HomeMy WebLinkAboutZBA Minutes 1985-12-30 . i
TOWN OF ITHACA ZONING BOARD OF APPEALS
DECEMBER 30 , 1985
The Town of Ithaca Zoning Board of Appeals met in Special Session
on Monday , December 30 , 1985 , in Town Hall , 126 East Seneca Street ,
Ithaca , New York , at 12 : 00 o ' clock , Noon .
PRESENT : Vice Chairman Jack D . Hewett , Edward N . Austen , Joan G .
Reuning , Edward W . King , Lewis D . Cartee ( Town Building
Inspector ) , John C . Barney ( Town Attorney ) , Nancy M . Fuller
( Secretary ) .
ALSO PRESENT : James W . Loomis , Fred Yahn ( The Ithaca Journal ) , Philip
Cohen ( WHCU News ) .
Vice Chairman Hewett declared the meeting duly opened at 12 : 05
p . m . and accepted for the record the Clerk ' s Affidavit of Posting and
Publication of the Notice of Public Hearing in Town Hall and the
Ithaca Journal on December 20 , 1985 and December 25 , 1985 ,
respectively , together with the Secretary ' s Affidavit of Service by
Mail of said Notice upon the Dormitory Authority of the State of New
York , upon the neighboring property owner , upon the Tompkins County
Commissioner of Planning , and upon the Appellant and Agent , on
December 20 , 1985 .
APPEAL OF ITHACA COLLEGE , APPELLANT , JAMES LOOMIS , AGENT , FROM THE
DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE
INSTALLATION OF A TELEVISION DISH ANTENNA ( 3 . 2 METERS IN HEIGHT ) ON
THE ROOF OF THE DILLINGHAM CENTER ( 65 FEET IN HEIGHT ) , LOCATED ON THE
ITHACA COLLEGE CAMPUS , IN RESIDENCE DISTRICT R151 AT 953 DANBY ROAD ,
TOWN OF ITHACA TAX PARCEL NO . 6 - 41 - 1 - 30 . 1 . PERMIT IS DENIED UNDER
ARTICLE IV , SECTION 11 , PARAGRAPH 10 , AND ARTICLE XIV , SECTION 75 , OF
THE TOWN OF ITHACA ZONING ORDINANCE .
Vice Chairman Hewett declared the Public Hearing in the
above -noted matter duly opened at 12 : 06 p . m . and read aloud from the
Notice of Public Hearing as posted and published and as noted above .
Mr . Loomis was present and distributed a copy of the following letter
to each of the Board members and to others present .
" Ithaca College
School of Communications
30 December 1985
Town of Ithaca Zoning Board of Appeals
Regarding the denial of a Building Permit for the installation of a
satellite downlink antenna for the upper roof of the Dillingham
Center , dated 20 December 1985 , our appeal is on three primary points .
1 . The antenna should be constructed because we intend it to serve as
a classroom resource for various courses at the College . In this
application the antenna would receive program examples for analysis
and study , usually to be taped at various times for later replay .
Zoning Board of Appeals 2 December 30 , 1985
• 2 . Toward that end , the antenna must be able to scan the complete arc
of the equatorial horizon , unobstructed . Without great cost for
relaying the signal to our control facilities , the only location we
have in the vicinity of Dillingham Center which allows this convenient
function is the upper -most roof .
3 . Finally , the roof location affords a reasonable level of security
for the antenna . Construction of a fenced enclosre , were it otherwise
practical , would , I believe , cost more than the construction of the
special mounting ' hardware for the roof .
Sincerely ,
( sgd . ) James W . Loomis
Director of Telecommunications "
For the record , the Board members each had before him / her a copy
of the following documents .
1 . Appeal Form , as completed and signed by Thomas R . Salm , Vice
President for Business Affairs , Ithaca College , under date of
December 18 , 1985 , reading as follows :
" . . . Having been denied permission to mount a 3 . 2 meter satellite
dish on the high roof of the Dillingham Center . . . See attached . "
[ Attachment ]
" Ithaca College requests permission to mount a 3 . 2 meter
satellite dish in order to enhance our existing academic programs
• in the area of telecommunications and to provide new sources of
information to other areas of campus .
