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Home My WebLink AboutVZW - Sunny View Site - Letter to ZBA re Public Necessity Standard 2.10.25NIXON PEABODY Nixon Peabody LLP 1300 Clinton Square Rochester, NY 14604-1792 Attorneys at Law nixonpeabody.com @NixonPeabodyLLP February 10, 2025 VIA FEDERAL EXPRESS AND ELECTRONIC MAIL Zoning Board of Appeals Town of Ithaca 215 N Tioga Street Ithaca, New York 14850 Attention: Marty Moseley, Director of Code Enforcement & Zoning (mmoseleygtownithacany. gov) Jared C. Lusk Partner T / 585.263.1140 F / 866.402.1491 jlusk@nixonpeabody.com RE: Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless' application (the "Application") to the Town of Ithaca (the "Town") for a special use permit and site plan approval from the Planning Board and an area variance from the Zoning Board of Appeals to construct and operate a 134' wireless telecommunications facility (with 4' lightning rod) on property located at 111 Wiedmaier Court (Tax Parcel No. 56.4-1.22) in the Town of Ithaca, Tompkins County, New York (Verizon Wireless' "Sunny View" site) Dear Members of the Zoning Board of Appeals: By application dated May 29, 2024 and supplemental applications dated August 7, October 22, October 28, November 14 and November 18, 2024, Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless ("Verizon Wireless") submitted the above -referenced Application to the Town of Ithaca Planning Board and Zoning Board of Appeals in connection with the above - referenced project (the "Project"). Thereafter, on November 19, 2024 the Planning Board granted the required special use permit and site plan approval (the "Planning Board Approvals"). Following receipt of the Planning Board Approvals, we appeared at the November 26, 2024 Zoning Board of Appeals meeting. At that meeting, the Zoning Board requested additional information from Verizon Wireless' RF team (the "ZBA Comment"). Below is the ZBA Comment in bold italicized text, followed by Verizon Wireless' response in regular text. Please provide RFPlots showing coverage from reduced Antenna Center Line ("ACL') heights of 90' and 70' and information on whether the dropped calls and access failures would still occur at these lowerACL heights. Enclosed as Exhibit 00 (lettered to follow Exhibits A-NN previously submitted in support of the Application) are the requested additional mid -ban coverage plots at ACL heights of 90' and 70' (the "Reduced Height Study"). Mid -band coverage maps for 140' ACL, 130' 4912-0649-4999.2 Town of Ithaca February 10, 2025 Page 2 ACL (proposed), 120' ACL, and 110' ACL were previously provided in Exhibit H to the Application. As shown in the Reduced Height Study, any reduction in height from the originally proposed 130' ACL height significantly diminishes the coverage footprint within the intended service area. As discussed more fully below, 110-foot, 90-foot, or 70-foot ACL heights are not feasible options to remedy the service inadequacies in and around the Sunny View Coverage area in the Town. To assist the Board in its review, the Reduced Height Study identifies eight (8) areas where mid -band coverage changes dramatically when the ACL is reduced from 130' to 90' or 70' (each, an "Area"). Impact of Reduced Heiiaht on Areas: Area 1: This Area is the Southwoods Drive neighborhood, for which Verizon Wireless provided both dropped connections data and access failure data in its Supplemental Application dated August 7, 2024 (Exhibits Z-AA). As shown in the satellite map, approximately thirty-three (33) homes are located in this area. The New York State Department of Transportation data provided to Verizon Wireless by the Town' (the "2023 Traffic Count"), is not available for this neighborhood, but the Annual Average Daily Traffic ("AADT") on the approximately two-mile stretch of East King Road from NY 96B to Coddington Road, which passes Southwoods Drive, was 2,497 vehicles. As shown in the Reduced Height Study, a 110' or 90' ACL height would significantly reduce the coverage provided in this Area. If Verizon Wireless were to construct a tower with an ACL height of 70', this Area would have almost no coverage. Area 2: This Area is near the intersection of East King Road and Coddington Road, for which Verizon Wireless provided both dropped connections data and access failure data in its Supplemental Application dated August 7, 2024 (Exhibits Z-AA). As shown in the satellite map, approximately ten (10) homes are located in this area. According to the 2023 Traffic Count, the AADT on the approximately 2.2-mile stretch of Coddington Road from East King Road to Ithaca City Line was 1,269 vehicles. The AADT on the approximately two-mile stretch of East King Road from NY 96B to Coddington Road was 2,497 vehicles. As shown in the Reduced Height Study, a tower with an ACL height of 110' would reduce the signal strength to this Area. If Verizon Wireless were to construct a tower with ACL heights of 90' or 70', this Area would have almost no coverage. Area 3: This Area is near Route 79 (Slatersville), north of German Cross Road, for which Verizon Wireless provided both dropped connections data and access failure data in its Supplemental Application dated August 7, 2024 (Exhibits Z-AA). As shown in the satellite map, approximately eight (8) homes and a religious institution are located in this Area. According to the 2023 Traffic Count, the AADT on the approximately 2.4-mile stretch of Route 79 (Slatersville) from CRl 15/Brooktondale Road to CR 174/Pine Tree Road was 8,045 vehicles. As shown in the Reduced Height Study, a tower with an ACL height of 110' would reduce the signal ' https://nysdottrafficdata.drakewell.com/publicmultinodemap.asp 4912-0649-4999.2 Town of Ithaca February 10, 2025 Page 3 strength to this Area. If Verizon Wireless was to construct a tower with an ACL height of 90', the coverage would be further reduced. If Verizon Wireless were