Application cont'd._2 Project No. 4580
August 8,2013
COSTICH
ENGINEERING. P.C.
Planning and Zoning Board Members
Town of Queensbury
742 Bay Road
Queensbury,New York 12804
RE: Verizon Wireless Cell Facility-"Pilot Knob"Site-Top of the World Golf Course
Near 441 Lockhart Mountain Road
Town of Queensbury,Warren County
Stornwater Management Letter of Intent
Dear Board Members:
Stormwater Management for the Pilot Knob Telecommunications site will be designed to satisfy
the Town of Queensbury Stormwater Management Code requirements.This project is located within the
Lake George Park,and therefore will be required to comply with the Major Permit requirements of the
Lake George Park Commission.
Prior to the design of Stormwater Mitigation practices and creating the Stormwater Management
Report,infiltration test results,depth to bedrock,and depth to water table information must be received.
A qualified Geotechnical Engineer has been contracted to conduct the testing in the area of the proposed
infiltration practices.The infiltration testing is tentatively scheduled for August 26th. A complete report
from the Geotechnical Engineer is expected 7-10 days after the completion of the field testing.A complete
Stormwater Management Report and updated Site Plans will be provided to the Town approximately
two weeks after the Geotechnical testing results are made available.
Due to the site limitations, i.e., restrictive lease and easement areas,and potential shallow depth
to bedrock,traditional stormwater management practices such as a basin may not be feasible for this
project.Subject to the results of the Geotechnical Report,it is likely that the design proposed to satisfy the
Stormwater Management requirements for this project will incorporate Iinear infiltration practices
parallel to the proposed gravel access drive.
If you have any questions or comments,please feel free to contact me at your earliest convenience
at 585-458-3020.
Sincerely,
COSTICH ENGINEERING,P.C.
/ ,/ i
7&4/7\ ,i,f,4(ki I/7_ / ""' —
David A. Weisenreder,P.E.
Project Manager
Cc: J.Lusk-Nixon Peabody
K. Pomponio-Verizon Wireless
ENGINEERING • LAND PLANNING • SURVEYING
Lostich Engineering, P.C., Inc. •217 Lake Avenue • Rochester, New York 14608
585-458-1020 • 585-458-2731 (Fax) • www.costich.com
EXHIBIT B
PROJECT DESCRIPTION
Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless") is a federally licensed
wireless telecommunications provider. It currently has service inadequacies in and around
portions of the Town of Queensbury and along and in the area north of Lake George Village, into
the areas of Warner Bay, Harris Bay, and Dunham's Bay along Route 9L, located within the
Adirondack Park. The only way to remedy this is for Verizon Wireless to place a wireless
telecommunications facility in a technologically appropriate location. Verizon Wireless has
identified a technologically appropriate location on the Lost Chalets, LLC property, identified as
Tax Parcel No. 265-1-52 (accessed over Tax Parcel Nos. 252-1-5.2; 252.-1-13.1; 252.-1-I1;
252.-1-12 (which are subject to a pre-existing recorded access easement (Liber 672, Page 348))
and Tax Parcel Nos. 252.-1-5.1 and 252.-1-15) in the Town of Queensbury (the "Site").
The application includes, on behalf of Verizon Wireless, a request for a Permit from the
APA and a Use Variance, Site Plan Approval, Freshwater Wetlands Permit, and Stormwater
Management Permit from the Town of Queensbury to construct and operate a 86' self-supporting
"monopine" tower and antennas, a 11'-7" x 30' equipment shelter, and associated improvements
at the Site in order to provide adequate service to businesses, individuals and emergency service
providers in portions of the Town of Queensbury. The proposed tower, antennas, equipment
shelter and associated improvements are shown on the site plan prepared by Costich
Engineering, P.C. and submitted with this application. As can be seen in the Site Plan, the
monopole is located within an area of tall trees with a canopy height of approximately 77' that
will effectively screen the facility from nearby properties.
Wireless telecommunications use has burgeoned since the technology was introduced in
the mid-1980s. There are currently more than 118 million wireless telephone users in the United
States, with approximately 28,000 more being added each day. Wireless technology provides a
critical link for emergency services, such as ambulances, which use such service to transmit vital
signs and medical information via medical telemetry. Increasingly, police forces are relying on
wireless telephones to communicate with dispatch and receive calls for assistance. Additionally,
many businesses heavily rely on wireless telephone service, and individuals use it not only for
their convenience, but for safety reasons as well.
