SP 07-12 Cellco_Staff Notes_01 17 12
Department of
Community Development
Queensbury Planning Board
Staff Notes
January 17, 2012
APPLICATION: Site Plan 7-2012 / Use Variance 4-2012
APPLICANT: Cellco Partnership d/b/a Verizon Wireless
Recommendation from the Planning Board to Zoning Board of
REQUESTED ACTION:
Appeals concerning the Use Variance and the potential impacts on
Site Plan Review 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
ENGINEERING REVIEW: 1/12/2012
PARCEL HISTORY: UV 4-2012: Pending
TB res 85-2011: Authorizing lease agreement Approved 2/28/2011
PROJECT DESCRIPTION: Site Plan: 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 100ft. x 100ft 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.
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.
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Application Protocol
1.Planning Board to seek Lead Agency Status – Complete 1/17/12, see handout.
2.ZBA to acknowledge PB request for L.A. status or conduct independent SEQR review – Pending
1/18/12
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
L:\Keith Oborne\2012 Staff Notes\Planning\January 17\SP 07-12 Cellco_PBR_AV 4-12.doc
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