Staff Notes
Department of
Community Development
Queensbury Planning Board
Staff Notes
February 28, 2012
APPLICATION: Site Plan 7-2012 / Use Variance 4-2012
APPLICANT: Cellco Partnership d/b/a Verizon Wireless
REQUESTED ACTION: The Planning Board to commence SEQR and potentially issue a
Recommendation to the Zoning Board of Appeals concerning the Use
Variance and the potential impacts on Site Plan Review as per §179-9-
070J(2)(b).
LOCATION: 1127 West Mountain Road
EXISTING ZONING: RR 5A-Rural Residential Five Acres
SEQRA STATUS: Type Unlisted
WARREN CO. REFERRAL 1/11/2012-No Action
ENGINEERING REVIEW: 1/13/2012, 2/10/2012
PARCEL HISTORY: UV 4-2012: Pending
TB res 85-2011: Authorizing lease agreement Approved 2/28/2011
PROJECT DESCRIPTION: Applicant proposes a new 120’ monopole Telecommunications Tower with supporting 12
by 30 (360 sq. ft.) equipment shelter. Telecommunication Towers in a RR zone requires Planning Board review and
approval.
Nature of Variance:
1. Use variance relief required as per §179-5-130C. Telecommunication Towers restricted to Light
Industrial and Heavy Industrial Districts with in the Town of Queensbury.
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.
STAFF COMMENTS: The applicant intends to utilize a portion (approximately 350 linear feet) of an existing gravel
drive associated with property owned by the Town of Queensbury for access to the site. A thirty foot wide utility and
access easement is associated with the road. Access to the site will be built with the grading and installation of a 12
foot wide gravel drive with drainage controls off of the existing road; the average drive slope is approximately 3.5%.
According to the applicant, access was considered to be built near the water tower in order to reduce overall road
length and disturbance; however the Town of Queensbury Water Department anticipates the need to expand south of
the existing water storage structure at some point in the future and as such the road location was changed. The lease
site for the tower is located at approximately the 630 foot contour and encompasses 100 ft. x 100 ft. or 10,000 square
feet in area. The actual amount of clearing and grading for the project, including the access road, approximates 17,000
square feet. This number may be conservative as the limits of clearing have not been distinctly noted on the grading
plan. Note: It appears as though tree cutting has occurred on this property and may have been conducted by the
adjoining property owner; no town work has been performed in this area.
Soils
Site soils are variable due to slope and geological conditions and are as follows per the Warren County Soil
Survey:
Hinckley cobbly sandy loam(HnC), 8 to 15 percent slopes.
This appears to be the prevalent soil at the
tower site and the upper portion of the access easement. These soils are excessively well drained soils with
high permeability and as a result are considered to have a medium potential for runoff (due to slope).
Vegetative establishment is extremely difficult due to the acidic nature of the soil and droughtiness (inability
for soil to retain moisture). However, this should not preclude the deployment of stabilization measures in
disturbed areas.
Note: A soil survey is a generalize soils condition survey and may not accurately denote site conditions.
Site Plan Review
Pages SU-1, AD-1, SB-1
1. No immediate issues
Page Z-1 and Z-1A
1. Clearing limits should be denoted clearly on these pages to include total square footage of disturbance.
Pages Z-1B, Z-2, Z-3, Z-4
1. No immediate issues
Additional Comments:
1. 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 (see sections 4 and 5 of submittal for further clarification).
2. Per 179-5-130G, it is stated that where shared use of existing towers or structures is not proposed, the
applicant must provide documentation of the inability to utilize an existing tower or structure. The applicant
has considered five existing structures (see section 6 of submittal).
3. The applicant has stated that upon discontinuance of use, the Zoning Administrator will be notified within 30
days and actions will be taken to remove the proposed tower within 4 months (see section 10 of submittal).
4. Per §179-9-090, The Planning Board may wish to consider the posting of financial security in the form of a
bond, letter of credit of other instrument in order to ensure that improvements are carried out as specified in
the plans and approvals. The Board shall follow the procedures in the Town of Queensbury Subdivision
Regulations or New York Town Law §277(9) for such financial security. Please see attached for guidance.
5. Fire Marshal’s comments attached.
Application Protocol
– Complete 1/17/12, see handout.
1. Planning Board to seek Lead Agency Status
Complete 1/18/12
2. ZBA to acknowledge PB request for L.A. status or conduct independent SEQR review –
3. Planning Board to issue a recommendation and conduct SEQR Review - Pending 2/28/12 or TBD
4. ZBA to review Use Variance – Pending 2/29/12 or TBD
5. Planning Board to conduct Site Plan Review – March or TBD
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