purposes approximately one time each month. As such, the project will not have any impact on existing water and sewage services. In addition, neither pedestrian nor vehicular access will be significantly impacted. 3 IV. Compliance with Site Plan Review and Special Use Permit Requirements and Rosenberg Standard A. COMPLIANCE WITH ROSENBERG STANDARD /USE VARIANCE CRITERIA: 1. Facility is Necessary: The Applicant has provided expert proof in the form of plots from its Radio Frequency (RF) Design Engineer demonstrating that (i) in the absence of a site in this location there will be an inadequate and unsafe level of Verizon Wireless coverage in the Queensbury area; (ii) a communications facility is necessary to provide adequate and safe wireless coverage to this area; and (iii) the proposed tower at the proposed location will provide comparable coverage to that from the existing tower without any degradation to the network. 2. Compelling Reasons for Approval: a. Proposed Site Meets Coverage Objectives: As is demonstrated by the Applicant’s Radio Frequency Plots the area within which the Applicant can locate its facility and maintain adequate and safe service to the Town of Queensbury area is limited. The subject site is the most suitable candidate for a new wireless facility. As the Town is aware, there are no other tall structures upon which to collocate and there are no areas in the vi cinity of the tower that are zoned CLI or HI so as to permit a communications tower absent a use variance. b. Financial Reasons are an Appropriate Basis Under the Town’s Zoning Law for a New Tower: The Town’s Zoning Law at 179-5-130(I)(4)(a)[2] specifically contemplates the situation that has occurred here. Before being allowed to build a new tower, an Applicant must demonstrate that it has made efforts to use existing towers or tall structures and acknowledges that there may be times that dues to financial terms or physical or structural condition of an existing tower that use of the exiting tower is impractical. Indeed, these two Boards made a similar determination for the next communications site immediately east of this location (373 NY Route 149 (SBL 278-1-20)) upon a showing that the tower was structurally incapable of supporting the loading for a communications carrier. In similar terms, upon the information submitted, the Applicant has made the case that the financial terms relative to the existing tower facility are onerous. Quite ironically (and in a financially self-serving manner), ATC states that the Applicant should not be granted a use variance because both carriers are already on their tower, apparently confirming their belief that they can hold the carriers financially captive. There would be no such argument if Verizon Wireless and AT&T sought an initial deployment and could not come to financial terms. Under the Zoning Law there is no debate that they would be entitled to relief. Clearly, it is not palatable for Verizon Wireless and AT&T to go off-air and remove their equipment and then come back to the Town with their financial argument. 3. Rosenberg Relief is Both Necessary and Unavoidable: With the exception of the ATC tower discussed at length herein, there are no existing towers or other tall 4 structures of sufficient height within the designated search area (or surround ing vicinity) that can be used to provide adequate and safe coverage and capacity to the Queensbury area. As such, Rosenberg relief is both necessary and unavoidable in this case. B. COMPLIANCE WITH SITE PLAN APPLICATION REQUIREMENTS, §179-9-080 The proposed communications facility complies in all material respects with the Site Plan Review requirements of the Town of Queens bury Zoning Law, as identified in § 179-5-130(H): 1. General requirements. The Applicant submits a complete, detailed site plan, showing all existing and proposed structures and improvements. 2. Visual Impact Analysis. The potential visibility is illustrated by the colored photosims provided as part of the Application. 3. There is existing vegetation which provides natural screening of the proposed communications facility. The following standards are listed on page 5 of the Town’s Site Plan Application form and follow Zoning Law 179-9-080: A. Consistency with the Town’s Comprehensive Plan – In the Town of Queensbury’s Comprehensive Plan (adopted in 2007), the Town identifies the importance of economic stability. One recommendation in achieving economic stabilit y 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 ser vices 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. All other requirements of the Site Plan Review Law – Please see the Town application form, as well as this Statement of Intent with attachments. All other requirements of the Site Plan Review Law and applicable zoning requirements are met, including all dimensio nal, bulk, and density regulations. C. Pedestrian activity internally – Not impacted by this application D. Sewage and Sewage disposal – Not applicable. There will be no water service to the facility and no sewage will be generated or discharged. E. Harmony with Zoning Code – A new tower facility is allowed under Zoning Law 179-5- 130(I)(4)(a)[2]. Further, the proposed facility is in harmony with all other aspects of the Town of Queensbury zoning code, as demonstrated in this Statement of Intent. F. Traffic and parking – The site will only be visited about once per month for maintenance (as needed) and will therefore have no significant impact on traffic and parking. Ample on-site parking is provided. G. Off-street parking and loading – After installation is complete, other than monthly maintenance visits (as needed), there will not be any parking or traffic generated from this new proposal. H. No undue adverse impact – Noted throughout these materials and in the photosims. I. Pedestrian traffic access and circulation – Not impacted by this application. 