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As set forth in this application,Verizon Wireless meets the legal standards for receiving
the requested permits/approvals. Moreover,the Project will not pollute,will not create noise or
vibration,will not create any significant increase in traffic,will not create any environmental
problems, will not increase population density, and will not create any demand on governmental
facilities. Thus the project will not create any detriment to adjoining properties or change the
character of the neighborhood. Instead,the Project will enhance governmental facilities and
promote the public welfare by providing a modern, more efficient system of communications for
police, fire and other emergency services, as well as provide modern wireless telephone service
to business, industry and individuals in the area of the Town of Queensbury and the Adirondack
Park.
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EXHIBIT C
APPLICABLE LEGAL STANDARDS
In Cellular Tel. Co. v. Rosenberg, 82 N.Y.2d 364 (1993),the New York Court of Appeals
determined that wireless telephone facilities are public utilities. The Court held that proposed
wireless telephone installations are to be reviewed by zoning boards pursuant to the traditional
standard afforded to public utilities, rather than the standards generally required for the necessary
approvals.
`It has long been held that a zoning board may not exclude a utility
from a community where the utility has shown a need for its
facilities.'. . . Application of our holding in Matter of Consolidated
Edison to sitings of wireless telephone companies, such as
Wireless One, permits those companies to construct structures
necessary for their operation which are prohibited because of
existing zoning laws and to provide the desired services to the
surrounding community. . . . Moreover, the record supports the
conclusion that Cellular One sustained its burden of proving the
requisite public necessity. Cellular One established that the
erection of the cell site would enable it to remedy gaps in its
service area that currently prevent it from providing adequate
service to its customers in the Dobbs Ferry area.
Rosenberg, 82 N.Y.2d at 372-74 (citing Consolidated Edison Co. v. Hoffman, 43 N.Y.2d 598
(1978)). Thus,this application for a use variance and site plan approval is to be reviewed under
the public utility standard, and not the standards in Town Law §§ 267-b and 274.
This special treatment of a public utility stems from the essential nature of its service, and
because a public utility transmitting facility must be located in a particular area in order to
provide service. For instance,water towers, electric switching stations, water pumping stations
and telephone poles must be in particular locations (including within residential districts) in
order to provide the utility to a specific area:
[Public] utility services are needed in all districts; the service can
be provided only if certain facilities (for example, substations) can
be located in commercial and even in residential districts. To
exclude such use would result in an impairment of an essential
service.
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Anderson,New York Zoning Law Practice, 3d ed.,p. 411 (1984) (hereafter"Anderson").
See also, Wireless Tel. Co. v. Rosenberg, 82 N.Y.2d 364(1993); Payne v. Taylor, 178 A.D.2d
979 (4th Dep't 1991).
Accordingly,the law in New York is that a municipality may not prohibit facilities,
including towers, necessary for the transmission of a public utility even where, as in this case, a
use variance and site plan approval is required by the municipality. In Rosenberg, 82 N.Y.2d at
371, the court found that"the construction of an antenna tower. . . to facilitate the supply of
cellular telephone service is a `public utility building' within the meaning of a zoning
ordinance." See also Long Island Lighting Co. v. Griffin,272 A.D. 551 (2d Dep't 1947) (a
municipal corporation may not prohibit the expansion of a public utility where such expansion is
necessary to the maintenance of essential services).
In the present case, Verizon Wireless is suffering from inadequate wireless
telecommunications coverage in and around the northeast portion of the Town of Queensbury
(see Exhibit F). The Project is needed to remedy this service problem and to provide wireless
telecommunications service coverage to Verizon Wireless' Pilot Knob cell. Therefore,Verizon
Wireless satisfies the requisite showing of need for the facility under applicable New York law.
