HomeMy WebLinkAboutZBAA-24-18 Materials 1Town of Ithaca November 19, 2024
ZBAA-24-18
Zoning Board of Appeals
Area Variance Application
Status: Active
Submitted On: 5/29/2024
Primary Location
111 Wiedmaier Ct Unit S Roberts WC
Land LLC
Ithaca, NY 14850
Owner
S Roberts WC Land LLC
1129 Avenida Sevilla 5C Walnut
Creek, CA 9459 5
Applicant
Jared Lusk
585-263-1140
jlusk@nixonpeabody.com
1300 Clinton Square
Rochester, NY 14604
Internal Only-Review
Tax Parcel No.
56.-4-1.22
Is Planning Dept. Approval Required?
Yes
Is Engineering Dept. Approval Required?
Yes
Is a GML-239 Review Required?
Yes
GML-239 Reason for Review*
The right of way of any existing or proposed
county or state road
Type of Variance
Area Variance
Appearance Date for Variance
11/26/24
Variance Code Language
ZBAA-24-18 Appeal of S Roberts WC Land LLC, owner of 111 Wiedmaier Ct., Ithaca, NY, 14850; Jared Lusk,
Applicant/Agent; is seeking relief from Town of Ithaca Code sec on 270-16 (Height limita ons). Town ofIthaca Code 270-16 requires a maximum height of 30’ for all nonagricultural structures, where the
proposed personal wireless service facility tower/structure would exceed the 30’ maximum height
requirements.
The current property is located in the Conserva on Zone Tax Parcel No. 56.-4-1.22
Variance Code Section
270-16
Internal Tasks to be Completed
Meeting Result (First Appearance)
–
Materials For GML-239 Were Sent
09/26/2024
Deadline for Hearing Notice to Journal
11/14/24
Public Hearing Notice Was Sent
11/15/2024
Neighbor Notification Letters Were Sent
11/18/2024
Date Sign Was Picked-up
–
Material Packets Sent to ZBA Members
–
Historical Only
Address affiliated with request Status
Applicant's Information
Applicant is*
Owner's Agent
Is the primary point of contact for application different
than the applicant?*
No
If the applicant is NOT the owner, a letter/email from owner designating the applicant as
agent or a copy of the contract with owner's signature will need to be provided.
Description
Brief Description of Variance Request*
Height variance.
Area Variance Criteria Form
1. Will an undesirable change be produced in the
character of the neighborhood or be a detriment to
nearby properties?*
No
Reasons:
See Exhibit G.
2. Can the benefit sought by the applicant be achieved by
a feasible alternative to the variance?*
No
Reasons:
See Exhibit G.
3. Is the requested variance substantial?*
No
Reasons:
See Exhibit G.
4. Would the variance have an adverse impact on the
physical or environmental conditions in the
neighborhood?*
No
Reasons:
See Exhibit G.
5. Is the alleged difficulty self-created?*
No
Reasons:
See Exhibit G.
Affidavit
The UNDERSIGNED respectfully submit this application requesting an appearance before
the Zoning Board of Appeals. By filing this application, I grant permission for members of The
Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any
inspection(s) necessary that are in connection with my application. I acknowledge, that
completed applications are scheduled on a first-come first-serve basis and that all
documents ideally be submitted forty-five (45) days advance of the proposed meeting date,
together with the required application fee. Failure to do so may result in a delay in my
hearing.
Digital Signature*
Jared C. Lusk
May 29, 2024
Meeting Date
11/26/2024
PAYMENT INFORMATION
After submission, Code Department Administration will review the application and
materials provided. After review, and email with instructions for paying the fee online with
credit card or E-check will be sent to the applicant.
If it is preferred to pay by check, cash or money order:
*Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850
*Drop off during business hours to Town Hall M-F 8-4
*Place in locked box next to the door on the Buffalo St side of Town Hall
Attachments
Ithaca Letter.pdf
Uploaded by Jared Lusk on May 29, 2024 at 5:00 PM
Determination/Denial Letter
SunnyView_ZDFinal_20240220.pdf
Uploaded by Jared Lusk on May 29, 2024 at 5:04 PM
EAF.pdf
Uploaded by Jared Lusk on May 29, 2024 at 5:06 PM
Lease.pdf
Uploaded by Jared Lusk on May 29, 2024 at 5:07 PM
Exibit A-J.pdf
Uploaded by Marty Moseley on May 31, 2024 at 9:00 AM
Exibit Y.pdf
Uploaded by Marty Moseley on May 31, 2024 at 9:00 AM
Exibit K-X.pdf
Uploaded by Marty Moseley on May 31, 2024 at 9:00 AM
Second Letter 111 Wiedmaier Court-missing materials final.pdf
Uploaded by Abby Homer on Jun 7, 2024 at 11:45 AM
General Municipal Law (GML) 239 Planning and Zonin-14.pdf
Uploaded by Lori Kofoid on Sep 26, 2024 at 1:33 PM
ZBA - Wiedmaier cell tower Full EAF All parts and memo.pdf
Uploaded by Chris Balestra (she/her) on Nov 6, 2024 at 2:09 PM
History
Date Activity
11/19/2024, 8:44:38
AM
Lori Kofoid changed form field entry Neighbor Notification Letters Were Sent
from "" to "11/18/2024" on Record ZBAA-24-18
11/19/2024, 8:44:38
AM
Lori Kofoid changed form field entry Public Hearing Notice Was Sent from "" to
"11/15/2024" on Record ZBAA-24-18
Survey and/or Plans
Environmental Assessment Form
Letter or Email of Authorization
Exibit A-J.pdf
Exibit Y.pdf
Exibit K-X.pdf
Second Letter 111 Wiedmaier Court-missing materials final.pdf
General Municipal Law (GML) 239 Planning and Zonin-14.pdf
ZBA - Wiedmaier cell tower Full EAF All parts and memo.pdf
1
PLANNING DEPARTMENT
Uploaded to Town of Ithaca OpenGov online submission system, sent via E-mail to
jlusk@nixonpeabody.com, and via U.S. Mail on Friday, June 7, 2024
June 7, 2024
Mr. Jared C. Lusk, Esq.
Nixon Peabody, LLP – Attorneys for Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless
1300 Clinton Square
Rochester, NY 14604-1792
Dear Mr. Lusk,
On Thursday, May 30, 2024, the Town of Ithaca (“Town”) received additional application materials
related to the construction of a proposed Personal Wireless Service Facility (PWSF) at 111 Wiedmaier
Court, Tax Parcel No. 56.-4-1.22, via the Town of Ithaca OpenGov online submission system and via
Federal Express.