Attached is a more or less complete listing of channels available
via satellite . This is current as of June , 1985 , and does not
include a complete list of available audio subcarrier services .
The primary uses of the satellite feed will be in classes such as
New Telecommunication Technologies and Programming and Promotion .
Many of the services listed on the attachment are not available
locally or do not come into the building on the cable . Items not
available locally are starred on the attached chart . These
services will illustrate classroom materials . For example , in
both our New Telecommunication Technologies course and
Programming and Promotion cable program strategies are discussed .
Without a full range of viewing options we must rely on using
illustrations from those channels that are familiar to students .
Additional channels will allow for more complete discussions on
strategy . In addition , channels not available locally ( eg .
C - Span ) occasionally distribute educational materials of interest
to other classes . Note the many occasional video users [ sic . ] .
Many of these uses are by broadcast networks distributing
material back to New York for redistribution to affiliates . This
process is of interest to both students in production classes and
in New Telecommunication Technologies .
Once the dish is in place and in reliable working order , we might
want to encourage use by other parts of campus . The University
Teleconferencing Network , for example , offers a series of short
• courses on a variety of topics ranging from world hunger to
business issues . C - Span , a channel which transmits Congressional
hearings , other government agency meetings , and has a variety of
Zoning Board of Appeals 3 December 30 , 1985
special interview programs with national politicians , would be of
interest to the Politics Department , Spanish International
Network ( SIN ) and Galavision air programs in Spanish which might
be of interest to the Languages Department . Other services such
as Black Entertainment Network ( BET ) , the Alaska Satellite
Project and Learn Alaska Network , as well as the Spanish channels
could be used in courses across campus that study ethnic groups
in society . The many news feeds available on satellite : CNN ,
INN , Group W , Reuters , Financial News Network ( FNN ) , and
occasional video use by broadcast networks , could also be of use
in classes like News of the Day or Politics classes . The variety
of uses across campus will be expanded as faculty get the
opportunity to learn what is available on these services .
With the acquisition of a satellite dish we will be able in
classes to go beyond description of new technology to giving
students and faculty hands - on experience with an important new
technology that is having a major impact in the video
marketplace .
Technical concerns are as follows :
1 . Ground mounting would pose a security and vandalism
problem .
2 . The roof location allows a full view of the sky
eliminating the obstructing adjacent buildings and hill .
It is important to be able to scan the whole horizon . "
[ Referenced Attachment ]
• Two pages from Satellite TV Week showing various Satellite
Channel Choices .
2 . Short Environmental Assessment Form as completed , signed , and
submitted by Thomas R . Salm , under date of December 12 , 1985
[ Part I ] . as reviewed and recommended upon by the Town Planner ,
Peter M . Lovi , under date of December 11 , 1985 , [ Parts II and
III ] , as follows :
" Question A - - " NO " .
Question B - - " NO " .
Question Cl - - " No adverse impact expected . Action has no effect
on these criteria . "
Question C2 - - " Possible aesthetic impact . See attached .
Possible safety and community character impact . See attached . "
Question C3 - - " No adverse impact expected . Action has no effect
on these criteria . "
Question C4 - - " Action is consistent with existing land use and
is accessory to the use of Dillingham Center . Pending zoning
amendment permits satellite dishes in the Town ; I recommend that
this action be reviewed in a manner consistent with this
amendment .