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EXHIBIT D
COMPLIANCE WITH TOWN OF QUEENSBURY'S SITE PLAN REVIEW
SUBMISSION REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS AS SET
FORTH IN §179-5-130 OF THE QUEENSBURY ZONING ORDINANCE
As discussed in Exhibit C,the legal standard applicable to Verizon Wireless is the
standard afforded to public utilities,rather than the standard generally applied. This standard is
the same regardless of whether the utility applies for a use variance, site plan approval or other
type of zoning approval. Nonetheless, as demonstrated below, Verizon Wireless also complies
with the Town of Queensbury's Site Plan Review Submission Requirements for
Telecommunications Towers and site plan review and approval as set forth in the Town of
Queensbury Zoning Ordinance §§179-5-130 and 179-9-050 (numbered to correspond with the
zoning ordinance):
I. Telecommunication Tower Ordinance 0179-5-130 et. seq.)
F. Site plan review. Site plan review pursuant to Article 9, Site Plan Review, of this
Chapter 179 of the Town Code shall be required for placement of any antenna in or on
an existing tall structure other than an existing telecommunications tower and for any
construction of a new tower.
(1) Site plan. In addition to the requirements of Article 9,Site Plan Review, the
following shall apply:
(a) General requirements. All site plan applications shall show all existing
and proposed structures and improvements including roads and shall
include grading plans for new facilities and roads. The site plan shall
also include documentation of the proposed intent and capacity of use as
well as a justification for the height of any tower or antenna and
justification for any land or vegetation clearing required.
See the enclosed Site Plan and Site Selection/Design Analysis containing
Radio Frequency ("RF")propagation studies, attached as Exhibit F.
(b) Visual impact assessment. All site plan applications, whether involving
location on an existing tall structure or construction of a new tower,
shall include a visual impact assessment This assessment shall include:
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[1] Pictorial representations of"before"and "after"views from key
viewpoints both inside and outside of the Town, including but not
limited to state highways and other major roads and state and
local parks.
[2] Assessment of visual impact of the facility/structure designs and
color schemes.
[3] Assessment of visual impact of the facility/structure, accessory
buildings and overhead utility lines from abutting properties and
streets.
[4] A completed visual environmental assessment form addendum (6
NYCRR 617.20,Appendix B).
A visual analysis prepared in full compliance with both Town and
APA guidelines will be submitted following coordination with the
Town and APA.
(c) Landscaping plan.
[1] All site plan applications shall include a plan illustrating size,
type,placement and quantity of existing vegetation to remain as
well as vegetation to be added. The final landscaping plan will
become part of the approved site plan. All new plantings shall be
planted by a date specified by the Planning Board.
[2] Existing on-site vegetation shall be preserved to the maximum
extent possible and no cutting of trees exceeding four inches in
diameter(measured at a height of four feet off the ground) shall
take place prior to site plan approval. Clear-cutting of all trees in
a single contiguous area exceeding 20,000 square feet shall be
prohibited.
[3] The landscaping plan shall include deciduous or evergreen tree
plantings which may be required to screen portions of the tower
from nearby residential property as well as from public sites
known to include important views or vistas. Where the site abuts
residential or public property, including streets, at least one row
of native evergreen shrubs or trees capable of forming a
continuous hedge at least 10 feet in height within two years of
planting shall be provided to effectively screen the tower base and
accessory facilities. In the case of poor soil conditions,planting
may be required on soil berms to assure plant survival. Plant
height in these cases shall include the height of any berm.
See the enclosed Site Plan; the Project so complies. As
demonstrated by the enclosed site plan, the proposed tower is
setback sufficiently from adjoining property boundaries thereby
eliminating the practical value of additional landscaping.
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(2) In addition to any fees provided for by§179-9-060 of the Town Code, the
applicant shall be required to pay any fees or costs incurred by the Planning
Board for legal, engineering and/or technical review,provided that the fees or
costs reflect the actual costs to the Planning Board. This fee shall not exceed
$1,000 without the consent of the applicant.
Verizon Wireless will comply, if requested.
G. Standards for placement. New or modified antennas or telecommunications towers
shall be placed according to the following priority:first, collocation on an existing
tower;second,placement of antennas or other telecommunications equipment in or on
an existing tall structure located on a lot within the areas listed in Subsection C above;
third,placement in or on an existing tall structure not located within the areas listed in
Subsection C above;forth,placement of a new tower on a lot where a
telecommunications tower already exists; and fifth,placement of a new tower on a lot
within the areas listed in Subsection C above. Where shared use of existing towers or
structures is not proposed, the applicant must provide documentation of the inability to
utilize an existing tower or structure.
