Final Approval resolutionZoning Board of Appeals - Record of Decision Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
RESOLUTION TO APPROVE USE VARIANCE NO. 48-2013
CELLCO PARTNERSHIP /TAX MAP ID: 265.00-1-52; 252.00-1-5.2 131 11 12 51 and 15
Steven Jackoski, Chairman Roy Urrico, Secretary
TO: Cellco Partnership PROJECT FOR: Cellco Partnership
d/b/a Verizon Wireless d/b/a Verizon Wireless - near 441 Lockhart Mt. Rd.
175 Calkins Road Meeting Date: Wed., November 20, 2013
Rochester, NY 14623
The Zoning Board of Appeals of the Town of Queensbury has received an application from Cellco
Partnership d/b/a Verizon Wireless located near 441 Lockhart Mountain Road - Top O'The World for a
variance of Section 179-5-130; 179-3-060 of the Zoning Code of The Town of Queensbury in order to
construct a new 101 ff. +/- mono pole Telecommunications Tower and an 11 ff. 7 in. by 30 ff.
telecommunication shelter. Location to be within the Top of the World PUD. Relief requested from the use
requirements for public utilities.
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:
l . Whether the applicant cannot realize a reasonable rate of return As stated by the applicant, this
isn't about a reasonable rate of return. It's about providing upgrades to the inadequacies of the
signal strength in that area.
2. Is this hardship unique and does not apply to a substantial portion of the district or the neighborhood.
The hardship is unique and is a function of Verizon Wireless's need to construct infrastructure in the
proposed site location to achieve improvements in coverage.
3. Will the variance alter the essential character of the neighborhood? This Board seems to believe it
will not alter the neighborhood. The tower is being shielded by a plastic canopy. The ancillary
building will not be seen by anybody unless they're on the site.
4. Is this hardship self-created? I don't think Verizon created the topography that requires a tower in this
area. So I don't think it's self-created.
The Board also finds that the variance request under consideration is the minimum necessary;
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE USE VARIANCE NO. 48-2013, CELLCO
PARTNERSHIP, Introduced by Richard Garrand who moved for its adoption, seconded by Joyce Hunt:
As per the resolution prepared by staff with the following:
A. The variance approval is valid for one (1) year from the date of approval; you may request an
extension of approval before the one (1) year time frame expires;
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Zoning Board of Appeals - Record of Decision Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution (continued)
ZBA Meeting Date: Wednesday, November 20, 2013
Use Variance Application No. 48-2013, Cellco Partnership d/b/a Verizon Wireless
B. Final approved plans in compliance with an approved variance must be submitted to the
Community Development Department before any further review by the Zoning Administrator or
Building & Codes personnel'
C. Subsequent issuance of further permits, including building permits are dependent on receipt of these
final plans;
D. Upon approval of the application; review and approval of final plans by the Community
Development Department the applicant can apply for a building permit unless the proposed project
requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park
Agency, Lake George Park Commission or other State agency or department.
Duly adopted this 20th day of November 2013, by the following vote:
AYES: Mr. Urrico, Mr. Kuhl, Mr. McCabe, Mrs. Hunt, Mr. Garrand, Mr. Jackoski
NOES: Mr. Noonan
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
SJ/sh
Cc: Jared C. Lusk, Nixon Peabody, LLP
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