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Final Approval ResolutionQLZoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbury Use Variance Resolution To: Approve Applicant Name: New Cingular Wireless, PCS, LLC (AT&T). File Number: Z-UV-1-2017 Location: 1359 Ridge Road Tax Map Number: 279.00-1-48 ZBA Meeting Date: Wednesday, February 15, 2017 The Zoning Board of Appeals of the Town of Queensbury has received an application from New Cingular Wireless, PCS, LLC (AT&T). 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 Parcel will require a use variances as follows: 179-5-130 Telecommunication Towers —designated areas where relief is requested to locate the tower in a MDR zone that is not one of the allowed zones for a new cell tower location. A meeting was held on February 15, 2017, and Based on the information provided to us, we find that: The four (4) criteria usually associated with a Use Variance are: 1.) That the proposed improvement is a public necessity in that it is required to render safe and adequate service. It is our finding that: The siting of this cell tower will improve communication in the surrounding areas. 2.) That there are compelling reasons, economic and otherwise, for permitting the variance. It is our finding that: Again, this will be an improvement to communication in our area. 3.) Where the intrusion or burden on the community is minimal, the showing required by the utility should be correspondingly reduced. It is our finding that: The utility has provided the minimum requirements that will meet their needs. Based upon our findings above, we hereby determine that the applicant [ HAS ] demonstrated that the applicable zoning regulations and restrictions have caused unnecessary hardship. [ (Note: use the following only when approving a use variance.) The Board finds that the variance under consideration is the minimum necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. ] Based upon all of the above, I move that this Board Approve Use Variance No. Z-UV-1-2017 New Cingular Wireless, PCS, LLC (AT&T), Introduced by Michael McCabe who moved for its adoption, seconded by Michelle Hayward; Duly adopted this 15`h day of February, 2017, by the following vote: AYES: Mr. Henkel, Mr. Underwood, Mr. McCabe, Mrs. Hayward, Mr. Urrico, Mr. Jackoski NOES: NONE ABSENT: Mr. Freer