HomeMy WebLinkAboutMN-BZA-2023-04-04City of Ithaca Board of Zoning Appeals
Minutes –April 4, 2023
Board Members Present: David Barken, Chair
Donna Fleming
Andre Gardiner
Joseph Kirby
Staff Present: Megan Wilson, Deputy Director of Planning and Development
Samuel Quinn-Jacobs, Assistant Planner
Applicants: 815 South Aurora Street, Brian Martinelli, Centerline
Communications, LLC (BZA #3237)
815 South Aurora Street, Kimberly Revak, Centerline
Communications, LLC (BZA #3249)
220 Grandview Avenue, David Gaglioli, DDS Companies (BZA #
3250)
Chair D. Barken called the meeting to order at 5:35 pm and read the opening statement.
I. TELECOMMUNICATIONS APPEALS
APPEAL #3237 815 South Aurora Street
Request for an area variance from §325-29.8B(1)(h), Siting Standards for Personal Wireless
Service Facilities (PWSF), and §325-29.8C(1), Design Standards for Personal Wireless Service
Facilities, of the City of Ithaca Zoning Ordinance to allow the modification of an existing personal
wireless service facility that is located within 250’ from a residential structure and less than 1500’
from other PWSF.
Brian Martinelli, of Centerline Communications, presented the appeal on behalf of Verizon
Wireless. The proposal to update the equipment on the existing tower was presented to the board.
The tower is owned by American Tower Corporation and their engineer has confirmed that the
tower has excess structural capacity to accommodate the new equipment.
The board had no questions for the appellant.
Public Hearing
Chair D. Barken opened the public hearing.
Staff read the Planning and Development Board’s recommendation on the appeal: The Planning
Board has no comments for this appeal.
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April 4, 2023-Meeting Minutes
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There being no further comments from interested parties, Chair D. Barken closed the public
hearing.
Deliberation & Decision
The board acknowledged that this is an existing installation that involves the replacement of
existing equipment. The modification will not exacerbate the existing setback deficiencies.
On a motion by J. Kirby, seconded by D. Fleming the BZA voted 4-0-0 to approve Appeal #3237
815 South Aurora Street.
_______________________________________________________________________
APPEAL #3249 815 S Aurora Street
Request for an area variance from §325-29.8B(1)(h), Siting Standards for Personal Wireless
Service Facilities (PWSF), and §325-29.8C(1), Design Standards for Personal Wireless Service
Facilities, of the City of Ithaca Zoning Ordinance to allow the modification of an existing
personal wireless service facility that is located within 250’ from a residential structure and less
than 1500’ from other PWSF.
Kimberly Revak, of Centerline Communications, presented the appeal on behalf of Verizon
Wireless. The proposal to update the equipment on the existing tower was presented to the board.
The board confirmed with the applicant that the existing tower had the capacity for the proposed
upgrades.
Public Hearing
Chair D. Barken opened the public hearing.
No comments were submitted.
Staff read the Planning and Development Board’s recommendation on the appeal: The Planning
Board has no comments for this appeal.
There being no further comments from interested parties, Chair D. Barken closed the public
hearing.
Deliberation & Decision
The board acknowledged that this is an existing installation that involves the replacement of
existing equipment. The modification will not exacerbate the existing setback deficiencies.
On a motion by J. Kirby, seconded by D. Fleming the BZA voted 4-0-0 to approve Appeal #3249
815 South Aurora Street.
______________________________________________________________________________
II. NEW APPEALS
APPEAL #3248 109-111 Valentine Place
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Request for an area variance from §325-8, Column 4, Off-Street Parking, and Column 6, Minimum
Lot Area, requirements of the Zoning Ordinance to allow the construction of a new four-story
multiple dwelling with 25 apartments with 9 off-street parking spaces.
The property also has existing rear yard and other side yard deficiencies that will not be
exacerbated by this proposal.
109-111 Valentine Place is located in a R-3a district in which the proposed use is permitted.
However, Section 325-32 requires that an area variance be granted before a building permit is
issued.
Valentine Place postponed their presentation until the May 2, 2023 meeting to gather more
information regarding their appeal.
APPEAL #3250 220 Grandview Avenue
Request for an area variance from §325-8, Column 6, Minimum Lot Area, and Columns 10 &11,
Minimum Front Yard, requirements of the Zoning Ordinance to allow the construction of a public
utility structure on a vacant lot within the R-2a.
David Gigliotti, of DDS Companies, presented the appeal on behalf of New York State Electric
and Gas (NYSEG). The presentation explained to the board the need to place a regulator station
at the proposed location as an older regulator stations is being retired. The appellant explained
that the proposed building is the smallest possible to contain all equipment and leave room for
maintenance work.
The board asked the appellant questions regarding possible alternatives to the proposal such as
alternate locations and installation techniques.
The appellant explained that no other location would allow the utility easement and that a vault-
style installation is not possible for the new equipment.
The board and applicant briefly discussed the feasibility of placing the regulator station on the
site without a building or casing around it.
Public Hearing
Chair D. Barken opened the public hearing.
There were no comments in support of the requested variance.
The following interested parties submitted comments in opposition to the request:
• Martha Preston, 636 Hudson St. Ithaca.
Staff read the Planning and Development Board’s recommendation on the appeal: The Planning
Board anticipates no long-term planning impacts from the approval of these variances.
There being no further comments from interested parties, Chair D. Barken closed the public
hearing.
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April 4, 2023-Meeting Minutes
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Deliberation & Decision
The board found no feasible alternatives to this proposal, given the uniqueness of the property
and that no other suitable sites would allow a utility easement. Members acknowledged that they
understand the neighborhood’s frustration with this proposal and that a better design would be
less impactful to the neighborhood.
On a motion by D. Barken, seconded by A. Gardiner, the BZA voted 4-0-0 to approve Appeal
#3250 220 Grandview Avenue.
III. PRELIMINARY PRESENTATIONS - None
IV. APPROVAL OF MINUTES – January 2023
V. ADMINISTRATIVE MATTERS
A Discussion of Staff Level Approvals-This would involve certain criteria allowing for a
staff level approval. Not any major variances that would require the boards approval,
B. Next Meeting-May 2, 2023
VI. ADJOURNMENT – Chair D. Barken adjourned the meeting at 7:10 pm.
Respectfully submitted,
___________________________ July 11 , 2023
Megan Wilson, Zoning Administrator Date
Secretary, Board of Zoning Appeals