Final Approval Resolution*Zoning Board of Appeals — Record of Resolution
QueensTown of Queensbury 742 Bay Road Queensbury, NY 12804 (518)761-8238
RESOLUTION TO: Approve Use Variance No. 57-2015
New Cingular Wireless, PCS, LLC (AT&T)
Tax Map No. ID 279.00-1-48 / Property Location: 1359 Ridge Road
The Zoning Board of Appeals of the Town of Queensbury has received an application from New Cingular
Wireless, PCS, LLC (AT&T) for a variance of Section 179-5-130C of the Zoning Code of The Town of
Queensbury. Applicant proposes installation and operation of a 130-foot wireless telecommunications facility
and related equipment on a vacant parcel. Relief requested from restriction for placement of a
telecommunications tower in a MDR zoning district.
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 in an area that is not serviced well at the present time. It is our finding,
2.) That there are compelling reasons, economic and otherwise, for permitting the variance. Basically
to improve cellular coverage in an area that is not covered well. It is our finding,
3.) Where the intrusion or burden on the community is minimal, the showing required by the utility
should be correspondingly reduced any problems. It is our finding,
Based upon our findings above, we hereby determine that the applicant [ HAS ] demonstrated that the applicable
zoning regulations to obtain a use variance.
Based upon all of the above,
(AT&T), Introduced by Michael McCabe who moved for its adoption, seconded by John Henkel:
Duly adopted this 21 ' day of October, 2015 by the following vote:
AYES: Mr. Urrico, Mr. Noonan, Mr. Kuhl, Mr. Garrand, Mr. McCabe, Mr. Henkel, Mr. Jackoski
NOES: NONE