HomeMy WebLinkAboutBZA 3252 - 214 N Meadow St - Decision
CITY OF ITHACA BOARD of ZONING APPEALS
Area Variance Findings & Decision
Appeal No.: 3252
Applicant: Bell Atlantic Mobile Systems, LLC Verizon Wireless
Owner: Bull Bros. Inc.
Property Location: 214 N Meadow
Zoning District: WEDZ-1a
Applicable Section of City Zoning Code: Section 325-29.8 (B)(1) and Section 325-29.8(C)(1).
Requirement for Which Variance is Requested: Siting Standards for Personal Wireless Service
Facilities; Design Standards for Personal Wireless Service Facilities.
Publication Dates: July 6, 2023 and July 11, 2023.
Meeting Held On: July 11, 2023.
Summary: Appeal of Bell Atlantic Mobile Systems LLC and Verizon Wireless, on behalf of property
owner Bull Bros. Inc., for an for an area variance from Section 325-29.8B(1)(h), Siting Standards for
Personal Wireless Service Facilities, and Section 325-29.8C(1), Design Standards for Personal Wireless
Service Facilities, of the City of Ithaca Zoning Ordinance. The applicant proposes to remove and replace
one antenna and related equipment on the company’s existing personal wireless service facility (PWSF)
located on the property at 214 N Meadow Street. 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 property is located directly next to a residential property. This is an existing
deficiency that will not be exacerbated by this proposal.
214 N Meadow Street is located in the WEDZ-1a district in which the proposed PWSF is permitted.
However, Section 325-29.28 requires that an area variance be granted before a building permit is issued.
Public Hearing Held On: July 11, 2023.
Members present:
Michael Cannon
Andre Gardiner
Joseph Kirby
David Barken, Chair
There were no comments from interested parties in support of or in opposition to the appeal.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Zoning
Megan Wilson, Secretary to the Board of Zoning Appeals
Telephone: 607-274-6550 Fax: 607-274-6558 E-Mail: mwilson@cityofithaca.org
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.
Ithaca Landmarks Preservation Commission Recommendation:
Not applicable
Motion: A motion to grant variance #3252 for 214 N Meadow St. was made by M. Cannon.
Deliberations & Findings:
The Board acknowledged that this is an existing installation that involves the replacement of equipment.
The modification will not exacerbate the existing setback deficiencies.
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 a telecommunications tower that was built in 1980. The new installation will replace
existing equipment and add similar 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 190’ from the nearest residential structure, and a residential
setback of 250’ is required by the Zoning Ordinance. While this is a deficiency of 34% of the required
setback, this is a deficiency caused by the location of the existing PWSF site on which the ne w antenna
array will be co-located and will not be exacerbated by the proposal.
The proposed installation will be collocated with other PWSF provided by other carriers. A setback of
1500’ from all other PWSF is required by the Zoning Ordinance. While this is a deficiency of 100% of the
new setback requirement, this is a deficiency caused by the existing locations of other PWSF 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 t o mitigate visual
clutter, as requested by the City. Both setback deficiencies are existing deficiencies that predate the City’s
adoption of the setback requirements.
Second Motion to Grant Variance: Made by J. Kirby
Vote: 4-0-0
Andre Gardiner YES
Joseph Kirby YES
Michael Cannon 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 (B)(1) and §325-29.8(C)(1) are the minimum variances that should be granted in
order to preserve and protect the character of the neighborhood and the health, safety, and welfare of the
community.
___________________________ July 11, 2023
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals