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Use Variance Resolution Zoning Board of Appeals – Record of Resolution 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbury Steven Jackoski, Chairman Roy Urrico, Secretary Cellco Partnership Cellco Partnership d/b/a Verizon Wireless TO:PROJECT FOR: d/b/a Verizon Wireless 1127 West Mountain Road c/o Kathy Pomponio – Real Estate Mgr. 175 Calkins Road Rochester, NY 14623 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Use Variance No. 4-2012 Cellco Partnership d/b/a Verizon Wireless Meeting Date: Wednesday, February 29, 2012 Approved _X_ MOTION THAT WE ACCEPT THE SEQRA DETERMINATION OF THE PLANNING BOARD AND BASICALLY THEY DID NOT FIND ANY IMPACTS THAT COULD NOT BE MITIGATED ON SITE WITH THE PROPER SITE , Introduced by James Underwood who moved for its adoption, seconded by PLAN REVIEW Joyce Hunt: Duly adopted this 29 day of February, 2012, by the following vote: th AYES: Mr. Urrico, Mr. Clements, Mrs. Hunt, Mr. Underwood, Mr. Jackoski NOES: Mr. Garrand MOTION TO APPROVE USE VARIANCE NO. 4-2012 CELLCO PARTNERSHIP D/B/A VERIZON , Introduced by James Underwood who moved for its adoption, seconded by Joyce WIRELESS Hunt: 1127 West Mountain Road. The applicant is proposing a new 120 foot 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. The applicant requests relief from the allowable uses in the Moderate Density Residential district as per §179-5-130C. Under designated areas in the Code Reference for Telecommunication Towers the placement of telecommunications towers is restricted in Town to certain areas and these areas are as follows: in any Light Industrial and Heavy Industrial Zoning District or co- located on any property where a telecommunications tower or other tall structure over 50 feet in height exists. The Board recognizes that this is a neighborhood area. It’s also basically a rural area where this site is proposed. We Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals – Record of Resolution 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbury Continued ZBA Resolution ZBA Meeting Date: Wed., February 29, 2012 Use Variance No. 4-2012, Cellco Partnership d/b/a Verizon Wireless recognize the public necessity of this antenna as explained in the significant prepared report by the telecommunications company Verizon Wireless. There are compelling reasons for putting this tower here. In previous proposals, Verizon proposed this down on the flats down at the firehouse, and that was not something that either the Planning Board or the Zoning Board or the neighbors could live with and so we directed them to the co-location area up with the Town water tower on the side of West Mountain. The applicant appears to have chosen this site with minimal intrusion and burden on the community in mind, and at this point in time I would move that we approve its location near the water tower on West Mountain Road. As far as any kind of concerns for the Planning Board when Site Plan Review occurs, we would expect that the Planning Board would consider the location of the access road in the center of the property as has been discussed this evening. Also that proper stormwater erosion, if hardening of those ditches along the side of the road needs to be done with riprap, that that occur, and that even though it is a requirement that we are concerned, as a Board, with the fact that the proper vegetation be maintained on site, and if it means the addition of trees on site, then we would expect some vegetation to be propagated up there to minimize the effect of this tower, since it is a Rural Residential area up there. Duly adopted this 29 day of February, 2012, by the following vote: th AYES: Mr. Urrico, Mr. Clements, Mr. Underwood, Mrs. Hunt, Mr. Jackoski NOES: Mr. Garrand Sincerely, Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh Cc: Michael E. Cusack, Esq. Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.)