HomeMy WebLinkAboutBZA 3229 - 115 Northcross Road - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3229
Applicant: Verizon Wireless and Nixon Peabody LLP
Owner: Cornell University
Property Location: 115 Northcross Road
Zoning District: U-1
Applicable Section of City Zoning Code: Section 325-29.8(C)(1).
Requirement for Which Variance is Requested: Design Standards for Personal Wireless Service
Facilities.
Publication Dates: September 23, 2022 and September 26, 2022.
Meeting Held On: September 26, 2022.
Summary: Appeal of Verizon Wireless and Nixon Peabody LLP on behalf of property owner Cornell
University for an area variance from Section 325-29.8C(1), Design Standards for Personal Wireless Service
Facilities, of the City of Ithaca Zoning Ordinance. The applicant proposes to remove fifteen existing
antennas and replace them with twelve new antennas. The proposal also includes the addition of six remote
radio head (RRH) units; six overvoltage protection (OVP) boxes; six CBC combiners; and associated cables
to the company’s existing personal wireless service facility (PWSF) located on the rooftop of Mary Donolon
Hall on the Cornell University campus. The proposal is considered a modification of the existing PWSF.
The City recently amended Article VA, Telecommunications Facilities and Services, of the Zoning
Ordinance, and the amendment requires all PWSF to be located at least 250’ from adjacent residences. The
existing PWSF at this site is located on the rooftop of a residential building. This is an existing deficiency
that will not be exacerbated by this proposal.
115 Northcross Road is located in the U-1 district in which the proposed PWSF is permitted. However,
Sections 325-29.6 and 325-29.16 require compliance with Article VA, including the location requirements
set forth in Section 325-29.8, before a building permit may be issued. Section 325-29.28 authorizes the
Board of Zoning Appeals to grant a variance from any provision of Article VA.
Public Hearing Held On: September 26, 2022.
Members present:
Michael Cannon
Andre Gardiner
Joseph Kirby
David Barken, Chair
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Megan Wilson, Secretary to the Board of Zoning Appeals
Telephone: 607-274-6550 Fax: 607-274-6558 E-Mail: mwilson@cityofithaca.org
There were no comments in support of or in opposition to the appeal.
Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law:
Not applicable.
Environmental Review: Type 2
This is a Type 2 Action under the City of Ithaca Environmental Quality Review Ordinance and the State
Environmental Quality Review Act and is not subject to Environmental Review.
Planning & Development Board Recommendation:
As this is an existing nonconformity and an update not causing visual impact, the Planning board finds no
long-term negative impacts to planning.
Motion: A motion to grant the variance request was made by M. Cannon.
Deliberations & Findings:
The Board acknowledged that this is an existing installation and the modification will not exacerbate the
existing deficiency.
Factors Considered:
1. Whether an undesirable change would be produced in the character of the neighborhood or a
detriment to nearby properties: Yes No
The proposed installation is a modification of an existing personal wireless service facility (PWSF) that has
been located on the rooftop of the property for many years. The new installation will replace existing
equipment, and there is no evidence that this change will produce an undesirable change to neighborhood
character or have a negative impact on nearby properties.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes No
The locations of personal wireless service facilities are determined by service coverage requirements.
While there is a limited radius where the PWSF can be located, it is preferred, as stated in the Zoning
Ordinance, to co-locate equipment on existing sites whenever possible to limit any visual impacts.
Furthermore, any alternate location within the limited radius of this property will also be deficient in the
resident setback requirements of the zoning ordinance.
3. Whether the requested variance is substantial: Yes No
The proposed installation will be located on the roof of a residential structure, and a residential setback of
250’ is required by the Zoning Ordinance. While this is a deficiency of 100% of the required setback, this
is a deficiency caused by the location of the existing PWSF site on which the new antenna array will be co-
located and will not be exacerbated by the proposal.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No
The new PWSF equipment will be part of an existing installation on the property. There is no evidence to
indicate that this modification will have an adverse impact on any physical or environmental conditions.
5. Whether the alleged difficulty was self-created: Yes No
The applicant is proposing to install the new equipment at an existing PWSF location to mitigate visual
clutter, as requested by the City. The residential setback deficiency is an existing deficiency that predates
the City’s adoption of the residential setback requirement.
Second Motion to Grant Variance: Made by J. Kirby.
Vote: 4-0-0
Michael Cannon YES
Andre Gardiner YES
Joseph Kirby YES
David Barken, Chair YES
Determination of the BZA Based on the Above Factors:
The BZA, taking into the five factors for an area variance, finds that the benefit to the applicants outweighs
the detriment to the neighborhood or community. The BZA further finds that the variances from the Zoning
Ordinance, §325-29.8(C)(1) is the minimum variance that should be granted in order to preserve and
protect the character of the neighborhood and the health, safety, and welfare of the community.
___________________________ September 26, 2022
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals