WithdrawalQLZoning 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 / Disapprove
Applicant Name:
File Number:
Location:
Tax Map Number:
Tillman Infrastructure
UV 1-2019
55 State Route 149
288.8-1-21
ZBA Meeting Date: March 18, 2020
The Zoning Board of Appeals of the Town of Queensbury has received 4kom 7�Iman
Infrastructure for a variance from Section 179-3-040 of the Zoning e of fueensbury.
Applicant proposes to install 199 ft. (revised from 260) tower for up to *on
ft. tower, 4 ft.
lightning rod). Project includes site work for a 360 ft. road with lease area ox 100 ft. The plans
show location of pads for tenants. Relief requested for new cel locatarcel with no existing
tower and not in a zone allowing cell towers. Site Plan for new c
Relief Required:
The applicant requests relief for construction of a new
The applicant proposes a new tela
5 acre zone where cell towers are
to PE located on a parcel in the Rural Residential
A public hearing was advertis and he We day, March 18, 2020;
da
SEQR Type: Unlisted [ Resolution / Action Required '' for SEAR]
Motion regardin Nana
llo. 019. Applicant Name: Tillman Infrastructure, based upon
the informatio tof the above supporting documentation provided by the applicant,
this Board ry�Is th l not result in any significant adverse environmental impact. So we
give it a Positive/Negative Declaration, Introduced by who moved for its
adopti conApd by
Day of March 2020, by the following vote:
AYES:
NOES:
Criteria for considering a Use Variance according to Chapter.267 of Town Law:
In making a determination, the board shall consider:
The four (4) criteria usually associated with a use variance are different in this case. Tillman
Infrastructure is considered 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. It is our finding that:
2.) That there are compelling reasons, economic and otherwise, for permitting the variance. It
is our finding that: t
3.) Where the intrusion or burden on the community is minimal, the show' et the
utility should be correspondingly reduced. It is our finding that:
Therefore based upon our findings above,
demonstrated that the applicable zoning regulations and
we hereby determine that the ap ]
Based upon all of the above, I make a MOTION TO
Infrastructure; Introduced by , who mo,
Duly adopted this 18`h Day of March 2020, by the
AYES:
NOES:
ABSENT:
NOT]
hardship.
1-2019 Tillman