Pursuant to the Federal Communications Commission’s (FCC’s) regulation at 47 CFR § 1.6003 defining
the presumptive “reasonable period of time” provision in 47 U.S.C. §332(c)(7)(B)(ii) for municipalities
to act on siting applications, and Town Code §270-219. E (7), the Town is hereby notifying you in
writing within 10 days of the Town’s receipt of the additional application materials that the
application is still incomplete. The relevant shot clock is therefore tolled until the following materials
are provided and the Town determines that the application is complete:
1. Evidence that a significant gap in coverage exists (Town Code §270-219.G (2) (s) [2]) – Exhibit V
acknowledges the following application requirement, but none of the submittals provide the
required material. The Town Code requires in-kind call testing for each frequency at which the
applicant provides personal wireless services. The applicant shall provide the Town with the
actual testing data recorded during such tests, in a simple format which shall include each
frequency, in table format:
a. The date and time for the test,
b. The location, in longitude and latitude, of each point at which signal strength was
recorded,
c. Each signal strength recorded, measured in decibel milliwatts (dBm), for each
frequency.
2. Dropped call records (Town Code §270-219.G (2) (s) [4]) – Exhibit V acknowledges the following
application requirement, but none of the submittals provide the required material. The applicant
shall also provide dropped call records and denial of service records evidencing the number,
2
percentage, and locations of voice calls that were unable to be initiated or maintained between
wireless telephones and landlines connected to the national telephone network.
3. Economic analysis study (Town Code §270-219.G (2) (v)) – Exhibit Y acknowledges the following
application requirement, but the economic analysis was not conducted on properties located
within 500 feet of the parcel boundaries on which the PWSF is located. The Town Code requires
the submission of an economic analysis of the property value impacts that the construction and
operation of the PWSF may have on all adjacent properties located within 500 feet of the parcel
boundaries on which the PWSF is located.
4. Insurance requirements (Town Code §270-219. V (1) – Insurance requirements as follows will
need to be supplied for the building permit process:
(1) Minimum Coverages. Each PWSF Permittee shall maintain in full force and effect, throughout
the term of a PWSF Permit, an insurance policy, or policies. Such policy or policies shall, at a
minimum, afford insurance covering all of the Permittee's operations, as follows:
(a) Commercial Umbrella insurance with limits of not less than $5,000,000,
(b) Pollution Liability insurance, on an occurrence form, with limits not less than
$1,000,000 each occurrence and $3,000,000 annual aggregate, with any deductible
not to exceed $25,000 each occurrence.
5. Electrical Permit Application - An electrical permit application needs to be submitted, in addition
to the building permit application, at the following link: Code Enforcement & Zoning Department - TOI
- Electrical Permit Application - ViewPoint Cloud (opengov.com)
6. Town Code Chapter 125-5C requires the following items to be provided in addition to what has
already been provided:
a. One hard copy set of plans needs to be submitted as part of the process for the building
permit,
b. A statement that the work shall be performed in compliance with Chapter 270, Zoning, the
Uniform Code, the ECCCNYS, the ECS, this chapter, and other applicable state and local laws,
ordinances, and regulations,
c. It appears that the documents were submitted by an engineering firm and not a sole
practitioner professional engineer, which requires the firm's certificate of authorization
number to be placed on the title block,
d. Please provide a statement of special inspections for this project,
e. Please provide the building permit fee, when prompted by the permitting system,
f. Please provide proof of workers compensation and disability or the proper exemption
documentation from the NYS Worked Compensation Board.
7. Stormwater Pollution Prevention Plan (SWPPP)/Engineering Comments – The Engineering
Department still requires the following information:
a. Please fill out a SWPPP application on the Town of Ithaca online permitting system
Engineering page, and upload all SWPPP information:
https://ithacany.viewpointcloud.com/categories/1080,
3
b. Please include the Construction Sequence/Erosion and Sediment Control Sequence in the
construction drawings,
c. Please include a contractor certification form certifying compliance with the terms and
conditions of the submitted SWPPP. A sample of the form can be found attached (as
requested in the SWPPP),
d. According to the provided SWPPP, all excess materials from the work will be sent to a state
approved solid waste facility. If any of the excess material is spread outside of the limits of
disturbance or sent to another site within the Town limits, a revision of the drawings shall be
required to be submitted for review.
8. Consultant Escrow Fee (§270-219.Q, §153-2D) – The following minimum consultant escrow fee
applies to this Project: $3,000.00, pursuant to Town Code §270-219.Q, which states:
(1) The Town, at the expense of the applicant, may employ its own consultants to examine the application and
related documentation. The consultants that the Town may retain include, but are not limited to, professional
structural and/or electrical engineers, attorneys, and other experts reasonably required by the Town to
competently and fully evaluate any application and the resulting construction. Such consultants may be
requested, among other matters, to make recommendations as to whether the criteria for granting approvals and
permits have been met, including whether the applicant's conclusions regarding a significant gap in coverage, co-
location, safety analysis, visual analysis, and structural inspection are valid and supported by generally accepted
and reliable engineering and technical data and standards and whether the personal wireless service facility as
constructed will be in compliance with the approved plans and in accordance with generally accepted good
engineering practices and industry standards. (2) To assure sufficient funds are available to the Town to pay for
the consultants referred to in the preceding subsection, an applicant shall be required to deposit review fees in
escrow, in accordance with the terms of, as the same may be amended from time to time. The Town Board shall
set from time to time by resolution the minimum initial escrow deposit for any personal wireless service facility
application which anticipates construction of any type of tower exceeding 50 feet. The Town Board set the
minimum initial escrow deposit at $3,000 in Town Board Resolution No. 2023-110.
The shot clock remains tolled while the application remains incomplete. Please advise whether the
Town to place this application on Planning Board and Zoning Board of Appeals agendas for their
considerations and actions while the application remains incomplete. Nothing in this letter shall be
construed to waive any application requirements or any consequences of an incomplete application.
Feel free to contact me if you have any questions or require clarification. I can be reached by phone
at (607) 273-1721, extension 121 or by email at cbalestra@townithacany.gov.
Sincerely,
Christine Balestra, Senior Planner
Cc: Susan Brock, Attorney for the Town
Rod Howe, Town of Ithaca Town Supervisor
Brett Morgan, Airosmith Development, Inc.
Marty Moseley, Town of Ithaca Director of Code Enforcement
C.J. Randall, Town of Ithaca Director of Planning
David Squires, Chair, Town of Ithaca Zoning Board of Appeals
Jeffrey Twitty, Esq., Nixon Peabody LLP
Fred T. Wilcox, III, Chair, Town of Ithaca Planning Board
PROJECT TITLE
STORMWATER POLLUTION PREVENTION PLAN
Contractor’s Certification
All contractors and subcontractors identified as implementing any erosion control measures shall
sign a copy of the following certification statement:
“I hereby certify that I understand and agree to comply with the terms and conditions of the
SWPPP and agree to implement any corrective actions identified by the qualified inspector
during a site inspection. I also understand that the owner or operator must comply with New
York State Department of Environmental Conservation (NYSDEC) regulations for stormwater
discharges from construction activities and that it is unlawful for any person to cause or
contribute to a violation of water quality standards. Furthermore, I understand that certifying
false, incorrect or inaccurate information is a violation of the referenced permit and the laws of
the State of New York and could subject me to criminal, civil and/or administrative
proceedings.”