5 J. Stormwater drainage facilities – Not impacted by this application. Any minor increase in stormwater will be handled on site. K. Water supply and sewage disposal – Not applicable. The facility will not use water or generate sewage. L. Screening and existing vegetation – The existing tree line provides a natural screen for the proposed equipment. M. Fire lanes and fire hydrants – not impacted by this application. N. Design of structures and roadways – Please see the zoning drawings. The design has a minimal impact on the environment a nd surrounding landscape. As noted on the plans, the facility will be designed to comply with applicable codes. O. Design standards – Please see Town application form and Statement of Intent. All design elements conform to the Town of Queensbury landscaping and design standards. C. COMPLIANCE WITH SITE PLAN APPLICATION REQUIREMENTS, §179 -9-080 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 chapt er and the health, welfare and safety of the Town and its residents. Please see discussion above. 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. The facility has been proposed immediately adjacent to an existing tower which currently defines the character of the neighborhood. By placing the site immediately adjacent to an existing site, any impact to the community is localized. Moreover, any areas that have a view of the new tower already have a view of the existing tower. No light is proposed, keeping the tower consistent with the adjacent site. 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. This is discussed throughout this Statement. After construction, the site will be visited approximately once per month as needed. Pedestrians and the public will not have access to the site. D. Infrastructure and services. There shal l be sufficient infrastructure and services, including utilities, public facilities and services, available for the proposed use or the project shall extend or provide infra structure 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 tra sh, 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. These items are not relevant to an unmanned communications facility. Once constructed, the site is not regularly visited and is not open to the public. 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, 6 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. The construction phase will result in temporary increases in noise, much like that of any construction project. Appropriate erosion control measures will be employed. A NEPA Report evaluating impacts on a variety of environmental concerns was submitted as part of the application. The report does not identify any significant impacts on the environment or natural resources. Once in operation, communication towers to not create any fumes or dust. There is no light proposed on this tower. The heavy tree growth on the site will adequately screen the base of the tower and the base station equipment. Because the tower is proposed to be immediately adjacent to an existing tower, the community character is not impacted. 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. The proposed site will allow Verizon Wireless and AT&T to upgrade their facilities and spend limited budget dollars on needed upgrades rather than above-market rents. As greater than 70% of all 911 call originate from a wireless phone and more than 50% of households have “cut the cord” maintaini ng a robust and effective wireless network in more important than ever. The community character is already defined by an existing tower and this proposal is in accordance with the Zoning Law as it seeks to cluster the new tower immediately adjacent to the existing tower. D. COMPLIANCE WITH APPLICABLE REQUIREMENTS FOR “TELECOMMUNICATION TOWERS (including cell towers and antennas),” §179-5-130 Subsection I of section 179-5-130 requires tower specific requirements in addition to the standard site plan review requirements discussed above. Standards for placement Subsections J through O of section 179-5-130 requires tower specific requirements in addition to the standard site plan review requir ements discussed above. 1. §179-5-130[J]: Setbacks. The communications facility and equipment will comply with all existing setbacks within the affected zone . 1. §179-5-130[K]: Access and parking. The telecommunication facility will utilize a new curb cut and driveway. Parking for service vehicles is provided. 