HomeMy WebLinkAbout2001-07-09 - BZA L
TOWN OF ULYSSES
BOARD OF ZONING APPEALS
7 / 9 / 2001
PRESENT: B.Z.A. Chairman George Tselekis, B. Z .A. members Jim Hickey and
Carl Mann, Code Enforcement Officer Alex Rachun , and Zoning Clerk Karin
Lanning .
ALSO PRESENT: Kevin Crowther and Tony Marshall, representing Independent
Wireless One, Gerry Reynolds, president of the Trumansburg Fair Board, and
Fred Vanderzee, neighbor of the Trumansburg Fairgrounds.
Chairman George Tselekis called the meeting to order at 7 : 36 pm .
The first order of business before the Board was a hearing for three variances for
a project proposed by Independent Wireless One, to construct a cellular
communications tower on the site of the Trumansburg Fairgrounds.
Mr. Crowther and Mr. Marshall described the project. The tower proposed will be
a free-standing, 120' structure located near Rabbit Run Road , on the site of the
Trumansburg Fairgrounds. Variances are needed for three different issues that
the proposed project will raise.
First, the Zoning Ordinance requires a variance for any tower that will be over
100' tall . Since the proposed tower will be 120' tall , a variance is needed for the
height restriction .
In support of the variance, the representatives of Independent Wireless One
explained that the tower needs to be 120' in order for the tower to adequately
serve those areas of the Town that are currently void of cellular communications
capability. The representatives presented a series of maps of the area, which
show how much of the Town of Ulysses and surrounding Towns could be
covered with 100' , 120' and 130' towers at the Trumansburg Fairgrounds, no
tower other than the "White Elephant", located on the site of the Old County
Home, and a 100' antenna mounted on the Village of Trumansburg Water
Tower. Refferring to the maps, the representatives explained that while a 100'
tower would be insufficient, a 120' tower would adequately serve the area .
A second variance is needed because, in Section n ( F) c of the Town of Ulysses
Zoning Ordinance (in the 'Tower Ordinance"), a tower is required to be
constructed at least twice its height from property borders. The proposed 120'
tower, according to this regulation should then be at least 240' away from any
property lines. In fact, the proposed site would place the tower approximately
125' from the nearest property lines.
In support of the second variance, it was noted that the placement of the tower
has been planned in such a way that the tower will not hit any structures, either
at the site of the Trumansburg Fair Grounds, or on neighboring properties, if it
should fall . As proposed, the tower will be at least 125' from all nearby
structures.
The third and final variance is needed because, in Section n (F) e of the Town of
Ulysses Zoning Ordinance, a tower' s base shall be at least 300' from the nearest
dwelling . A residence is located 291 ' from the base of the proposed tower.
Having stated in their proposal that they will do all that they can to screen the
tower from their neighbors' views in the proposal , the representatives stated
that, since the nearest residence is still significantly more than one times the
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tower's height from the nearest residence, constructing it 291 ' instead of 300'
from the nearest dwelling will not create an unsafe situation .
Mr. Mann asked the representatives if they had looked into sharing a pre-existing
tower. The representatives stated that Independent Wireless One looked into
several local towers, none of which met the needs of the proposed project.
Mr. Mann asked how it was that no existing tower would suffice for this project,
even though the towers serve other communication needs.
Mr. Crowther explained that different corporations and services operate with
higher or lower levels of technology, which determine what towers will and will
not be adequate.
Mr. Hickey asked if sharing towers would not be viewed as undesireable by
communications companies.
Mr. Crowther and Mr. Marshall stated that if it is at all possible for multiple
communications companies to share a tower, this is greatly to be desired .
Sharing towers is far less of a financial burden than building a new tower, and
communications companies will cooperate with one another in order to enjoy the
cost-effective practice of sharing a tower.
Mr. Mann asked if the company had contacted anyone regarding the tower
located at Sheffield and . Bostwick Roads in the Town of Enfield . The
representatives stated that they had, and that this tower has been excluded as a
possibility for the proposed project as well as for project, being considered to
serve the Ithaca area .
Mr. Rachun and the Board members briefly discussed the role of the B.Z.A. and
the Town Planning Board in this matter. Mr. Rachun stand that the B.Z.A, should
go ahead and address the area variances, so that when the project comes before
the Planning Board, it can act with the knowledge that the B.Z.A. has already
addressed these issues.
Noting that the B.Z.A. members needed time to review the proposal in light of
the Tower Ordinance, Mr. Tselekis asked if the Board would like to review the
documents at this time or adjoum the meeting to a future date for action on the
proposal .
Mr. Hickey stated that it would be better to adjourn the meeting to a future date.
The re-adjournment of the meeting was scheduled for Monday, July 16th, 2001 at
7 : 30 in the Ulysses Town hall.
The second matter of business before the Board was action on the minutes of
May 14th, 2001 , May 16th, 2001 , and May 21' 2001 . Noting the lack of an
appropriate quorum, the minutes of May 14th were tabled .
Mr. Mann moved, seconded by Mr. Hickey to approve the minutes of May 16th,
2001 as presented .
Mr. Hickey aye
Mr. Mann aye
Mr. Tselekis aye
Adopted .
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Mr. Hickey moved, seconded by Mr. Mann to approve the minutes of May 21st,
2001 as presented .
Mr. Hickey aye
Mr. Mann aye
Mr. Tselekis aye
Adopted .
Noting no further business for the evening, Mr. Hickey moved, seconded by Mr.
Mann to adjourn tonight's meeting, to be reconvened at 7 : 30 pm on Monday,
July 16th, 2001 at the Ulysses Town Hall .
Respectfully submitted ,
Kahn T. Lanning
Zoning Clerk