To be completed by president, secretary, treasurer, vice president or any person who performs
similar policy or decision-making functions for the above-listed contracting firm:
Name: (Please Print)
Title:
Firm:
Address:
Telephone Number:
SWPPP Elements Responsible For:
Signature: Date:
To be completed by the on-site “trained contractor” that will be on site on a daily basis when soil
disturbances are being performed:
Trained Contractor’s Name: (Please Print)
Title:
Telephone Number:
Site Address:
Signature: Date:
NY industrial code rule 753 requires no less than twoworking days notice, but not more than ten days notice.Before You Dig, Drill Or Blast!CALL US TOLL FREE 811 OR 1-800-962-7962UNDERGROUND FACILITIESPROTECTIVE ORGANIZATIONUDIG NY
LEGEND
LEGEND
LEGEND
GENERAL CONSTRUCTION NOTESSAFETY NOTESPROJECT SPECIFIC NOTESTESTING SCHEDULE
COMMISSIONER
Katherine Borgella
DEPUTY COMMISSIONER
M. Megan McDonald
121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning
Creating and implementing plans that position Tompkins County communities to thrive.
September 30, 2024
Lori Kofoid, Administrative Assistant IV
Town of Ithaca
215 North Tioga St.
Ithaca, NY 14850
Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law
Proposed Action: Area Variance for proposed cell tower located at 111 Wiedmaier Court, Tax
Parcel #56.-4-1.22, S Roberts WC Land LLC, Owner; Jared Lusk, Applicant.
Dear Ms. Kofoid:
This letter acknowledges your referral of the proposed action identified above for review by the
Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New
York State General Municipal Law.
We have determined the proposed action will have no significant county-wide or inter-community impact.
We look forward to receiving notification on the final action taken by your municipality within 30 days of
decision, as required by State law.
Sincerely,
Katherine Borgella, AICP
Commissioner of Planning and Sustainability
PLANNING DEPARTMENT MEMORANDUM
TO: Zoning Board of Appeals Members
FROM: Christine Balestra, Senior Planner
DATE: October 30, 2024
RE: Verizon Wireless “Sunny View Site” Personal Wireless Service Facility
(Telecommunications Tower), 111 Wiedmaier Court
This memo explains the various requirements and approvals related to the personal wireless service
facility located at 111 Wiedmaier Court, off Slaterville Road/NYS Route 79. The proposal involves the
construction of a 138' +/- monopole tower (134’ plus 4’ lightning rod at the top) consisting of nine
antennas, two equipment cabinets, a generator, and other equipment within a 50' x 50' +/- chain link
fenced area.
The Planning Board is responsible for considering site plan and special permit approval for the
project. The Zoning Board of Appeals (ZBA) is responsible for considering a height variance. Other
than the height, the proposed tower meets all of the dimensional standards of the town Personal
Wireless Service Facility law in the Town Code (§270-219). The project will include minimal lighting
for the equipment cabinets, which will be compliant with the town’s Outdoor Lighting Law.
Federal Requirements
The applicant initiated a building permit application for this project on November 13, 2023, which
started a 150-day Federal Shot Clock, per the requirements of 47 U.S.C. § 332(c)(7)(B)(ii). The Shot
Clock, by definition, is the sum of the number of days specified by federal regulation as the
presumptively reasonable time for the Town to act on the relevant personal wireless service facility
application type, plus the number of days of any applicable tolling period, per 47 CFR 1.6003. The
Town Code, §270-219, explains the Shot Clock period, along with the requirements to comply with
the regulations.
The Town of Ithaca has 150 calendar days (excluding holidays and other days per federal definition)
from the date of initial submission to complete the review process associated with the proposed
tower. The town issued two letters of “incompleteness” to the applicant dated December 11, 2023,
and June 7, 2024. The letters described and requested missing materials from the application. The
applicant responded with materials on May 29, 2024 (including a narrative and Exhibits A-Y), and
August 7, 2024 (including another narrative and Exhibits Z-EE). The application was deemed complete
on August 14, 2024, and was then scheduled for the next available Planning Board meeting.
The Planning Board began their review of this project at the October 1, 2024, Planning Board
meeting. The Board continued their review on October 29, 2024, where they issued a negative
determination of environmental significance and opened and closed the public hearing for the
proposed site plan and special permit. The Planning Board will continue their site plan and special
permit review on November 19, 2024.
Project Location
As indicated in the application materials and required by Town Code, the proposed facility will be
constructed to support up to four total telecommunications carriers. However, Verizon is the only
applicant for this facility and the only carrier that is currently planning to locate antennas on the
tower.
The area where the proposed cell tower will be located is a 12.3+/- acre vacant property that has
been previously disturbed. The parcel was created as a result of the Wiedmaier Court 5-lot residential
subdivision that was approved by the Planning Board in December 2003 (please see the FEAF Part 3
attachment for a description of the prior disturbance). The parcel is bordered on the north by woods
and Burns Road, on the east by private residences on Wiedmaier Court, on the south by a stream and
woods, and on the west by woods.
There are no trees or other vegetation to remove to accommodate the tower and associated facilities
and access drive. The Planning Bord required a landscape plan to mitigate potential aesthetic impacts
of the equipment cabinets and associated facilities. As noted in the enclosed FEAF Part 3 attachment,
this area is not listed among the most significant scenic views in the Town of Ithaca or Tompkins
County Scenic Resources Inventory lists. Camouflaging the tower to look like an evergreen tree is not
recommended, as it will be surrounded by open meadow and will stand out even more, which could
potentially increase its visual impact.
Finally, there is minor earth removal associated with the development of the concrete pad and gravel
access drive, so an erosion and sedimentation control plan for this project (Simple SWPPP) has been
submitted and will be approved by the Town Engineering Department.
Please call me at (607) 273-1721 or email me at cbalestra@townithacany.gov with any questions
regarding this project.
Cc: Brett Morgan, Airosmith Development, Inc.
Jared Lusk, Esq., Nixon Peabody, LLP
S. Roberts WC Land, LLC
Proposed action is site plan, special permit approval by the Planning Board, and
a height variance by the Zoning Board of Appeals
111 Wiedmaier
s , including a generator on a 4' x 8' concrete pad.
TC Planning Dept GML 239 referral
mtgs 10/1 & 10/29/24
mtg 11/2024
response rec'd 9/13/2024
.46 +/-(per SWPPP)
Closest facilities are Coddington Road Community Center (4800+/- feet away), East Ithaca Preschool
(T. Dryden, 4500+/- feet away), and Ithaca Media Arts (4800+/- feet awaty). There are no hospitals or
group homes anywhere near the site.
Unnamed stream along eastern property boundary Unregulated by state/federal
agencies
18-24 inches
Page 1 of 10
Full Environmental Assessment Form
Part 2 - Identification of Potential Project Impacts
Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could
be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental
professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that
can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the
most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the
lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.
If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding
with this assessment.
Tips for completing Part 2:
• Review all of the information provided in Part 1.
• Review any application, maps, supporting materials and the Full EAF Workbook.
• Answer each of the 18 questions in Part 2.
• If you answer “Yes” to a numbered question, please complete all the questions that follow in that section.