2. §179-5-130[L]: New Telecommunications Tower Design. The proposal will meet the following standards: (a) §179-5-130[L][1] – Future Shared Use: As identified in these materials the tower is designed to hold up to four (4) telecommunications providers. (b) §179-5-130[L][2] – Maximum Height: The tower height is set to maintain the level of existing coverage for both AT&T and Verizon Wireless while at the same time not triggering a requirement from 7 the FAA to light the tower for aircraft safety. Despite ATC’s claims to the contrary, the proposal does not violate the maximum height limit in the zoning district, as this provision controls. (c) §179-5-130[L][3] – Review by Town: The Code notes that the Town may request review of the application by a qualified engineer to evaluate the need for and design of a tower. (d) §179-5-130[L][4] – Accessory Structures to blend with Natural Surroundings: Current screening can be seen on the zoning drawings. The existing landscaping at the tower site will not be significantly altered. Due to the site’s separation from surrounding properties, additional landscaping will not be required to screen lower portions of the tower or base station equipment from view. To the extent that barbed wire is not allowed under the Zoning Law as claimed by ATC, the Applicant requests a variance/waiver to this requirement as the facility is unmanned and the fencing is not visible in any significant manner from off-site locations. Notably Zoning Law 179-5-070(A)(1) allows barbed wire for “utility purposes.” (e) §179-5-130[L][5] – No Use of the Site for Advertising: Any required emergency contact information and RF safety signage will be posted on the tower yard access gate and/or equipment platforms/pad s. No other signage is proposed or required. Advertising signage is not proposed. (f) §179-5-130[L][6] – Tower lighting and Painting: The tower has been sited and sized to avoid FAA obstruction lighting and painting. A copy of the FAA determination that no such marking is necessary is included with the application materials. The tower will not be painted. Rather it will be galvanized steel that will weather to an unobtrusive muted gray color, thereby minimizing visual impact to the extent practicable. 4. §179-5-130[M] - New Towers to be Sited to Have the Least Practical Adverse Visual Effect on the Environment: The communications facility and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. Photosimulations of the proposed facility are included with the application material s. As noted above, the equipment platform will be a muted gray color, and all equipment will not be significantly visible from off site. The proposed tower has been sited adjacent to an existing significantly larger tower (collocated/clustered). When viewed in this context, the proposed tower is not obviously different from or in contrast to current land uses. As shown in the photosimulations, the tower proposed tower appea r shorter than the existing tower and areas of visibility are thereby limited and/or consistent with existing visibility. Given the location and presence of the existing tower and the need for improved coverage to this area of the Town of Queensbury, the proposal will not diminish the public enjoyment or cause a significant adverse impact to the environment. 5. §179-5-130[N] – Planning Board Authority to Impose Conditions: The Applicant notes that the Code provides the Planning Board with the authority to impose reasonable conditions and restrictions as are directly 8 related to and incidental to the proposed telecommunications tower site plan. 6. §179-5-130[O]: Removal upon abandonment. The applicant hereby commits that as the owner of the telecommunications tower or antenna and his/her successors in interest to notify the Zoning Administrator within 30 days of the discontinuance of use of the tower or any antenna affixed to a tower or other tall structure. E. STATE ENVIRONMENTAL QUALITY REVIEW ACT COMPLIANCE – NO SIGNIFICANT ADVERSE EFFECT ON THE ENVIRONMENT The details substantiating a Negative Declaration under SEQRA are attached as Appendix A hereto. Based upon the foregoing, Verizon Wireless respectfully submits that the requested Use Variance, Site Plan and Special Permit approval is appropriate in this case. V. Conclusion Approval of this project will enable AT&T and Verizon Wireless to continue to provide an adequate and safe level of wireless telephone service to a busy area of Queensbury, within the confines of applicable technological limitations and in compliance with all applicable land use requirements. Such approval will also be in the public interest, in that it will allow AT&T and Verizon Wireless to comply with its statutory ma ndate to build out its network and provide local businesses, residents and public service entities with safe and reliable wireless communications services. For the reasons set forth herein, the Applicant respectfully submits that this project complies in all material respects with the Site Plan Review, Special Use Permit and Variance requirements of the Town of Queensbury Zoning Law and any potential impact on the community created by approval of this project will be minimal and of no significant adverse ef fect. Kindly place this matter on the agenda for discussion at the next meetings of the Zoning Board of Appeals and the Planning Board. In the meantime, if you should have any questions or require any additional information concerning this project, I can be reached at (518) 438-9907. Thank you for your consideration. Respectfully submitted, David C. Brennan, Esq. Young/Sommer, LLC Dated: February 17, 2020 9 APPENDIX A RATIONALE SUPPORTING NEGATIVE DECLARATION UNDER SEQRA Impact on Land This project will result in a small to negligible