to construct a tower with an ACL height of 70', only a small portion of this Area would have service, leaving the remainder without service. Area 4: This Area is near the intersection of Route 79 (Slatersville), south of Wiedmaier Court, for which Verizon Wireless provided both dropped connections data and access failure data in its Supplemental Application dated August 7, 2024 (Exhibits Z-AA). As shown in the satellite map, there are approximately six (6) homes and a nursery business located in this area. According to the 2023 Traffic Count, the AADT on the approximately 2.4-mile stretch of Route 79 (Slatersville) from CR115/Brooktondale Road to CR 174/Pine Tree Road was 8,045 vehicles. As shown in the Reduced Height Study, a tower with ACL heights of 110' or 90' would significantly reduce the signal strength to this Area. If Verizon Wireless were to construct a tower with an ACL height of 70', this Area would have significant coverage gaps, leaving residents and travelers without reliable service. Area 5: This Area is on Burns Road, for which Verizon Wireless provided both dropped connections data and access failure data in its Supplemental Application dated August 7, 2024 (Exhibits Z-AA). As shown in the satellite map, there are few homes in this area. However, according to the 2023 Traffic Count, the AADT on the one -mile of Burns Road was 2,356 vehicles. As shown in the Reduced Height Study, a tower with ACL heights of 110', 90', or 70' would significantly reduce the signal strength to this Area, leaving many of the homes and travelers without reliable coverage. Area 6: This Area is near the intersection of Route 79 (Slatersville) and Park Lane, for which Verizon Wireless provided both dropped connections data and access failure data in its Supplemental Application dated August 7, 2024 (Exhibits Z-AA). As shown in the satellite map, approximately six (6) residential structures and Six Mile Creek Winery and Distillery are located in this area. According to the 2023 Traffic Count, the AADT on the .5-mile of Park Lane from Route 79 (Slatersville) to Joanne Drive was 437 vehicles. The AADT on the approximately 2.4- mile stretch of Route 79 (Slatersville) from CR115/Brooktondale Road to CR 174/Pine Tree Road was 8,045 vehicles. As shown in the Reduced Height Study, a tower with an ACL height of 110' would significantly reduce the signal strength to this Area. If Verizon Wireless were to construct a tower with ACL heights of 90' or 70', a portion of this Area would have no service, and the remainder would have reduced signal strength, leaving residents, the winery and travelers without reliable coverage. Area 7: This Area is near the intersection of Troy Road and Coddington, for which Verizon Wireless provided both dropped connections data and access failure data in its Supplemental Application dated August 7, 2024 (Exhibits Z-AA). As shown in the enclosed satellite map, three (3) or more residential structures are located in this Area. According to the 2023 Traffic Count, the approximately 2.2-mile stretch of Coddington Road from East King Road to Ithaca City Line had an AADT of 1,269 vehicles. The approximately .85-mile of Troy Road from East King Road to Coddington Road had an AADT of 493 vehicles. As shown in the Reduced Height Study, a tower with an ACL height of 110' would reduce the signal strength to this Area. If Verizon Wireless were to construct a tower with ACL heights of 90' or 70', a portion 4912-0649-4999.2 Town of Ithaca February 10, 2025 Page 4 of this Area would have no service and the remainder would have reduced reliable signal strength. We will also note that coverage provided on Coddington Road would be lost. Area 8: This Area is near the intersection of Updike Road and Coddington Road, for which Verizon Wireless provided both dropped connections data and access failure data in its Supplemental Application dated August 7, 2024 (Exhibits Z-AA). As shown in the satellite map, approximately six (6) residential structures are located in this area. According to the 2023 Traffic Count, the AADT on the approximately one -mile stretch of Coddington Road from East King Road to Ithaca Town Line was 1,193 vehicles. The AADT on the approximately two-mile stretch of East King Road from NY 96B to Coddington Road was 2,497 vehicles. As shown in the Reduced Height Study, a tower with ACL heights of 110' or 90' would reduce the signal strength to this Area. If Verizon Wireless was to construct a tower with an ACL height of 70', this Area would lose coverage. Notably, constructing a tower with ACL heights of 90' or 70' would also lose coverage south of Updike Road, including a number of residences and the Coddington Road Community Center. As demonstrated in our Application, there is a gap in service, the proposed tower with an ACL height of 130' remedies those gaps, and a tower with ACL heights of 110', 90', or 70' would leave approximately seventy-five (75) homes, two (2) businesses, and two (2) community gathering spaces unserved. Moreover, a tower with ACL heights of 110', 90', or 70' would not remedy service gaps for the between 8,045 and 15,0972 vehicles that travel in the Sunny View Coverage area every day. The benefit of upgraded reliable wireless telecommunications service to the Sunny View coverage area sought by the proposed 134' tower (with an ACL height of 130') cannot be achieved by any other means. Should you have any questions or require additional information, please do not hesitate to contact me. JCL/mkv Enclosures cc: Brett Morgan, Airosmith Jeff Twitty, Esq., Nixon I 2 We acknowledge that the AADT data identified in the Areas described above may be duplicative by nature (e.g., a majority, if not all, of the 2,356 vehicles on Burns Road per day would also contribute to the 8,045 vehicles on CR 79), and therefore present this figure as a range, so as not to overstate the AADT in the area. 4912-0649-4999.2