• If you answer “No” to a numbered question, move on to the next numbered question.
• Check appropriate column to indicate the anticipated size of the impact.
• Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency
checking the box “Moderate to large impact may occur.”
• The reviewer is not expected to be an expert in environmental analysis.
• If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general
question and consult the workbook.
• When answering a question consider all components of the proposed activity, that is, the Awhole action@.
• Consider the possibility for long-term and cumulative impacts as well as direct impacts.
• Answer the question in a reasonable manner considering the scale and context of the project.
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, NO YES
the land surface of the proposed site. (See Part 1. D.1)
If “Yes”, answer questions a - j. If “No”, move on to Section 2.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
E2d
9 9
b. The proposed action may involve construction on slopes of 15% or greater. E2f
9 9
c. The proposed action may involve construction on land where bedrock is exposed, or
generally within 5 feet of existing ground surface.
E2a
9 9
d. The proposed action may involve the excavation and removal of more than 1,000 tons
of natural material.
D2a
9 9
e. The proposed action may involve construction that continues for more than one year
or in multiple phases.
D1e
9 9
f. The proposed action may result in increased erosion, whether from physical
disturbance or vegetation removal (including from treatment by herbicides).
D2e, D2q
9 9
g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B1i
9 9
h. Other impacts: _______________________________________________________
___________________________________________________________________
9 9
a. The proposed action may involve construction on land where depth to water table is
less than 3 feet.
Notes: Please see Part 3 for items checked "yes."
Unchecked boxes are "no impact."
4
4
4
Page 2 of 10
2. Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit
access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO YES
minerals, fossils, caves). (See Part 1. E.2.g)
If “Yes”, answer questions a - c. If “No”, move on to Section 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Identify the specific land form(s) attached: ________________________________
___________________________________________________________________
E2g 9 9
b. The proposed action may affect or is adjacent to a geological feature listed as a
registered National Natural Landmark.
Specific feature: _____________________________________________________
E3c
9 9
c. Other impacts: ______________________________________________________
___________________________________________________________________
9 9
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water NO YES
bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)
If “Yes”, answer questions a - l. If “No”, move on to Section 4.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may create a new water body. D2b, D1h 9 9
b. The proposed action may result in an increase or decrease of over 10% or more than a
10 acre increase or decrease in the surface area of any body of water.
D2b 9 9
c. The proposed action may involve dredging more than 100 cubic yards of material
from a wetland or water body.
D2a
9 9
d. The proposed action may involve construction within or adjoining a freshwater or
tidal wetland, or in the bed or banks of any other water body.
E2h
9 9
e. The proposed action may create turbidity in a waterbody, either from upland erosion,
runoff or by disturbing bottom sediments.
D2a, D2h
9 9
f. The proposed action may include construction of one or more intake(s) for withdrawal
of water from surface water.
D2c
9 9
g. The proposed action may include construction of one or more outfall(s) for discharge
of wastewater to surface water(s).
D2d
9 9
h. The proposed action may cause soil erosion, or otherwise create a source of
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
D2e
9 9
i. The proposed action may affect the water quality of any water bodies within or
downstream of the site of the proposed action.
E2h
9 9
j. The proposed action may involve the application of pesticides or herbicides in or
around any water body.
D2q, E2h
9 9
k. The proposed action may require the construction of new, or expansion of existing,
wastewater treatment facilities.
D1a, D2d
9 9
4
4
4
4
Page 3 of 10
l. Other impacts: _______________________________________________________
___________________________________________________________________
9 9
4.Impact on groundwater
The proposed action may result in new or additional use of ground water, or NO YES
may have the potential to introduce contaminants to ground water or an aquifer.
(See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)
If “Yes”, answer questions a - h. If “No”, move on to Section 5.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may require new water supply wells, or create additional demand
on supplies from existing water supply wells.
D2c 9 9
b.Water supply demand from the proposed action may exceed safe and sustainable
withdrawal capacity rate of the local supply or aquifer.
Cite Source: ________________________________________________________
D2c 9 9
c. The proposed action may allow or result in residential uses in areas without water and
sewer services.
D1a, D2c 9 9
d. The proposed action may include or require wastewater discharged to groundwater.D2d, E2l 9 9
e. The proposed action may result in the construction of water supply wells in locations
where groundwater is, or is suspected to be, contaminated.
D2c, E1f,
E1g, E1h
9 9
f. The proposed action may require the bulk storage of petroleum or chemical products
over ground water or an aquifer.
D2p, E2l 9 9
g. The proposed action may involve the commercial application of pesticides within 100
feet of potable drinking water or irrigation sources.
E2h, D2q,
E2l, D2c
9 9
h.Other impacts: ______________________________________________________
__________________________________________________________________
9 9
5.Impact on Flooding
The proposed action may result in development on lands subject to flooding. NO YES
(See Part 1. E.2)
If “Yes”, answer questions a - g. If “No”, move on to Section 6.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may result in development in a designated floodway.E2i 9 9
b. The proposed action may result in development within a 100 year floodplain.E2j 9 9
c. The proposed action may result in development within a 500 year floodplain.E2k 9 9
d.The proposed action may result in, or require, modification of existing drainage
patterns.
D2b, D2e 9 9
e. The proposed action may change flood water flows that contribute to flooding.D2b, E2i,
E2j, E2k
9 9
f.If there is a dam located on the site of the proposed action, is the dam in need of repair,
or upgrade?
E1e 9 9
4
4
4
4
Page 4 of 10
g. Other impacts: ______________________________________________________
___________________________________________________________________ 9 9
6.Impacts on Air
The proposed action may include a state regulated air emission source. NO YES
(See Part 1. D.2.f., D,2,h, D.2.g)
If “Yes”, answer questions a - f. If “No”, move on to Section 7.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. If the proposed action requires federal or state air emission permits, the action may
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide (CO2)
ii.More than 3.5 tons/year of nitrous oxide (N2O)
iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)
iv.More than .045 tons/year of sulfur hexafluoride (SF6)
v. More than 1000 tons/year of carbon dioxide equivalent of
hydrochloroflourocarbons (HFCs) emissions
vi. 43 tons/year or more of methane
D2g
D2g
D2g
D2g
D2g
D2h
9
9
9
9
9
9
9
9
9
9
9
9
b. The proposed action may generate 10 tons/year or more of any one designated
hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous
air pollutants.
D2g 9 9
c. The proposed action may require a state air registration, or may produce an emissions
rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat
source capable of producing more than 10 million BTU=s per hour.
D2f, D2g 9 9
d.The proposed action may reach 50% of any of the thresholds in “a” through “c”,
above.
D2g 9 9
e. The proposed action may result in the combustion or thermal treatment of more than 1
ton of refuse per hour.
D2s 9 9
f. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
7.Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO YES
If “Yes”, answer questions a - j. If “No”, move on to Section 8.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a.The proposed action may cause reduction in population or loss of individuals of any
threatened or endangered species, as listed by New York State or the Federal
government, that use the site, or are found on, over, or near the site.