impact on land. The project site is located on a la rge (2.44± acre) vacant parcel. Ingress, egress and utility services (power and telephone/fiber) will originate from NY Route 149 along a proposed gravel access road. Utilities will be installed underground in a trench adjacent to the access drive. The access road runs in a generally northerly direction from NY 149 to the base station yard. The self-supporting tower facility and ground equipment will be located within on a 100 ft. x 100 ft. lease area in a location characterized by dense, mature trees. The proposed tower facility and associated ground equipment are located inside a 75 ft. x 75 ft. fenced tower yard. The lease area/tower compound will be accessed o ver a proposed gravel access road. When combined with the construction of the tower compou nd, there will be a total of 0.25± acres of grading/disturbance. The parcel is a large property in an area of residential, forested, commercial and recreational uses. Due to the relatively low height of the facility, FAA obstruction lighting is not requir ed at this site. The communications facility will be unmanned, and visited for routine maintenance purposes approximately once per month (only as needed). As such, this project will not have any impact on existing water and sewage services. In addition, neither pedestrian nor vehicular access will be significantly impacted. Adequate parking is provided for emergency vehicles and/or infrequent maintenance visits adjacent to the fenced tower compound. A six (6) foot high chain link safety fence (with three strands of barbed wire at top) will be installed to secure the tower site and protect the telecommunications equipment from unauthorized access. Impact on Water The proposed Communications Facility will not result in any significant impact upon (a) any water body, protected or non-protected, (b) surface or groundwater quality or quantity, or (c) drainage flow or patterns, inclusive of surface water runoff. No NYS or federal regulated wetlands are located on, or in close proximity to, the work to be constructed for the tower compound. There is an existing water feature on the site. Standard sedimentation and erosion control techniques will be implemented at the site during the construction phase to eliminate potential impact(s). Silt fence will be utilize d around the site to prevent silt and soils from being impacted by stormwater. Accordingly, any potential sedimentation and/or erosion-related impact(s) will primarily be confined to the construction phase, and will not be continuous in nature and scope and will be mitigated by the use of appropriate controls. With respect to the proposed generator(s), either diesel fuel or propane will be used. If diesel fuel is used, it is stored in a double-walled, interstitially monitored tank. If propane is used as a fuel source, in the unlikely event of a leak of propane, the gas vaporizes and does not affect soil or water. 10 Impact on Air This project will not result in any signi ficant impact on air quality. The Communications Facility proposed does not involve or concern any air quality issues, permit or otherwise. As previously mentioned, this Communications Facility will be unmanned, and visited for routine maintenance purposes approximately once per month (only as needed). Therefore, no significant traffic-based impact(s) exist. The site will likely have a backup generator(s) located on a concrete pad which is exercised automatically every other week and which otherwise only runs during a power outage to keep the network in operation. The generator complies with all existing emissions regulations. As such, any minimal impact(s) on air quality, if any, will be confined to the construction phase and/or will be negligible in scope and effect during the operational phase. Impact on Plants and Animals The proposed Communications Facility will not result in any significant impact on threatened/non- threatened or endangered/non -endangered species of plants or animals. The consultation process documented in the NEPA Report dated October 11, 2019 indicates that a site visit was conducted and no concerns were identified and consultation was made with the appropriate agencies. The USFWS is requiring that tree clearing take place between O ctober 1 and March 31 and orange construction flagging be used to demarcate certain trees to be protected. These are typical measures employed at many construction site s in New York. Impact on Agricultural Land Resources The proposed Communications Facility will have no impact on agricultural land resources as the property is not in agricultural production. Impact on Aesthetic Resources The proposed Communications Facility will result in a negligible to minor impact on aesthetic resources, or no significant visual impact depending on location and view. A. PROPOSED TOWER HEIGHT Generally speaking, cellular radio is a “line-of-sight” technology. While radio signals do have some degree of bending (known as diffraction) around obstacles, terrain and vegetation can block or significantly interfere with transmissions to and from a cell site . Distance is also a critical consideration, because increased space to and from the coverage objective means that the proposed facility (and all mobile devices commu nicating back and forth with that facility) must operate at higher power