(1) Collocation on existing telecommunications towers. Collocation of
telecommunications equipment on existing telecommunications towers shall be
the preferred placement mode and may be reviewed pursuant to the
administrative review procedure set forth in Subsection F above. At the option
of the applicant, an application for collocation on an existing
telecommunications tower may be reviewed as a shared use of an existing tall
structure as provided in Subsection G(2) below.
See Exhibit F; no opportunity for collocation exists.
(2) Shared use of existing tall structures. At all times, shared use of existing tall
structures (for example, municipal water towers, multistory buildings) shall be
preferred to the construction of new towers. In addition to the requirements of
Subsection G above, an applicant proposing to share use of an existing tall
structure shall be required to submit
(a) A complete site plan review application.
(b) Documentation of intent from the owner of the existing facility to allow
shared use.
(c) An engineer's report certfing that the proposed shared use will not
diminish the structural integrity and safety of the existing tall structure
or explaining what modifications, if any, would be required in order to
certify to the above.
(d) A copy of the Federal Communications Commission (FCC) license for
operation of the new equipment.
See the enclosed Site Plan and Exhibit A. Exhibit H, and Exhibit K.
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(3) New telecommunications towers on lots already containing a tower.
Construction of a new telecommunications tower on a lot already containing a
telecommunications tower shall be given third priority after collocation on an
existing tower and shared use of an existing tall structure. The Planning Board
may consider a new telecommunications tower on a lot already containing a
telecommunications tower when:
(a) The applicant documents that collocation on an existing
telecommunications tower or shared use of an existing tall structure is
not practical.
[1] The applicant shall submit a report locating and inventorying all
existing tall structures and existing or approved
telecommunications towers within a reasonable distance of the
proposed site. This distance shall be determined by the Planning
Board in consultation with the applicant.
12J The applicant shall document good faith efforts to secure shared
use from the owner of each existing tall structure and existing or
approved telecommunications tower. Such documentation shall
include written requests for shared use, expenses for shared use
and an explanation of the physical, technical and/or financial
reasons why shared usage is not practical in each case.
(b) The applicant submits a copy of the Federal Communications
Commission (FCC) license for operation of the new equipment.
See Exhibit F, Exhibit G and the enclosed Site Plan; the Project so
complies.
(4) New telecommunications towers on lots not already containing a tower.
Construction of a new telecommunications tower on a lot not already
containing a telecommunications tower shall be given fourth priority after
collocation on existing towers, shared use of existing tall structures and
construction of a tower on a lot already containing a tower. The Planning
Board may consider a new telecommunications tower on a lot not already
containing a telecommunications tower when:
(a) The applicant documents that collocation on an existing
telecommunications tower, shared use of an existing tall structure and
locating the tower on a lot already having a telecommunications tower
are not practical.
[11 The applicant shall submit a report locating and inventorying all
existing tall structures and existing or approved
telecommunications towers within a reasonable distance of the
proposed site. This distance shall be determined by the Planning
Board in consultation with the applicant.
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[2] The applicant shall document good faith efforts to secure shared
use from the owner of each existing tall structure, existing or
approved telecommunications tower and lot already containing a
telecommunications tower. Such documentation shall include
written requests to each owner, estimated expenses and an
explanation of the physical, technical and/or financial reasons
why collocation on an existing telecommunications tower, shared
use of an existing tall structure or location on a lot already
containing a tower is not practical in each case.
(b) The applicant submits a copy of the Federal Communications
Commission (FCC) license for operation of the new equipment.
See Exhibit F. Exhibit G and the enclosed Site Plan.
H. Setbacks. Telecommunications towers and antennas shall comply with all existing
setbacks within the affected zone. Additional setbacks may be required by the Planning
Board to contain on-site substantially all icefall or debris from tower failure and/or to
preserve privacy of adjoining residential and public property. Setbacks shall apply to
all tower parts including guy wire anchors and to any accessory facilities.
Despite seven communications with the Planning Department, Verizon Wireless has been
unable to determine if there are any required setbacks.
Access and parking. A road and parking shall be provided to assure adequate
emergency and services access. Maximum use of existing roads,public or private,
shall be made. Road construction shall at all times minimize ground disturbance and
vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet
beyond the edge of any pavement. Road grades shall closely follow natural contours to
assure minimal visual disturbance and reduce soil erosion potential.