E2o 9 9
b.The proposed action may result in a reduction or degradation of any habitat used by
any rare, threatened or endangered species, as listed by New York State or the federal
government.
E2o 9 9
c. The proposed action may cause reduction in population, or loss of individuals, of any
species of special concern or conservation need, as listed by New York State or the
Federal government, that use the site, or are found on, over, or near the site.
E2p 9 9
d.The proposed action may result in a reduction or degradation of any habitat used by
any species of special concern and conservation need, as listed by New York State or
the Federal government.
E2p 9 9
4
4
4
Page 5 of 10
e. The proposed action may diminish the capacity of a registered National Natural
Landmark to support the biological community it was established to protect.
E3c
9 9
f. The proposed action may result in the removal of, or ground disturbance in, any
portion of a designated significant natural community.
Source: ____________________________________________________________
E2n
9 9
g. The proposed action may substantially interfere with nesting/breeding, foraging, or
over-wintering habitat for the predominant species that occupy or use the project site. E2m
9 9
h. The proposed action requires the conversion of more than 10 acres of forest,
grassland or any other regionally or locally important habitat.
Habitat type & information source: ______________________________________
__________________________________________________________________
E1b
9 9
i. Proposed action (commercial, industrial or recreational projects, only) involves use of
herbicides or pesticides.
D2q
9 9
j. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) NO YES
If “Yes”, answer questions a - h. If “No”, move on to Section 9.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may impact soil classified within soil group 1 through 4 of the
NYS Land Classification System.
E2c, E3b 9 9
b. The proposed action may sever, cross or otherwise limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
E1a, Elb
9 9
c. The proposed action may result in the excavation or compaction of the soil profile of
active agricultural land.
E3b
9 9
d. The proposed action may irreversibly convert agricultural land to non-agricultural
uses, either more than 2.5 acres if located in an Agricultural District, or more than 10
acres if not within an Agricultural District.
E1b, E3a
9 9
e. The proposed action may disrupt or prevent installation of an agricultural land
management system.
El a, E1b
9 9
f. The proposed action may result, directly or indirectly, in increased development
potential or pressure on farmland.
C2c, C3,
D2c, D2d
9 9
g. The proposed project is not consistent with the adopted municipal Farmland
Protection Plan.
C2c
9 9
h. Other impacts: ________________________________________________________
9 9
4
4
Page 6 of 10
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in NO YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.)
If “Yes”, answer questions a - g. If “No”, go to Section 10.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Proposed action may be visible from any officially designated federal, state, or local
scenic or aesthetic resource.
E3h
9 9
b. The proposed action may result in the obstruction, elimination or significant
screening of one or more officially designated scenic views.
E3h, C2b
9 9
c. The proposed action may be visible from publicly accessible vantage points:
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)
ii. Year round
E3h
9
9
9
9
d. The situation or activity in which viewers are engaged while viewing the proposed
action is:
i. Routine travel by residents, including travel to and from work
ii. Recreational or tourism based activities
E3h
E2q,
E1c
9
9
9
9
e. The proposed action may cause a diminishment of the public enjoyment and
appreciation of the designated aesthetic resource.
E3h
9 9
f. There are similar projects visible within the following distance of the proposed
project:
0-1/2 mile
½ -3 mile
3-5 mile
5+ mile
D1a, E1a,
D1f, D1g
9 9
g. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological NO YES
resource. (Part 1. E.3.e, f. and g.)
If “Yes”, answer questions a - e. If “No”, go to Section 11.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may occur wholly or partially within, or substantially contiguous
to, any buildings, archaeological site or district which is listed on or has been
nominated by the NYS Board of Historic Preservation for inclusion on the State or
National Register of Historic Places.
E3e
9 9
b. The proposed action may occur wholly or partially within, or substantially contiguous
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
E3f 9 9
c. The proposed action may occur wholly or partially within, or substantially contiguous
to, an archaeological site not included on the NY SHPO inventory.
Source: ____________________________________________________________
E3g
9 9
4
4
4
4
4
4
Page 7 of 10
d. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
e. If any of the above (a-d) are answered “Yes”, continue with the following questions
to help support conclusions in Part 3:
i.The proposed action may result in the destruction or alteration of all or part
of the site or property.
ii.The proposed action may result in the alteration of the property’s setting or
integrity.
iii.The proposed action may result in the introduction of visual elements which
are out of character with the site or property, or may alter its setting.
E3e, E3g,
E3f
E3e, E3f,
E3g, E1a,
E1b
E3e, E3f,
E3g, E3h,
C2, C3
9
9
9
9
9
9
11.Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a NO YES
reduction of an open space resource as designated in any adopted
municipal open space plan.
(See Part 1. C.2.c, E.1.c., E.2.q.)
If “Yes”, answer questions a - e. If “No”, go to Section 12.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may result in an impairment of natural functions, or “ecosystem
services”, provided by an undeveloped area, including but not limited to stormwater
storage, nutrient cycling, wildlife habitat.
D2e, E1b
E2h,
E2m, E2o,
E2n, E2p
9 9
b. The proposed action may result in the loss of a current or future recreational resource.C2a, E1c,
C2c, E2q
9 9
c. The proposed action may eliminate open space or recreational resource in an area
with few such resources.
C2a, C2c
E1c, E2q
9 9
d. The proposed action may result in loss of an area now used informally by the
community as an open space resource.
C2c, E1c 9 9
e.Other impacts: _____________________________________________________
_________________________________________________________________
9 9
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical NO YES
environmental area (CEA). (See Part 1. E.3.d)
If “Yes”, answer questions a - c. If “No”, go to Section 13.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may result in a reduction in the quantity of the resource or
characteristic which was the basis for designation of the CEA.
E3d 9 9
b. The proposed action may result in a reduction in the quality of the resource or
characteristic which was the basis for designation of the CEA.
E3d 9 9
c. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
4
4
Page 8 of 10
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems. NO YES
(See Part 1. D.2.j)
If “Yes”, answer questions a - g. If “No”, go to Section 14.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Projected traffic increase may exceed capacity of existing road network.D2j 9 9
b.The proposed action may result in the construction of paved parking area for 500 or
more vehicles.
D2j 9 9
c. The proposed action will degrade existing transit access.D2j 9 9
d.The proposed action will degrade existing pedestrian or bicycle accommodations.D2j 9 9
e.The proposed action may alter the present pattern of movement of people or goods.D2j 9 9
f.Other impacts: ______________________________________________________
__________________________________________________________________
9 9
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy. NO YES
(See Part 1. D.2.k)
If “Yes”, answer questions a - e. If “No”, go to Section 15.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action will require a new, or an upgrade to an existing, substation.D2k 9 9
b. The proposed action will require the creation or extension of an energy transmission
or supply system to serve more than 50 single or two-family residences or to serve a
commercial or industrial use.
D1f,
D1q, D2k
9 9
c. The proposed action may utilize more than 2,500 MWhrs per year of electricity.D2k 9 9
d. The proposed action may involve heating and/or cooling of more than 100,000 square
feet of building area when completed.