levels to achieve a proper level of coverage and performance (if possible). Moreover, this technology operates at significantly reduced effective transmit and receive power levels, making modern wireless networks more susceptible to blocking and/or interference than in pri or years. Existing thick vegetation in the vicinity will serve to buffer and shield the tower from view to most of the immediately surrounding area. The photosims identify that the proposed tower is far less visible and pronounced as compared to the exis ting site. As the two sites are immediately adjacent 11 to one another, the view of a tower is not unusual or different for this area. As noted, tower marking and lighting is not required by the FAA. In this context, the proposed communications facility has been sited and designed to have the least amount of visibility practicable, and any resultant visual impact is minimal in nature and scope. B. CONCLUSION Due to the physics of radio frequency (RF) signal propagation, wireless carrier antennas need to clear all natural and man-made objects to function properly. This translates to a certain amount of unavoidable (but necessary) visibility, which in this case is limite d to a small area. As such, it is determined that the proposed communications facility wi ll not: (a) result in a significant level of visual or other impact to the surrounding community or neighborhood under the State Environmental Quality Review Act (“SEQ RA”); (b) have a detrimental effect on adjacent land uses or the development of the area. Impact on Historic and Archeological Resources The proposed Communications Facility will not result in any significant impact on site(s) or structure(s) of historic, prehistoric or paleontological importance. The Applicants determined that there would be no direct effect and no visual effect on historic properties. In the unlikely event that any artifacts are uncovered, work will cease in that area and the materials will be recovered and documented in accordance with standard best practices. The NEPA report that was submitted includes documentation of shovel tests that were conducted and the New York SHPO concurred that the project would have no direct or visual eff ects on historic properties. Impact on Open Space and Recreation The proposed Communications Facility will not result in any significant impact on the quantity or quality of existing or future open spaces or recreational opportunities given the small s ize of the facility and its placement on a lot in private ownership. Although by no means determinative of this question, it is noted that the project will provide recreation/open space users (and the traveling public) with additional and/or enhanced ac cess to communications services for emergency and non-emergency use. The historical use of this technology for emergency communications purposes is well -documented. Impact on Critical Environmental Areas This project will not impact any Critical Environmental Area(s). According to the NYSDEC website, there are no Critical Environmental Areas in Warren County in the immediate vicinity of this project (See, http://www.dec.ny.gov/permits/25158.html). Impact on Transportation This project will not result in any significant impact on existing transportation systems. An proposed gravel driveway/curb cut with an access driveway with the installation of gravel and crushed stone material. The access road runs in a generally northerly direction from NYS Route 149 to the tower yard. The proposed Communications Facility will be unmanned, and visited by approximately once a month (only as needed) for maintenance and inspection purposes. There will 12 be a slight increase in vehicle trips during the approximately two month construction time frame associated with work vehicles and delivery trucks. The amount of additional vehicles is comparable to the amount associated with the construction of a single family home. Route 149 is well maintained and will have no difficulty handling this small number of additional trips. There is no apparent sight distance or other traffic control issues related to the existing location of the driveway curb cut. Impacts on Energy The proposed Communications Facility will not result in any significant impact on the community’s sources of fuel or energy supply. First, an adequate sour ce of power exists at the existing service lines in the vicinity of the project. Second, it is estimated that the Communications Facility will require approximately the same number of kW hours of power as a 3 -4 bedroom house per year to operate, an impact which is not considered to be significant and which will not cause the need for any major electrical upgrades. Noise and Odor Impacts This project will not result in any significant environmental impact due to objectionable odors, noise or vibration. Any such impact(s) will be temporary and minor in nature and confined to the construction phase. All construction equipment will be equipped to properly mitigate n oise and dust, properly muffled and otherwise in compliance with OSHA standards. The only time that the potential emergency generator(s) will run continuously is during times of a power outage. This is necessary to provide continuous wireless service to customers. The only other time that the generator will run is for a test cycle once every other week for approximately 20 minutes. The test cycle is generally set for Tuesday mornings after 9:00 am but can be adjusted as necessary. Given the distance in all directions to the property lines and the heavy tree cover, the occasional use of a backup generator will not impact any neighboring land uses. Based upon the foregoing, the periodic operation of the generator will not represent a significant impact on the neighboring properties. Impact on Public Health The proposed Communications Facility will not impact the public health and safety. The potential emergency generator will be located on a proposed equipment pad. The emergency generator and fuel storage tank are designed in accordance with all applicable laws, rules, regulations and safety requirements for New York State. Without limitation to this evaluation, the Town is prohibited by the Telecommunications Act of 1996 from regulating the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions. 47 USC 332 [c] [7] [B] [iv]. 13 Impact on Growth and Character of Community or Neighborhood This project will result in a negligible impact on the character of the existing community. Although a variety of land uses exist in the general vicinity, the impact on such uses (if any) is typically visual in nature when considering a telecommunications tower. As previ ously stated, visibility of the proposed Communications Facility will be minor or insignificant in nature and scope. Moreover, the tower is clustered immediately adjacent to an existing tower such that any views of the new tower are not foreign, unusual or unexpected. Other Factors and Considerations (i) The construction of a tower and related equipment will not cause a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels. In addition, the project is unmanned so there will be no production of solid waste, let alone a substantial increase in solid waste production. Due to the minor size of the construction activities and the mitigation measures proposed, there is no substantial increase in potential for erosion, flooding, leaching or drainage problems. (ii) The project will not result in the removal or destruction of large quantities of vegeta tion or fauna. Because the site is small in size, there will be no interference with the movement of any resident or migratory wildlife species. The existing property does not contain a significant habitat area. Given the existing state of the land use and the minor nature of the construction activities, with the conditions imposed by the agencies no adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species or other significant adverse impacts to natural resources have been identified. (iii) There are no designated critical environmental areas on or immediately near the premises. As a result no impact on such an area will occur. (iv) The proposal of a tower on private property will not result in the creation of a material conflict with a community's current plans or goals as officially approved or adopte d. From most vantage points the facility is not visible or if it is visible it is largely screened by the existing woods, which will minimize any visual impact. Moreover, any views of the proposed tower already have views of the existing tower. (v) As noted above and throughout this document, the construction of a site will not result in the impairment of the character or quality of important historical, ar cheological, architectural, or aesthetic resources or of existing community or neighborhood characte r. (vi) The proposed facility uses the amount of electricity consistent with a single-family home. As a result, there is no major change in the use of ei ther the quantity or type of energy. (vii) the creation of a hazard to human health is discussed in detail above. The finding of no creation of a hazard to human health is supported in the record. (viii) The proposal does cause not a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources , or in its capacity to support existing uses. 14 (ix) The proposal does not encourage or attract of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The site is unmanned with only occasional visits by a technician. (x) There is nothing in the record to suggest that the proposal will cause the creation of a material demand for other actions that would result in one of the above consequences. Rather, the s ite is centrally located to existing and other sites that provide appropriate telecommunications services to their nearby localized areas but which cannot serve the proposed area. (xi) Changes in two or more elements of the environment, no one of which ha s a significant impact on the environment, but when considered together may result in a substantial adverse impact on the environment in not applicable her e. This consideration does not apply as multiple minor impacts have not been identified that could aggregate and be elevated to a substantial adverse impact. The only potential impact under consideration is visibility and, as to that impact, it has been determined to be minor in nature. (xii) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this subdivision is not applicable as well, as there is no other second action proposed. With respect to the existing tower, the placement of the proposed tower immediately adjacent thereto limits the visual impact by confining to one discrete area o f the town.