See the enclosed Site Plan; the Project so complies.
J. New telecommunications tower design. Alternative designs shall be considered for all
new telecommunications towers, including lattice and single pole structures. The
design of all proposed new telecommunications towers shall comply with the following:
(I) Any new tower shall be designed to accommodate future shared use by other
telecommunications providers.
(2) The maximum height of any new tower shall not exceed that which is necessary
to provide service.
(3) The Board may request a review of the application by a qualified engineer in
order to evaluate the need for and the design of any new tower.
(4) Accessory structures shall maximize the use of building materials, colors and
textures designed to blend with the natural surroundings.
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(5) No portion of any tower or accessory structure shall be used for a sign or other
advertising purpose, including but not limited to company name,phone
numbers, banners and streamers.
(6) Towers shall not be artificially lighted except to assure human safety as
required by the Federal Aviation Administration (FAA). Towers shall be a
galvanized finish or painted gray above the surrounding treeline and painted
gray,green, black or similar colors designed to blend into the natural
surroundings below the surrounding treeline unless other standards are
required by the FAA. Towers should be designed and sited so as to avoid
application of FAA lighting and painting requirements whenever possible.
As outlined in this Application, the Project so complies.
K. All towers and accessory facilities shall be sited to have the least practical adverse
visual effect on the environment.
As outlined in this Application, the Project so complies.
L. Authority to impose conditions. The Planning Board shall have the authority to
impose such reasonable conditions and restrictions as are directly related to and
incidental to the proposed telecommunications tower site plan.
No response necessary.
M. Removal upon abandonment. The applicant shall submit to the Planning Board a
letter of intent committing the owner of a telecommunications tower or antenna and
his/her successors in interest to notify the Zoning Administrator within 30 days of the
discontinuance of use of the tower or any antenna affixed to a tower or other tall
structure. This letter shall be filed with the Zoning Administrator prior to issuance of
a building permit (assuming the application is approved according to this section).
Obsolete or unused towers, antennas and accessory structures shall be removed from
any site within four months of such notification. Failure to notify and/or to remove the
obsolete or unused tower, antenna or accessory structure in accordance with these
regulations shall be a violation of this chapter and shall be punishable according to
Article 17, Enforcement.
See Exhibit L; Verizon Wireless will so comply.
N. Intermunicipal notification for new towers. In order to keep neighboring
municipalities informed and to facilitate the possibility of directing that an existing
telecommunications tower or existing tall structure or lot containing an existing
telecommunications tower in a neighboring municipality be considered for shared use
and to assist in the continued development of County 911 Services, the Board shall
require that:
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(1) An applicant who proposes a new telecommunications tower shall notify in
writing the legislative body of each municipality that borders the Town of
Queensbury and the Director of Warren County Emergency Services.
Notification shall include the exact location of the proposed tower and a
general description of the project, including but not limited to the height of the
tower and its capacity for future shared use.
(2) An applicant who proposes a new telecommunications tower within the
Adirondack Park shall notify in writing the Adirondack Park Agency.
Notification shall include the exact location of the proposed tower and a
general description of the project, including but not limited to the height of the
tower and its capacity for future shared use.
(3) Documentation of this notification shall be submitted to the Planning Board at
the time of application.
See Exhibit J.
O. Public hearing and notification of nearby landowners. Except for applications for
collocation on an existing telecommunications tower reviewed pursuant to
Subsection F above, a public hearing shall be held for all applications for location of a
telecommunications tower or antenna. The Town shall be required to mail notice of
the public hearing directly to all landowners whose property is located within 500 feet
of the property line of the parcel on which a tower or antenna is proposed. Notice shall
also be mailed to the administrator of any state or federal parklands from which the
proposed tower or antenna would be visible if constructed. Notification, in all cases,
shall be made by certified mail. Documentation of this notification shall be submitted
to the Board prior to the public hearing.
No response necessary.