D1g 9 9
e.Other Impacts: ________________________________________________________
____________________________________________________________________
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting. NO YES
(See Part 1. D.2.m., n., and o.)
If “Yes”, answer questions a - f. If “No”, go to Section 16.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may produce sound above noise levels established by local
regulation.
D2m 9 9
b. The proposed action may result in blasting within 1,500 feet of any residence,
hospital, school, licensed day care center, or nursing home.
D2m, E1d 9 9
c. The proposed action may result in routine odors for more than one hour per day.D2o 9 9
4
4
4
4
Page 9 of 10
d. The proposed action may result in light shining onto adjoining properties.D2n 9 9
e. The proposed action may result in lighting creating sky-glow brighter than existing
area conditions.
D2n, E1a 9 9
f. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
16. Impact on Human Health
The proposed action may have an impact on human health from exposure NO YES
to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.)
If “Yes”, answer questions a - m. If “No”, go to Section 17.
Relevant
Part I
Question(s)
No,or
small
impact
may cccur
Moderate
to large
impact may
occur
a. The proposed action is located within 1500 feet of a school, hospital, licensed day
care center, group home, nursing home or retirement community.
E1d 9 9
b.The site of the proposed action is currently undergoing remediation.E1g, E1h 9 9
c. There is a completed emergency spill remediation, or a completed environmental site
remediation on, or adjacent to, the site of the proposed action.
E1g, E1h 9 9
d.The site of the action is subject to an institutional control limiting the use of the
property (e.g., easement or deed restriction).
E1g, E1h 9 9
e. The proposed action may affect institutional control measures that were put in place
to ensure that the site remains protective of the environment and human health.
E1g, E1h 9 9
f. The proposed action has adequate control measures in place to ensure that future
generation, treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
D2t 9 9
g.The proposed action involves construction or modification of a solid waste
management facility.
D2q, E1f 9 9
h.The proposed action may result in the unearthing of solid or hazardous waste.D2q, E1f 9 9
i. The proposed action may result in an increase in the rate of disposal, or processing, of
solid waste.
D2r, D2s 9 9
j.The proposed action may result in excavation or other disturbance within 2000 feet of
a site used for the disposal of solid or hazardous waste.
E1f, E1g
E1h
9 9
k. The proposed action may result in the migration of explosive gases from a landfill
site to adjacent off site structures.
E1f, E1g 9 9
l. The proposed action may result in the release of contaminated leachate from the
project site.
D2s, E1f,
D2r
9 9
m.Other impacts: ______________________________________________________
__________________________________________________________________
Please See Part 3
4
4
Page 10 of 10
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. NO YES
(See Part 1. C.1, C.2. and C.3.)
If “Yes”, answer questions a - h. If “No”, go to Section 18.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action’s land use components may be different from, or in sharp
contrast to, current surrounding land use pattern(s).
C2, C3, D1a
E1a, E1b
9 9
b. The proposed action will cause the permanent population of the city, town or village
in which the project is located to grow by more than 5%.
C2 9 9
c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 9 9
d. The proposed action is inconsistent with any County plans, or other regional land use
plans.
C2, C2 9 9
e. The proposed action may cause a change in the density of development that is not
supported by existing infrastructure or is distant from existing infrastructure.
C3, D1c,
D1d, D1f,
D1d, Elb
9 9
f. The proposed action is located in an area characterized by low density development
that will require new or expanded public infrastructure.
C4, D2c, D2d
D2j
9 9
g. The proposed action may induce secondary development impacts (e.g., residential or
commercial development not included in the proposed action)
C2a 9 9
h. Other: _____________________________________________________________
__________________________________________________________________
9 9
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. NO YES
(See Part 1. C.2, C.3, D.2, E.3)
If “Yes”, answer questions a - g. If “No”, proceed to Part 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may replace or eliminate existing facilities, structures, or areas
of historic importance to the community.
E3e, E3f, E3g 9 9
b. The proposed action may create a demand for additional community services (e.g.
schools, police and fire)
C4 9 9
c. The proposed action may displace affordable or low-income housing in an area where
there is a shortage of such housing.
C2, C3, D1f
D1g, E1a
9 9
d. The proposed action may interfere with the use or enjoyment of officially recognized
or designated public resources.
C2, E3 9 9
e. The proposed action is inconsistent with the predominant architectural scale and
character.
C2, C3 9 9
f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3
E1a, E1b
E2g, E2h
9 9
g. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
4
4
4
Full Environmental Assessment Form
Part 3 - Evaluation of the Magnitude and Importance of Project Impacts
and
Determination of Significance
Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question
in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular
element of the proposed action will not, or may, result in a significant adverse environmental impact.
Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess
the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not
have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its
determination of significance.
Reasons Supporting This Determination:
To complete this section:
•Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity,
size or extent of an impact.
•Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact
occurring, number of people affected by the impact and any additional environmental consequences if the impact were to
occur.
•The assessment should take into consideration any design element or project changes.
•Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where
there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse
environmental impact.
•Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact
•For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that
no significant adverse environmental impacts will result.
•Attach additional sheets, as needed.
Determination of Significance - Type 1 and Unlisted Actions
SEQR Status: Type 1 Unlisted
Identify portions of EAF completed for this Project: Part 1 Part 2 Part 3
Agency Use Only [IfApplicable]
Project :
Date :
FEAF 2019
4
4
4 4
PLEASE SEE ATTACHED
Wiedmaier Court Cell Tower
November 26, 2024
Upon review of the information recorded on this EAF, as noted, plus this additional support information
and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the
as lead agency that:
A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact
statement need not be prepared. Accordingly, this negative declaration is issued.
B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or
substantially mitigated because of the following conditions which will be required by the lead agency:
There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative
declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.7(d)).
C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact
statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those
impacts. Accordingly, this positive declaration is issued.
Name of Action:
Name of Lead Agency:
Name of Responsible Officer in Lead Agency:
Title of Responsible Officer:
Signature of Responsible Officer in Lead Agency: Date:
Signature of Preparer (if different from Responsible Officer) Date:
For Further Information:
Contact Person:
Address:
Telephone Number:
E-mail:
For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to:
Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of)
Other involved agencies (if any)
Applicant (if any)
Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html
Page 2 of 2
4
Application materials dated 11-23-23, 5-29-24, 8-7-24, 10-22-24, and 10-28-24, containing narratives, reports, drawings, and studies (including Tabs
A-GG), site layout drawings, SWPPP, engineering reports and drawings, consultant report dated 9-20-24, revised 10-21-24,and other materials.