Question C5 - - " None . "
Questin C6 - - " Failure to review action consistent with pending
zoning amendment could have adverse impact as precedent . "
Question C7 - - " No change expected . "
Box checked which states : " Check this box if you have
• determined , based on the information and analysis above and any
supporting documentation , that the proposed action WILL NOT
result in any significant adverse environmental impacts AND
Zoning Board of Appeals 4 December 30 , 1985
• provide here , and on attachments as necessary , the reasons
supporting this determination . "
" See conclusion attached . "
[ Attached conclusion . ]
" C2 . There is a possible aesthetic impact as a result of this
action . Dillingham Center is 67 feet high from finished grade at
the building line to the roof . The height of the antenna has not
been given , but on the basis of the sketch provided , I estimate
its height to be 11 ± feet . Section 59A . ( e ) of the pending
zoning amendment states that a dish antenna located on a building
within 200 feet of an R15 zone shall not exceed 6 feet in height
above the roof line of the building line . On the basis of
existing information , the proposed dish would not be in
conformance ' with the pending zoning regulation and a variance
would be required . The Zoning Board of Appeals should consider
this aesthetic impact when reviewing the variance application .
There is a possible impact on public safety . The wind load
on a dish antenna can be extremely high . Given that this
structure will be at least 67 feet in the air and within 200 feet
of several large parking lots , an academic building and a
quadrangle , the expected damage loss in the event of an accident
could be substantial .
Section 59A . ( f ) of the pending regulations state that the
installation of all roof -mounted dish antennae must be certified
by a registered architect or a professional engineer . The
• documents provided as of this review indicate how the
installation will be made , however they do not provide any
information on the expected wind load . As a result , it is
impossible for our engineering staff to verify the sufficiency of
the installation plan .
There is a possible impact on neighborhood or community
character . The parcel involved is zoned R15 . Section 59A . ( a )
of the pending satellite dish ordinance states that in Residence
District R15 , a free - standing dish antenna with a diameter or
height of 15 feet or less shall be considered a permitted
accessory building and subject to all applicable yard and height
requirements . Accessory structures are not permitted to be
higher than 15 feet . The antenna will be between 67 and 78 feet
tall . In this particular case , the impact on the community
should be decided by the Zoning Board of Appeals as part of its
reviews ,
CONCLUSION : I recommend a negative declaration of environmental
significance based upon the provision of installation plan
certified by a professional engineer and a finding by the Zoning
Board of Appeals that the project will not have an adverse
aesthetic impact upon the environment . "
3 . Detail Sheet , dated December 10 , 1985 , prepared by Raymond A .
DiPasquale & Associates , Structural Consultants , showing how the
antenna is to be installed .
• 4 . Supplemental Detail Sheet , North Elevation , dated 12 / 12 / 85 ,
submitted by George C . Kugler , Ithaca College .
Zoning Board of Appeals 5 December 30 , 1985
5 . Application for Building Permit , dated December 6 , 1985 , signed
by Emil T . Policay , Director , Physical Plant , Ithaca College .
6 . Site Plan , Ithaca College .
7 . West Elevation , Dillingham Center , with proposed dish antenna
sketched in place .
Vice Chairman Hewett asked Mr . Loomis if he had anything to add
to what has been submitted . Mr . Loomis stated that he would have very
little to add other than the letter dated December 30th which he had
distributed to the Board members . Mr . Loomis stated that he would
like to note , however , with respect to the Notice which indicates that
Dillingham Center is 65 feet in height , that it is somewhat higher
than 65 feet - - about 70 feet high - - there being a large ventilator
on top of the roof also . Mr . Loomis stated that he would also like to
point out that the dish , although 3 . 2 metres in size , stands at an
angle and , so , would be somewhat lower than that 3 . 2 metres . Mr .
Loomis commented that the height may be somewhat less because of its
roof mounting capabilities , which means that it does not have to be
elevated , and , therefore , the lower arm is no more than a foot or so
above the roof and , also , the angle would lower it somewhat .
Vice Chairman Hewett asked if there were any questions .
Mr . King , commenting that the Environmental Assessment Form left
• several questions , stated that the reviewer needed more information ,
really , to make a real judgment - - for example , wind load - - nor did
he understand how the mounting would be done exactly .
Mr . Loomis responded that he had thought the College ' s Engineer
had submitted that information . Mr. ._•. Loomis stated that he could tell
the Board that the manufacturer is Scientific Atlanta and that the
sheer load is 175 m . p . h . Mr . Loomis stated that he would try to
describe the mounting as best he could and spoke of ten bolts , a steel
pipe 14 " in diameter which mounts to the main structure of the
building , and , 47 , 000 to 50 , 000 lbs . load . Discussion followed as to
Mr . DiPasquale ' s qualifications as a structural engineer and about the
drawing submitted by his firm .