P. Maintenance and/or escrow account. Prior to approval of any application, the
Planning Board, at its sole discretion, may require the applicant and/or the owner to
establish a maintenance and/or escrow account in an amount sufficient to cover the
technical review, installation, maintenance, construction and removal of the proposed
telecommunications tower or antenna during its lifetime. The amount required shall
be determined at the sole discretion of the Board, based upon the unique
characteristics of the tower(or antenna) and the site. The applicant and/or owner
shall cooperate with the Board in supplying all necessary construction and
maintenance data to the Board prior to approval of any application. Cost estimates
may be reviewed by the Town Consulting Engineer at the Planning Board's discretion.
Verizon Wireless will comply if requested by the Planning Board.
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II. General Site Plan Requirements (§179-9-040 et. seq.)
§179-9-040. Preapplication conference.
Prior to making application for a site plan review, an applicant must schedule and
attend a preapplication meeting with the Town planning staff. The purpose of the meeting is
to review the applicable regulations and application requirements, as well as the procedure for
review and policies and procedures of the Planning Board. No application will be accepted for
review by the Planning Board until the preapplication conference is held.
§179-9-050. Application for site plan review.
The required pre-application meeting was held on August 7, 2013.
Application for project approval shall be made to the Planning Board using forms
supplied by the Board. Applications shall include reasonably sufficient information for the
Board to make its findings under§§179-9-070 and 179-9-080 below. In determining the
content of these application forms, the Planning Board may provide for different
informational requirements for different classes or types of projects, but with each certain
class or type of project, the same information required by these various application forms may
include any or all of the following:
A. A detailed description of the natural features of the project and its components,
including all proposed roads and accesses, water supply and sewage disposal
systems, and their relationship to natural features.
B. An analysis, with supporting data, on the impact of the project on the
environment, both during construction and thereafter.
C. An analysis and supporting date of any benefits that might derive from the
project.
See Exhibit B, Exhibit F, Exhibit I and the enclosed Site Plan.
§179-9-060. Fees.
In addition to the fee listed on the schedule of fees, the Planning Board may charge a
fee to developers of projects requiring legal and technical review,provided that the fee
charged reflects the actual cost of legal and technical assistance to the Planning Board. This
fee is not to exceed$1,000 without notice to the applicant.
No response necessary.
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§179-94070. Procedure.
A. Adirondack Park Agency projects. All proposals, uses or projects located within
the Adirondack Park which require regional project review shall be referred to
the Adirondack Park Agency for such review simultaneously to the site plan
review process. The Zoning Administrator shall refer copies of a complete
application within 10 days of receipt to the APA along with additional
information the Agency may deem necessary.
B. County referral. For applications within 500 feet of the Town boundary or a
proposed or existing state or county park or recreation area, right-of-way,
parkway, throughway, road or highway, stream drainage channel or easement,
public building or institution, not later than 10 days following receipt of a
complete application for said project, the Zoning Administrator shall notes and
furnish the Warren County Planning Board, in accordance with General
Municipal Law§§239-1 and 239-m, with such pertinent information as the
Warren County Planning Board may deem necessary for review and comment.
This referral requirement may be subject to modification as outlined in a
Inter municipal agreement between the Town and county.
C. Public hearing requirement. The Planning Board shall fix a time, within 31
days from the day an application for site plan approval is made,for the hearing
of any matter referred to under this section if a public hearing is deemed
necessary by the Planning Board. In determining whether a public hearing is
necessary, the Planning Board shall be guided by the expected level of public
interest in the project and the possibility of an eventual disapproval. No site
plan review project may be disapproved unless a hearing shall have first been
held on the project application. The Planning Board shall give public notice
thereof by the publication in the official newspaper of such hearing at least five
days prior to the date thereof
(1) In the case of actions within the Adirondack Park, a copy of the public
hearing notice shall be mailed to the Adirondack Park Agency and to
the Zoning Board of Appeals. The Adirondack Park Agency shall be a
full party in interest, with standing to participate in any and all
proceedings on projects within the Adirondack Park conducted pursuant
to this section.
(2) The Planning Board shall decide on the application within 31 days after
such a hearing or after the application is filed if no hearing has been
held;provided, however, that the time within which the Planning Board
must render its decision may be extended by mutual consent of the
applicant and the Planning Board.
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D. Filing of decisions. The decision of the Planning Board shall immediately be
filed in the office of the Town Clerk and a copy thereof mailed to the applicant.
The decision shall contain such findings of fact as are required by§179-9-070
hereof The Planning Board, in conjunction with its approval of any site plan
review project, may impose such requirements and conditions as are allowable
within the proper exercise of the police power, including the restriction of land
against further development of principal buildings (whether by deed restriction,
restrictive covenant or other similar appropriate means to ensure that
guidelines as to intensity or development as provided in this chapter shall be
respected) and the imposition of reasonable conditions (to ensure that the
project will be adequately supported by services and improvements made
necessary by the project and to ensure that the project will be completed in
accordance with the terms of the application and any permit) and including,
without limitation, the requirements and conditions authorized under§§179-9-
070 and 179-9-080. In addition, the Planning Board may require that the
Zoning Administrator incorporate any such requirements and conditions in any
permit issued with regard to such site plan review project. In the case of
projects located within the Adirondack Park, the decision shall also be sent to
the Adirondack Park Agency.
E. Expiration of approvals. Unless otherwise specified or extended by the
Planning Board, a decision on any site plan review shall expire if the applicant
fails to undertake the proposed action or project, to obtain any necessary
building permits, to construct any proposed new building(s) or change any
existing buildings) or to comply with the conditions of said authorization
within one year from the filing date of such decision thereof
No response necessary.
§179-9-080. Requirements for approval.
The Planning Board shall not approve a use unless it first determines that such site
plan review use meets all applicable standards. In order to approve any site plan review use,
the Planning Board shall find that:
A. The use complies with all other requirements of this chapter, including the site
plan review standards as set forth in Subsection F of this section, the
dimensional, bulk, and density regulations of the zoning district in which it is
proposed to be located(Table 4), the applicable requirements of Article 4,
Schedule of Regulations, the applicable requirements of Article 5,
Supplementary Regulations, the applicable standards and requirements of
Article 6, Environmental and Performance Standards, the standards/guidelines
in Article 7, Design Guidelines, and the requirements of Article 8, Landscaping
and Buffering Standards.
B. The use will be in conformance with Chapter 136, Sewers and Sewage Disposal,
Chapter 147, Stormwater Management, and other applicable local laws.
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C. The use would be in harmony with the general purpose or intent of this chapter,
specifically taking into account the location, character and size of the proposed
use and the description and purpose of the district in which such use is
proposed, the nature and intensity of the activities to be involved in or
conducted in connection with the proposed use and the nature and rate of any
increase in the burden on supporting public services and facilities which will
follow the approval of the proposed use.
D. The establishment, maintenance or operation of the proposed use would not
create public hazards from traffic, traffic congestion or the parking of vehicles
and/or equipment or be otherwise detrimental to the health, safety or general
welfare of persons residing or working in the neighborhood or to the general
welfare of the Town. In the review of such projects the Planning Board shall
consider and make a finding that traffic access and circulation, road
intersections, road and driveway widths, and traffic controls are adequate.
Additionally, the Board should find that the off-street parking and loading
facilities are appropriately located and arranged and sufficient to meet traffic
anticipated to be generated by the new use. In the review of commercial and
industrial development, where internal roadways are not provided, the Planning
Board shall determine if it is feasible to link parking areas to allow for an
internal flow of traffic. Where it is feasible, a twenty foot connection way must
be provided. If the adjacent property is undeveloped, then a connection way
shall be identified on the site plan for future linkage. The Planning Board shall
also consider interconnection of commercial use areas or other properties to
allow for pedestrian access and circulation.
E. The project would not have an undue adverse impact upon the natural, scenic,
aesthetic, ecological, wildlife, historic, recreational or open space resources of
the Town or the Adirondack Park or upon the ability of the public to provide
supporting facilities and services made necessary by the project, taking into
account the commercial, industrial, residential, recreational or other benefits
that might be derived from the project In making the determination hereunder,
the Planning Board shall consider those factors pertinent to the project
contained in the development considerations set forth herein under this§179-
9-080 of this chapter, and in so doing, the Planning Board shall make a net
overall evaluation of the project in relation to the development objectives and
general guidelines set forth in this§179-9-080 of this article.
F. The Planning Board review of the site plan shall include, as appropriate, but
not be limited to, the following general standards:
(1) The location, arrangement, size, design and general site compatibility of
buildings, lighting and signs.
(2) The adequacy and arrangement of vehicular traffic access and
circulation, including intersections, road widths,pavement surfaces,
dividers and traffic controls.