Verizon Wireless Wiedmaier Court Telecommunications Tower (Personal Wireless Service Facility)
None - Uncoordinated review - Planning Board & Zoning Board
Caitlin Cameron and David Squires
Planning Board Vice Chair and Zoning Board of Appeals Chair
Christine Balestra, Senior Planner 10/22/2024
Christine Balestra, Senior Planner
Town of Ithaca Planning Department, 215 North Tioga Street, Ithaca, NY 14850
607-273-1721 extension 121
cbalestra@townithacany.gov
Town of Ithaca Planning Board & Town of Ithaca Zoning Board of Appeals (uncoordinated review)
PRINT FULL FORM
1
Part 3 – Evaluation of the Magnitude and Importance of Project Impacts
Verizon Telecommunications Tower
State Environmental Quality Review
Full Environmental Assessment Form
Actions: Site Plan Approval, Special Permit, Height Variance
Location: 111 Wiedmaier Court, Tax Parcel No. 56.-4-1.22
Decision-Making Bodies: Town of Ithaca Planning Board & Town of Ithaca Zoning Board of Appeals
Description: The proposal involves the construction of a 138 +/- foot tall personal wireless service
facility (monopole tower) with nine antennas, two equipment cabinets, a generator, and other
equipment within a 50' x 50' +/- chain link fenced area, located at 111 Wiedmaier Court, Town of
Ithaca Tax Parcel No. 56.-4-1.22.
The Planning Board is considering granting Preliminary and Final Site Plan approval and Special Permit
for the project. The Zoning Board of Appeals is considering granting a height variance for the project.
The proposed actions are Unlisted Actions pursuant to 6 NYCRR 617 State Environmental Quality
Review and Chapter 148 of the Town of Ithaca Code (Environmental Quality Review).
1. Impact on Land
a. The proposed action may involve construction on land where depth to water table is less than 3 feet.
f. The proposed action may result in increased erosion, whether from physical disturbance or vegetation
removal (including from treatment by herbicides).
Briefly describe the impact on land: The project site involves a 12.3+/- acre, previously disturbed,
vacant property that was created as a result of the Wiedmaier Court 5-lot residential subdivision that
was approved by the Planning Board in December 2003. The parcel is bordered on the north by
woods and Burns Road, on the east by private residences on Wiedmaier Court, on the south by a
stream and woods, and on the west by woods. Per the FEAF, Part 1, 100% of the property contains
slopes of 0-10% and moderately well-drained soils. The applicant has stated that the project will be
constructed over a period of approximately two months.
The proposal will result in a physical change to the project site with the construction of a 138+/- foot
tall monopole telecommunications tower, equipment shelters, generator, and other associated
equipment within a 50-foot by 50-foot fenced area. The proposal also involves widening an existing 8-
foot wide gravel/grass access drive into a 12-foot wide, 500 +/- foot long gravel driveway that will
allow access to the site from the end of Wiedmaier Court. The proposed drive will dead-end in a 15-
foot wide gravel parking and turnaround area located immediately adjacent to the tower.
The project will result in the physical disturbance of approximately .46+/- acres to accommodate the
concrete pad containing the tower, all equipment, and expanded gravel access drive. According to
the FEAF Part 1, the project site contains an average depth to water table between 18 and 24 inches.
This is a previously disturbed site, with very minimal excavation and earth-moving activity associated
with the project. The project is not expected to negatively impact the water table; and any impacts
will be mitigated with the erosion and sedimentation control plans described in sections 3-5 below.
2
The area that surrounds the project site is characterized by rural residential development. The
proposal will not change the overall character of the area. Impacts to water, air, plants, aesthetics,
and other resources will be evaluated in the sections below.
3. Impact on Surface Water
h. The proposed action may cause soil erosion, or otherwise create a source of stormwater discharge
that may lead to siltation or other degradation of receiving water bodies.
i. The proposed action may affect the water quality of any water bodies within or downstream of the
site of the proposed action.
4. Impact on Groundwater
h. Other impacts: The EAF Mapper database indicates that there is a principal aquifer near the site.
5. Impact on Flooding
d. The proposed action may result in, or require, modification of existing drainage patterns.
Briefly describe the impact on surface water, groundwater, and flooding: The project site is relatively
flat and involves minimal grading. There will be some earth-moving activities related to the
construction of the concrete pad, tower, and gravel access drive. The application materials state that
the proposal will physically disturb .46+/- acres of the 12.3+/- acre project area.
The Town of Ithaca Engineering Department has indicated that the project will require a simple
Erosion and Sedimentation Control Plan (Simple SWPPP).The submitted application drawings indicate
the construction of silt fencing surrounding the areas of construction (limited to a small portion of the
existing cleared area and existing driveway), to help filter stormwater runoff and control site
drainage. Related to water quality, the applicant proposes temporary erosion and sedimentation
control practices that will control dust and minimize soil tracking and erosion off site.
There is a stream that runs along the eastern property boundary that is located approximately 125-
175 feet from the existing cleared areas of the property. There is no anticipated adverse impact on
the stream, provided that the proposed erosion controls are installed and properly maintained, and
that no additional disturbance occurs past any of the areas marked “approximate location of no
disturbance” on the plans.
According to the NYS DEC EAF Mapper Program, there is a principal aquifer located near the project
site. NYS DEC classifies principal aquifers as "aquifers known to be highly productive or whose geology
suggests abundant potential water supply, but which are not intensively used as sources of water
supply by major municipal systems at the present time". A review of the USGS Unconsolidated
Aquifers in Tompkins County Water-Resources Report (published 2000) indicates that the project site
is located within the “Six Mile Creek Valley” aquifer, which encompasses most of the area between
Slaterville Road and Coddington Road. The project will not involve significant development that
would negatively impact the aquifer. As noted above, the proposal includes very minimal grading,
with any impacts to surface water, groundwater, and flooding being mitigated via the installation of
sediment and erosion controls. These controls are outlined in the Simple SWPPP that has been
submitted and that will be approved by the Town Engineering Department before a building permit is
issued for the project.
Based on the above information, impacts identified in this section would be considered small in
magnitude.
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6. Impacts on Air
f. Other impacts: The proposed action will include on-site air emissions, including fuel combustion, waste
incineration, or other processes or operations.
The FEAF Part 1, page 6 indicates that the project will utilize construction equipment during
construction and a backup generator during operations, both of which are sources of on-site air
emissions. However, the use of construction equipment is temporary and will cease once the project
is completed (approximately two months). The backup generator is proposed for emergencies and
will only operate in the event of an emergency.
Based on the above information, impacts identified in this section would be considered small in
magnitude.
7. Impacts on Plants and Animals:
j. Other impacts: The project is located within a Unique Natural Area.
The project site is located within the designated Six Mile Creek Valley Unique Natura Area and is
zoned Conservation by the town. There are no known endangered or threatened plant or animal
species located on or near the site that would be impacted by the proposed tower, concrete pad, or
access road. Additionally, there will be no tree cutting associated with the proposal. The proposed
tower will be constructed entirely within an existing cleared area; and the existing driveway access
will only be widened by four feet to accommodate the proposed use.
