HomeMy WebLinkAboutZBA Resolution 25-02 1767 E Shore Dr Use Variance ApprovalTOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION
APPROVAL OF USE VARIANCE
VERIZON REACH RUN 149' CELLULAR COMMUNICATION'S TOWER
Applicant: Jared Lusk,
Bell Atlantic Mobil Systems dba Verizon
Property Location: 1767 E Shore Drive
Tax Parcel #: 37.1-6-9
BACKGROUND INFORMATION
Variance No: 24-17
Zoning District: R2
Public Hearing Published on: 1/31/2025
600' Notices Mailed: 1/28/2025
Requirement for which a Use Variance is being requested: Town of Lansing Zoning Law § 270-11 Schedule 1, Schedule
of Land Uses or Activities
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 the TOL Planning Board in addition to
the issuance of this 2) Use Variance and 3) Special Use permit for a cellular communication tower.
WHEREAS; the proposed action is not a permitted use in the R2 Residential Moderate Density Zone, and requires a Use
Variance to proceed; and N
WHEREAS; proof of Verizon Wireless's FCC licensis were, in addition to proof of compliance with all NIER emissions
requirements, provided to the Town; and °k
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 Borgella, 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 communitpact; and
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, and pursuant to Town Code § 270-27(F) and a public hearing was duly held before the
Zoning Board of Appeals upon 12 February 2025. The public was duly allowed to speak upon and address the proposed
Use Variance, including the SEQR environmental review thereof,
WHEREAS; The Zoning Board of Appeals, on 12 February 2025 issued a Negative Declaration of Significance, pursuant
to SEQR; and
WHEREAS; The applicant requested the application for a Use Variance be considered using the Public Utility variance
and review rules established in Consol. Edison of NY, Inc. v. Hoffman, 43 N.Y.2d 598 (1978); and
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WHEREAS; Recognizing the unique nature and circumstance of the applicant as a cellular communication network
provider, as well as the above stated facts, the Zoning Board of Appeals has decided to evaluate the use variance
application under the Public Utility rules established in Consol. Edison of NY, Inc. v. Hoffman, 43 N.Y.2d 598 (1978);
and
WHEREAS; The Zoning Board of Appeals recognizes that the closing of a gap in unavailable cellphone service around
the project site is a necessary and essential service, and is in the public interest; and
WHEREAS; The applicant has provided compelling evidence, including the evaluation of alt ive loca ns,
demonstrating that the proposed location is more feasible than the alternatives; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
That the Zoning Board of Appeals of the Town of Lansing does hereby grant approval for a Use Vari a 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, as well as all applications, forms and materials, subject to the following conditions:
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1. The project will obtain site plan approval from the Town of Chnsing Planning Board
Dated: 12 February 2025
Motioned by: Susan Tabrizi
Seconded by: Richard Hayes
VOTE AS FOLLOWS:
Richard Hayes — Aye
Jamie Jones (Alt.) — Aye
Mary Stoe — Absent
Susan Tabrizi — Aye
Roger VandePoel — Aye
Jack Young — Aye
Received in the Lansing Town Clerk's Office on --J�h
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Debbie Munson, Town Clerk
Town of Lansing
Tompkins County, New York