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(3) The location, arrangement, appearance and sufficiency of off-street
parking and loading.
(4) The adequacy and arrangement of pedestrian traffic access and
circulation, walkway structures, control of intersections with vehicular
traffic and overall pedestrian convenience.
(5) The adequacy of stormwater drainage facilities, including conformance
with the drainage standards of Chapter A183, Subdivision of Land, of
the Code of the Town of Queensbury.
(6) The adequacy of water supply and sewage disposal facilities.
(7) The adequacy, type and arrangement of trees, shrubs and other suitable
plantings, landscaping and screening constituting a visual and/or noise
buffer between the applicants and adjoining lands, including the
maximum retention of existing vegetation and maintenance, including
replacement of dead or diseased plants.
(8) The adequacy offire lanes and other emergency zones and the provision
offire hydrants.
(9) The adequacy and impact of structures, roadways and landscaping in
areas with susceptibility to ponding,flooding and/or erosion.
(10) Conformance with the design guidelines, landscaping standards and
performance standards of this chapter.
As outlined in the Application, the Project so complies.
§179-9-090. Financial security.
The Planning Board or Town Board may require the posting of financial security in
the form of bond, letter of credit or other instrument in order to ensure that improvements are
carried out as specified in the plans and approvals. The Boards shall follow the procedures in
Chapter A183, Subdivision of Land, of the Code of the Town of Queensbury or New York
State Town Law§277, Subdivision 9,for such bonds.
§179-9-100. Development considerations.
No response necessary.
The following are those factors which relate to potential for adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of
the Town of Queensbury. These factors, listed below, shall be considered, as provided in this
chapter, before any site plan review project is undertaken in the Town. Any burden on the
public in providing facilities and services made necessary by such land use and development
or subdivisions of land shall also be taken into account, as well as any commercial, industrial,
residential, recreational or other benefits which might be derived therefrom.
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A. Natural resource considerations shall be as follows.
(1) Water.
(a) Existing surface and ground water quality.
(b) Natural sediment or siltation.
(c) Eutrophication.
(d) Existing drainage and runoff patterns.
(e) Existing flow characteristics.
( Existing water table and rates of recharge.
(2) Land.
(a) Existing topography.
(b) Erosion and slippage.
(c) Floodplain and flood hazard.
(d) Mineral resources.
(e) Viable agricultural soils.
CO Forest resources.
(g) Open space resources.
(h) Vegetative cover.
(i) The quality and availability of land for outdoor recreational
purposes.
(3) Air.
(a) Air quality.
(4) Noise.
(a) Noise levels.
(5) Critical resource areas.
(a) Rivers and corridors of rivers designated to be studied as wild,
scenic or recreational in accordance with the Environmental
Conservation Law.
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(b) Water bodies and streams and their floodplains and corridors.
(c) Rare plant communities.
(d) Habitats of rare and endangered species and key wildlife
habitats.
(e) Alpine and sub Alpine life zones.
(fl Wetlands.
(g) Elevations of 2,500 feet or more.
(h) Unique features, including gorges, waterfalls and geologic
formations.
(6) Wildlife.
(a) Fish and wildlife.
(7) Aesthetics.
(a) Scenic vistas.
(b) Natural and man-made travel.
B. Historic site considerations shall be as follows:
(1) Historic factors.
(a) Historic sites or structures.
C. Site development considerations shall be as follows:
(1) Natural site factors.
(a) Geology.
(b) Slopes.
(c) Soil characteristics.
(d) Depth to groundwater and other hydrological factors.
(2) Other site factors.
(a) Adjoining and nearby land uses.
(b) Adequacy of site facilities.
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D. Governmental considerations shall be as follows:
(1) Governmental service and finance factors.
(a) Ability of government to provide facilities and services.
(b) Municipal school or special district taxes or special district user
charges.
E. Governmental review considerations shall be as follows:
(1) Governmental control factors.
(a) Conformance with other governmental controls.
As demonstrated by Part I of the Full Environmental Assessment Form (EAF) and Visual
Addendum attached hereto as Exhibit I the Project will have little, if any, impact on the
environment, while at the same time providing necessary wireless telecommunications service to
the emergency service providers, residents and business owners in and around the Town of
Queensbury.
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