History of impacts on plants and animals: The project site is “Lot 5” from the Wiedmaier Subdivision,
approved by the Planning Board in December 2003. In 2007, the property owner at the time
performed extensive earthwork and illegal tree clearing in preparation for a housing site. The clearing
was in violation of the subdivision approval and other Town Code provisions. Prior to the earthwork,
the site was a mix of thick meadow/brush and evergreen and deciduous trees. Topographically, the
site was a hilltop, with steep sloping sides leading to streams on both sides. To create the large level
site that currently exists, the property owner removed the hilltop, and spread out the excavated
material, creating a large plateau with steep unstabilized sides. The property owner was required by
NYS DEC to undertake additional earthwork to soften slopes and install permanent stormwater
practices to remediate the site. To correct the subdivision approval violations, the property owner
was required to hire a professional landscaper to re-landscape the hillside with a native seed mix and
plant approximately 250 trees. The remediation plans also identified a “no disturbance zone” on the
filed subdivision plat, to inform all future owners and to insure that this portion of the land would be
left in a natural state in perpetuity.
There has been no further clearing since the remediation plans were established. Trees and other
landscaping were monitored for a period of five years, which was a condition of Planning Board
approval. Nearly all of the plantings survived or were replaced. None will be disturbed as part of the
proposed project.
Based on the above information, impacts identified in this section would be considered small in
magnitude.
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9. Impact on Aesthetic Resources
c. The proposed action may be visible from publicly accessible vantage points:
i. Seasonally
ii. Year round
d. The situation or activity in which viewers are engaged while viewing the proposed action is:
i. Routine travel by residents, including travel to and from work
ii. Recreational or tourism based activities
Briefly describe the impact on aesthetic resources: The project site is not listed in the Town of Ithaca
Scenic Resources Inventory or in the Tompkins County Scenic Resources Inventory. It is not in an area
that is officially designated as a federal, state, or local scenic or aesthetic resource.
The project site is located adjacent to residences and is approximately 500-feet from NYS Route
79E/Slaterville Road. In order to properly assess potential aesthetic and visual impacts, the applicant
submitted included a visual analysis “balloon-fly” at the proposed tower height (134ft), along with
before and after photo renderings and photo simulations of the tower within the landscape at various
viewpoints. The simulations show the balloon inset on each page, followed by a photo showing the
tower and another photo showing a camouflaged tower that is made to look like an evergreen tree.
The list below includes the specific views in the visual analysis where the tower will be visible:
a) P-1/S-1 – Intersection of Wiedmaier Court and NYS Route 79E/Slaterville Road, looking
southwest [tower most visible here]
b) P-3/S-3 – Looking west from NYS Route 79E/Slaterville Road, near 1667 Slaterville Road
(approx. 1550-feet from project site)
c) P-4/S-4 – Intersection of Burns Road and NYS Route 79E/Slaterville Road, looking south
d) P-5/S-5 – Looking south from Burns Way
e) P-6/S-6 – Looking northeast along Burns Road
The visual analysis illustrates that the project will only be visible from adjacent residents, and those
traveling along NYS Route 79E/Slaterville Road or Burns Road, either recreationally or as part of a
daily commute. Other than the South Hill Recreation Way, which will not be impacted by the tower,
there are no public parks or recreation trails nearby, so only the adjacent property owners and
residents on Wiedmaier Court, Burns Road, and Slaterville Road will see the tower on a consistent
basis. At 134-feet tall (plus 4’ lightning rod), the tower will be taller than surrounding trees at full leaf-
out. However, in most cases, one will need to deliberately look for the tower in order to see it while
commuting in a vehicle.
The project will be visible in the winter when the deciduous trees that surround the site have lost
their leaves. However, there should be enough coniferous trees to adequately screen the tower from
most views. The applicant has proposed additional landscaping around the base of the fenced-in
area, to mitigate aesthetic impacts of the ground equipment on adjacent residences. Camouflaging
the tower itself to look like an evergreen tree is not recommended, as it will make the tower stand
out more than necessary, which could create negative aesthetic impacts.
There are no similar projects visible near the proposed project. The two nearest personal wireless
service towers are located at least three miles away from the project (Cornell monopole on Dryden
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Road in the Town of Ithaca, and a tower in the Town of Danby). These facilities can be seen from a
number of public and private properties.
Based on the above information, impacts identified in this section would be considered small in
magnitude.
14. Impact on Energy
e. Other Impacts: The project will utilize electric power provided by the local utility company.
The applicant indicated in the FEAF Part 1 that the project will utilize electric energy that is sourced
from the local utility company (NYSEG). According to the application materials, the new tower will
result in a minimal increase in electrical power usage. It is unknown if the facility will need to comply
with the Town of Ithaca Energy Code. Regardless, impacts associated with energy usage would be
considered small in magnitude.
15. Impact on Noise, Odor, and Light
f. Other Impacts: The project will create construction noise and will require safety lighting.
The applicant indicated in the FEAF Part 1 that the project will create noise during construction. The
emergency generator will also create noise impacts when in use. The closest residence will be located
approximately 450-feet from the tower once constructed. Noise impacts are expected to be
temporary, with the majority ceasing after construction and the generator only operating during
emergencies.
In terms of lighting impacts, the tower itself does not require or include lighting, pursuant to FAA
standards. The project does include a 25W “flood light” that will be mounted around 8-feet high and
angled down towards the equipment cabinets in a manner that will comply with the Town Outdoor
Lighting Law. The light is a required safety feature and is not expected to create significant adverse
impacts on neighboring residences.
Based on the above information, impacts identified in this section would be considered small in
magnitude.
16. Impact on Human Health
While there is competing science upon different frequency emissions upon human health, especially
for transmitters and receivers located over 150’ in the air, the FCC has wholly occupied this field and
preempted federal, state, or local review of this issue (human health effects) when the project meets
the minimum guidelines promulgated by the FCC. This application has met those minimum
requirements, and further inquiry into alleged or potential health impacts is thus precluded under
federal law.
Pursuant to Town Code §270-219.Q, the Town of Ithaca hired a consultant team to examine and
evaluate the application and related documentation. The consultant team specifically reviewed the
electrical RF (radio-frequency) aspects of the project, and, per Town Code, evaluated the RF
information provided by the applicant for completeness, consistency, and adequacy. The consultant’s
written report dated September 20, 2024, revised October 21, 2024, made the finding that the
Applicant provided a Radio Frequency Emissions Compliance Report (Exhibit P) dated March 14, 2023,
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and signed by David C. Cotton, P.E., that shows the proposed site will not exceed the FCC General
Population limits.
Based on the above information, impacts identified in this section would be considered small in
magnitude.
18. Consistency with Community Character
f. The proposed tower will be inconsistent with the character of the existing natural landscape.
As noted above, the proposed tower will be located on a previously disturbed vacant parcel that is
surrounded by rural residential development. The proposal will not change the overall character of
the area but will be inconsistent with the character of the existing landscape. The tower will be set
back from NYS Route 79E/Slaterville Road, with tall trees on all sides, which will mitigate impacts of
the facility on the natural landscape.
Based on the above information, impacts identified in this section would be considered small in
magnitude.
Staff Recommendation, Determination of Significance
A negative determination of environmental significance is recommended for the action as proposed,
based on review of the materials submitted for the proposed action, the information above, and
analysis of the magnitude and importance of the project impacts.
Decision-Making Body: Town of Ithaca Zoning Board of Appeals
Reviewer: Christine Balestra, Senior Planner
Review Dates: September 24, 2024 & October 22, 2024