Mr . King read from Mr . Lovi ' s review , as follows : " Section 59A .
( f ) of the pending regulations state that the installation of all
roof -mounted dish antennae must be certified by a registered architect
or a professional engineer . The documents provided as of this review
indicate how the installation will be made , however they do not
provide any information on the expected wind load . As a result , it is
impossible for our engineering staff to verify the sufficiency of the
installation plan . . . I recommend a negative declaration of
environmental significance based upon the provision of installation
plan certified by a professional engineer . . . "
• Mr . Loomis expressed his sincere apologies for not having all the
material with him , commenting that it was on his desk at the College ,
and offering to retrieve it .
Zoning Board of Appeals 6 December 30 , 1985
• Mr . King asked Mr . Loomis if the dish were a solid dish , to which
Mr . Loomis responded , yes . Mr . Loomis continued , and described the
merits of the " solid " dish as opposed to a " mesh " dish . Mr . Austen
commented that he would assume that the colour of the antenna is
off -white , similar to the concrete . Mr . Loomis stated that he could
not guarantee that the colour is similar to the concrete , however , it
is a neutral colour , adding that , perhaps , bone would better describe
it . Mr . Loomis noted that the dish is comprised of eight petals ,
stressed for those wind loads and intended for commercial duty , that
is , all mounting hardware that is used is intended for building
mounting applications .
Mr . King noted that the reviewer talked about aesthetics , adding
that he did not know the height , however , Mr . Loomis had indicated
that it is elevated about two feet . Mr . Loomis responded that the
antenna would not be more than a foot or so distant from the roof
level , adding that it is not on a platform . Mr . Loomis proceeded to
describe a large mounting of heavy steel which goes through the
ventilator cowl , the plate being bolted to the roof . Mr . Loomis noted
that the antenna is mounted to the actual structure of the building
with materials of the same grade and strength as materials that
support Dillingham Center , Mr . Loomis described saddles of heavy
structural iron , and further described how the plate is then mounted
on that . Mr . Loomis spoke of a large column to which this is bolted
by stud bolts and , then , through the weather boot and attachment with
grate . Mr . Loomis also described the use of a universal joint .
• Mr . King wondered what the highest point aboveground level would
be . Mr . Loomis stated that they envision it being mounted on the
southwest top of that roof , not on the outside , and 6 to 8 feet in
from the edge . Mr . King asked if that were toward the centre of the
Campus , with Mr . Loomis responding , no - - toward the football field .
Utilizing the Site Plan of Ithaca College , Mr . Loomis described the
roof of Dillingham Center . Further discussion ensued among all those
present with respect to the visual impact question .
Mr . Loomis stated that he had walked this area extensively ,
adding that President Whalen was particularly concerned with the
visual aspects . Mr . Loomis stated that he could not see the
ventilator on the roof of Dillingham Center and , so , he did not think
that the dish could be seen . Mr . Loomis offered that he suspected it
could be seen from Route 96B - toward Danby - - in a spot for about 100
feet , although , perhaps , not even then . Mr . Loomis stated that you
would see it from The Towers on the Campus , and , probably from the
football field stands . Mr . King asked Mr . Loomis what his personal
impression of the view as you come into the entrance to Ithaca College
would be . Mr . Loomis stated that he did not think you will see very
much of it .
Mr . King noted that possible benefit to the public had been
mentioned in Part I of the EAF . 1 " 5 . The installation of a satellite
• dish on the highest point of the Dillingham Center is needed for
planned instructional work in Communications . Ground or lower roof
locations pose a security problem and / or obstruct the full view of the
Zoning Board of Appeals 7 December 30 , 1985
sky because of adjacent hill . The dish is mainly for educational use ,
but on occasion would make special programming available to the
public . " ] Mr . Loomis stated that he thought that was a weak point but
it could be true . Mr . Loomis described certain instances of public
benefit , mentioning the Division III National Football Title Game on
December 14th at the Stagg Bowl in Phenix City , Alabama , where
technical difficulties were experienced when the up - link froze , as an
example of the public interest being served locally since Ithaca
College was a participant . Mr . Loomis also spoke of teleconferencing
capabilities .
