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Letter dated December 29 2016 reapplication because of previous approval expiration R E(; VV E JAN 0 3 2017 Phillips Lytle LLP LA � OFOF !` E Via Federal Express & E-mail December 29, 2016 Mr. Craig Brow�z Zoning Administrator Town of Queensbury Zoning Board of Appeals 742 Bair Road Queensbury, New York 12804 Ike: Refiled Applications by New Lingular Wireless PCS, LLC ("AT&T" or "Applicants') for Site Plan Review („Site Plan Review Applicadan") and a Use Varia-ace C'Use Variance Application") (together, the "Applications") to Permit the histallatiorn and Operation of a 130-foot Wireless Telecommunications Facility and Related Equipment("Proposed Facilities.") at 1359 Ridge Road,Town of Queensbury ("Tarr"), New York (the "Pr(>perty") Dear Mr. Brown: We represent AT&T with respect to the above-referenced matters. As you know, the Proposed telecommunications facility received Use Variance and Site Plan Approvals from the Zoning Board of Appeals ("ZBA") and Planning Board on October 21, 2015 and October 29, 2015, respectively, The town approvals have subsequently expired. AT&T, therefore, hereby refiles its ZBA and Planning Board applications for the required Use Variance and Site Plan approvals. We have enclosed 15 copies of the refiled ZBA and Planning Board applications herewith, as well as documentation of changes and correspondence since our initial filing. As soon as I can,clarify the required application fees, any necessary fee checks will be overnighted to your attenkion. If the there are any questions, please do not hesitate to contact us, Very truly yours, Phillips Lytle LLP Sy ... Thomas F. P-achner Enclosures ooc 4 mcn ATTO R N L Ys A V LAW THdNAs PUC14VRR., FARTHER PHONE SIR 432 1224 FxT, 1A46 TPUCHNERI}PHILLIPy_YTLE.COm OMNI PLAYA 34 SOUTH PEARL STREET ALBANY. NY 12247.342b PHONE 516 472 1424 VAX NtS 472 1283 NEW YOilN. ALB AN Y, FU FFR LG, CH AUTA U cS LFA, GARDEN C17Y, NEW YORI{, ROGH ESTER I WAN HLNGTa N. dC I CA N A P A: WATERLOO REGION I PM I LU PSLYTLE.COM 'S p )AN 0 3 17 Phillips Lytle iAV- TO&) E114 8UR I" AN-Ni 2Fr10E -' Via Federal Express &Finail December 29,2016 Mr. Steve Jackoslci Zoning Hoard of Appeals Chair Town of Queensbury Zoning Board of Appeals 742 Bay Rod rF Queerobury, New York 12804 Mr. Craig Brown ordng Adrfdrdstrator Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury,New York 12.804 I M x Re: ReEed Application by New ingular Wireless PCS, LLC (,AT&T" or "Applicant") for a Use Variance to Permit the Installationarxd perat of a 130- a } foot[Wireless Telecorra nunications Facility and Related Equipment("Proposed Facilities") at 1359 Ridge Road,Town of Queensbury ("Town"), New York (the "Property") r' Dear Mr. Brown: _,. :.. W` represent AT&T with respect to the above-zeferenced project. As you know, the proposed telecommunications facility received a Use Variance approval from the � Zoning Board of Appeals (" BA') on October 21,2015, Unfortunately, the town approvals have since expired. AT&T, therefore, hereby re-files its ZBA application for r 4 the required Use Variance. We have enclosed a copy of the original ZB A application and supporting materials, as Exhibit 1. i Several project changes occurred during the Town and Adirondack Park Agency review processes, whist are explained below. I i i I ATT4RN BYE AT LAW ` rHON Am PUC H HiR, PARTN En RHONR Is'0 4-FA 19X4 Exr. ii44 TfUcil N r R•pJAL. P9 LY7LIG_G4N i'' i CNN' FLAlA '14 SOU Th RRA RL DYINcS7AL."NT, My 19407-3425 PN4N2 SIB 477 1RMA FAK H1H 472 IAZ7 I3 «f"1"AHiL; A•L4ANY, UUFRALO,GHAVIALrq VA, GARLI[11 CITY, NtW YORK. R4GN6STEM i WAm"Mm-rVN,GC I CAHAhA2 WATERWO RG416N I fHILLi P9 LrTL2CbJn I Mr. Steve Jackaski December 29, 2016 Mr. Craig Brown Wage Storm-Water Cham s As park of the Town's engineering review, AT&T made a Supplemental Stormwater Filing on October 21, 2015, addressing comments by the Town's engineer. The Town's engineer approved the stormwater filing by letter dated October 30, 2015. A copy of the Town engineer comments, Supplemental Stormwater Filing, Town engineer approval, are attached as Exhibits 2,S &4, respectively. Adirondack Park Aen - MpnMine Change € Following receipt of the Town Approvals,the project was redesigned as a on pin (i.e. a monopole tower camouflaged to resemble a pine tree) to comply with the Adirondack Park Agency's current interpretationof its 'substantial invisibility" requirement. In order to create a pine tree"crown," the height of the Monopine needed to be increased by 5'. However, the project was also sugect to an Federal Aviation Administration height limitation of 130'. As a result, AT&T dropped the height of project so that the top of the proposed crown is 130',with all equipment dropping by an x equivalent 5'—making the top of the monopole itself at 125' and AT&T's proposed antenna centerline at 121', A copy of AT&T's submittal to APA. (including site plans reflecting the monopine design) is attached, as Exhibit 5, AT&T submitted the revised design to the Planning Department for admuustrative review on]uzle 16, 2016,and was subsequently advised that formal appxoval f amendments wexe not required, .See Exhibit 6. The APA initially issued its ,APA}permit approving the project,as redesigned on August 30, 2016. A copy of the recorded APA permit is attached as Exhibit 7. If the there are any questions, please do not hesitate to contact us. vlr.Steve Jackos i December 29, 2016 Mr.Craig Brown Page i E Very truly your, Phillips Lytle LLP Y - Thomas F. Puchner Enclosures K M1 . 1