Setback shortfall at proposed site raises variance question under Taghkanic Local Law
Verizon acknowledged an east-side property-line setback of about 256 feet at the proposed Route 82 site, short of the town's 400-foot rule; town counsel said the ZBA has authority to grant variances for public utilities if setbacks cannot be met.
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Taghkanic Local Law No. 6 (2002) requires 400-foot setbacks from property lines and 500-foot setbacks from residential structures for newly constructed transmission towers; the ZBA discussed those rules during the Aug. 24 review. "Taghkanic Local Law 6 of the Year 2002 requires that all newly constructed transmission towers be sited for setbacks of 400 feet to property lines and setbacks of 500 feet to residential structures," the meeting record states.
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