The Secretary read the Resolution adopted by the Planning Board
at its December 17th meeting in re its site plan review of the
proposal of Ithaca College , as follows : " MOTION by Mr . Montgomery
May , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Town of
Ithaca Planning Board recommend and hereby does recommend to the Town
of Ithaca Zoning Board of Appeals , if application for variance from
the height requirement of the Town of Ithaca Zoning Ordinance be filed
with said Board of Appeals , that approval be granted based on the
educational need and benefit , and the fact that there are no near
neighbors and very little aesthetic problems with this dish mounted on
the top of Dillingham Center as proposed . Six Ayes - - May , Grigorov ,
Langhans , Klein , Schultz , Baker . Carried unanimously . "
Discussion between the Board members and the Town Attorney of the
• proposed zoning ordinance amendment in re satellite dishes followed .
Mr . King commented that he thought the Board could handle this
matter , as recommended , as a variance subject to the provision of an
installation plan certified by a registered architect or professional
engineer . The Board members indicated their agreement .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , subject to the Town Engineer ' s approval of technical
information concerning expected wind loads and mounting to be both
certified by and supplied by the Consulting Engineer for Ithaca
College , as specified in the third paragraph of attached Part II sheet
of the Environmental Assessment Form in re a 3 . 2 metre Satellite Dish
Antenna proposed for installation upon the roof of The Dillingham
Center , that the Town of Ithaca Zoning Board of Appeals determine and
hereby does determine that the proposed action will not result in any
significant adverse environmental impacts .
vote . There being no further discussion , the Vice Chair called for a
Aye - Hewett , Austen , Reuning , King .
Nay - None .
The MOTION was declared to be carried unanimously .
• MOTION by Mr . Edward King , seconded by Mr . Edward Austen .
Zoning Board of Appeals 8 December 30 , 1985
• RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant
and hereby does grant an area variance from the 30 - foot height
requirement of Article IV , Section 11 , Paragraph 10 , of the Town of
Ithaca Zoning Ordinance , to permit the installation of a 3 . 2 metre
Satellite Dish Antenna upon the roof of Dillingham Center , located on
the Campus of Ithaca College , as proposed . Said grant of area
variance is conditioned upon the Town of Ithaca Engineer receiving ,
and approving , from Ithaca College ' s Professional Engineer certified
information as to expected wind loads and the capability of the
proposed mounting of such Dish Antenna to provide for an adequate
safety factor . Said grant of area variance is further conditioned
upon the Consulting Engineer , who designed the installation , making a
final inspection of the installation of said Dish Antenna , and its
appurtenances , and providing the Office of the Town of Ithaca Building
Inspector with certification , in writing , that the installation was
made in compliance with the plans as submitted .
There being no further discussion , the Vice Chair called for a
vote .
Aye - Hewett , Austen , Reuning , King .
Nay - None .
The MOTION was declared to be carried unanimously .
• Vice Chairman Hewett declared the Public Hearing in and matter of
the Appeal of Ithaca College duly closed at 1 : 00 p . m .
The Board members thanked Mr . Loomis for his informative and
candid presentation , with Mr . Loomis extending his thanks to the Board
members , on behalf of Ithaca College , for their kind efforts and
patience . Mr . Loomis stated further that he appreciated the Town ' s
concern for both safety and aesthetics .
ADJOURNMENT
Upon Motion , Vice Chairman Hewett declared the December 30 , 1985
special meeting of the Town of Ithaca Zoning Board of Appeals duly
adjourned at 1 : 05 p . m .
Everyone wished everyone a Very Happy and Healthy New Year .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
• Jack D . Hewett , Vice Chairman