HomeMy WebLinkAboutZBA Resolution 25-01 1767 E Shore Dr. Use Variance Lead Agency and Neg DecTOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION
DECLARATION OF LEAD AGENCY & SEQRA NEGATIVE DECLARATION
VERIZON REACH RUN 149' CELLULAR COMMUNICATION'S TOWER
BACKGROUND INFORMATION
Applicant: Jared Lusk, Variance No: 24-17
Bell Atlantic Mobil Systems dba Verizon
Zoning District: R2
Property Location:1767 E Shore Drive Adft
Public Hearing Published on: 1/31/2025
Tax Parcel #: 37.1-6-9 600' Notices Mailed: 1/28/2025
RESOLUTION AND FINDINGS .�.
WHEREAS; an application was made by Jared Lusk, agent representing Bell Atlantic Mobil Systems LLC dba Verizon
Wireless, for a Use Variance to locate and operate a 149' monopole cellular communication tower and accompanying
support facility (as shown in the drawing set "Site Name: Reach Run Zoning Drawings" dated 1/30/2025) on land leased
from the Community Rec Center INC located at TPN 37.1-6-9. The project site consists of approximately 4900 sq/ft of
land located in the R2 — Residential Moderate Density zoning district which does,not permit cellular communication
facilities. This project will need to receive 1) Site Plan Review and approval from the4,TOL Planning Board in addition to
the issuance of this 2) Use Variance and 3) Special Use permit for a cellular communication tower.
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WHEREAS; proof of Verizon Wireless's FCC licenses wen addition to proof of compliance with all NIER emissions
requirements, provided to the Town; and r
WHEREAS; a notice of FAA clearance was provided to the Town; and
WHEREAS; the Town of Lansing Planning Board, Tompkins County, Cayuga County, Seneca County, Town of Enfield,
Town of Groton, Town of Dryden, Town of Ithaca, Town of Locke, Town of Ulysses, Town of Genoa, Village of Cayuga
Heights and Town of Covert were notified and given the opportunity to comment on the proposed action; and
WHEREAS; Project plans, and related information, were duly delivered to the Tompkins County Planning and
Sustainability Department per General Municipal Law § 239; et seq., and such Department responded in a letter dated 21
October 2024, from Katherine Borgclla, Tompkins County Commissioner of Planning, pursuant to §239 -1, -m, and -n of
the New York State General Municipal Law, which determined that the proposed action will have no significant county
wide or inter community impact: and `
it
WHEREAS; legal notice was published on 31 January 2025 and adjacent property owners within 600 linear feet were
notified by mail on the same date, pursuant to Town Code § 270-27(F); and
WHEREAS; 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA") requires that a Lead Agency be
established for conducting environmental review of projects in accordance with state environmental law and the Lead
Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action;
and
WHEREAS; the Town of Lansing Zoning Board of Appeals ("ZBA"), being the local agency which has primary
responsibility for approving this action, did on 8 January 2025 classify the project as a Unlisted action and declared itself
the Lead Agency for the purpose of SEQRA review; and
WHEREAS; a public hearing was duly held before the ZBA on 12 February 2025, and the public was duly allowed to
speak upon and address the proposed project, including the SEQR environmental review portion thereof,
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WHEREAS; each of the identified impacts were analyzed and duly considered by the Zoning Board of Appeals, as Lead
Agency, in relation to the question of whether such impacts were so probable of occurring or so significant as to require a
positive declaration of environmental impacts, and after weighing the potential impacts arising from or in connection with
this Use Variance approval, and after also considering: (i) the probability of each potential impact occurring, including
weighing the highly speculative nature of some potential future contingencies and the potential non -highly speculative
nature of others; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including a
consideration of permanently lost resources of value; (iv) whether each potential impact can or will be controlled or
mitigated by permitting, reviews, or other regulatory processes; (v) the regional consequence of the potential impacts; (vi)
the potential for each impact to be or become inconsistent with the Town's Master Plan or Comprehensive Plan and local
needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts; the
Planning Board found that these factors did not cause any potential negative environmental or related social or resource
impact to be or be likely to become a moderate or significant negative impact; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: A
The Town of Lansing Zoning Board of Appeals, based upon (i) its thorough review of the FEAF pt. 1, and all other
documents prepared and submitted with respect to this proposed action and itt environmental review, (ii) its thorough review
of the potential relevant areas of environmental concern of the proposed project to detennine if the proposed action may
have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and
(iii) its completion of the FEAF, Part 2 and its determination at Part 3, including any findings noted therein (which findings
are incorporated herein and set forth at length), hereby makes a negative determination of environmental significance
("NEGATIVE DECLARATION") in accordance with SEQRA for the above referenced proposed action, and determines
that an Environmental Impact Statement will not be required; and it is
FURTHER RESOLVED; that a responsible Officer of the Town of Lansing is hereby authorized and directed to complete
and sign, as required, the determination of sitcance, confinning the foregoing Negative Declaration, which the fully
completed and signed FEAF and determinatiorf"b# significance shall be incorporated by reference in these resolutions.
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Dated: 12 February 2025
Motioned by: Richard Hayes
Seconded by: Susan Tabrizi
VOTE AS FOLLOWS
Richard Hayes - Aye
Jamie Jones (Alt.)'- Ave
Mary Stoe - Absent
Susan Tabrizi - Aye
Roger VandePoel - Aye
Jack Young - Aye
N
Received in the Lansing Town Clerk's Office on
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Debbie Munson, Town of Lansing Clerk
Town of Lansing
Tompkins County, New York