Staff Notes with attachment
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Use Variance No.: 4-2012
Project Applicant: Cellco Partnership / Verizon Wireless
Project Location: 1127 West Mountain Road
Meeting Date: February 29, 2012
Description of Proposed Project:
Applicant proposes a new 120’ monopole Telecommunications Tower with supporting 12 by 30 (360 sq.
ft.) equipment shelter on lands owned by the Town of Queensbury across from Lehland Estates off of West
Mountain Road.
Relief Required:
Nature of Variance:
The applicant requests relief from allowable uses in the Moderate Density Residential
1.
district as per §179-5-130C.
Code Reference Per §179-5-130C for Telecommunication Towers:
Designated areas. Placement of telecommunications towers is restricted to certain areas within the Town
of Queensbury. These areas are as follows: in any Light Industrial (LI) 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.
Criteria for considering a Use Variance according to Chapter 267 of Town Law:
The four (4) criteria usually associated with a use variance are different in this case. Verizon Wireless is
consider a public utility under New York decisional law (Cellular Telephone Company v. Rosenberg,
82N.Y.2d 364(1993) and a provider of “personal wireless services” under the Telecommunications Act of
1996. As a result of these decisions, the following are to be shown by the public utility in order to gain a
use variance:
1.)That the proposed improvement is a public necessity in that it is required to render safe and
adequate service;
That the safe and adequate service may be considered a common practice by this
public utility, the public necessity aspect may be open to interpretation.
2.)That there are compelling reasons, economic and otherwise, for permitting the variance.
This public utility appears to have shown compelling reasons, both economic and service specific,
that this variance may be permitted.
Where the intrusion or burden on the community is minimal, the showing required by the
3.)
utility should be correspondingly reduced.
The applicant appears to have chosen this site with
minimal intrusion or burden on the community in mind.
Parcel History (construction/site plan/variance, etc.):
SP 7-12 Cell tower Pending
TB Res. 85-11
The applicant is before the Zoning Board in order to gain a use variance. Currently,
Staff comments:
the zoning code only allows Telecommunication Towers in the Commercial Light
Industrial (CLI) and Heavy Industrial (HI) zones. In order for the applicant to proceed to Site Plan
Review, the Zoning Board of Appeals will need to pass the Use Variance before them.
Standards for placement.
New or modified antennas or telecommunication towers shall be placed
according to the following priority:
1.Collocation on an existing tower
2.Placement of antennas or other telecommunication equipment in or on an existing tall structure
located in the Commercial Light Industrial and Heavy Industrial zones
3.Placement of antennas or other telecommunication equipment in or on an existing tall structure not
located in the Commercial Light Industrial and Heavy Industrial zones
4.Placement of a new tower on a lot where another communications tower already exists
5.Placement of a new tower on a lot within the Commercial Light Industrial and Heavy Industrial
zones.
Note: Where a shared use of existing towers and structures is not proposed, the applicant must provide
documentation of the inability to utilize an existing tower or structure. This must be documented to the
satisfaction of the Zoning Board of Appeals.
Type: Unlisted
SEQR Status:
Application protocol:
1.Planning Board to seek Lead Agency Status – Complete 1/17/12, see handout.
2.ZBA to acknowledge P.B. request for L.A. status or conduct independent SEQR review –
Complete 1/18/12
3.Planning Board to issue a recommendation and conduct SEQR Review - Pending 2/28/12
4.ZBA to review Use Variance – Pending 2/29/12 or TBD
5.Planning Board to conduct Site Plan Review – March or TBD
L:\Keith Oborne\2012 Staff Notes\Zoning\January 18\UV 4-12 Cellco.doc
Zoning Board of Appeals
Community Development Department Staff Notes