The URL can be used to link to this page

Home My WebLink AboutZBA Minutes 2025-08-26 Town of Ithaca Zoning Board of Appeals Tuesday. August 26, 2025, at 6:00pm 215 N. Tioga St. AGENDA  Public Hearing and Consider: ZBAA-25-4 Appeal Ithaca College, Owner of 953 Danby Rd; Mabel Gutliph Agent: is seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones) and Section 270- 223 (Fences and walls; retaining walls). The proposed sign would exceed 50 square feet for a single sign, exceed the maximum freestanding sign height of 6 feet, and allow for internal illumination, where it is not allowed to be internally illuminated per section 270-254 of Town of Ithaca Code. The proposed fence height would exceed section 270-223 of Town of Ithaca Code, which allows for a maximum height of 6’. The property is located in the Medium-Density Residential District Zone, Tax Parcel No. 41.-1-30.2  Public Hearing and Consider: ZBAU-25-3 Appeal Ithaca College, Owner of 953 Danby Rd; Mabel Gutliph, Agent: is seeking relief from Town of Ithaca Code sections 270-249B (Prohibited Sign and displays) and 270-54 (Residential and Conservation Zones) to install an animated sign, where an animated sign is not an allowed use. The property is located in the Medium Density Residential Zone district, Tax Parcel No. 41.-1-30.2. *Appeal materials are available at the Town website via the “Public Meetings”. *Comments on the appeal(s) can be made in person or via ZOOM during the meeting. Comments & questions can be emailed to codes@townithacany.gov up until 3pm the day of the meeting. All comments become part of the official record. Accessing the Meeting:  Zoom: Meeting ID: 852-5587-1576  Zoom: Call (929) 436-2866 same meeting ID as above Marty Moseley Director of Code Enforcement Town of Ithaca Zoning Board of Appeals August 26, 2025 Minutes Present: Connor Terry, Chair; Members Chris Jung, Matthew Minnig, Kim Ritter and Larry Sallinger Also Present: Marty Moseley, Director of Code Enforcement; Paulette Rosa, Town Clerk; CJ Randall, Director of Planning and Susan Brock, Attorney for the Town Item 1 ZBAA-25-4 Appeal of Ithaca College, Owner, 953 Danby Rd; Mabel Gutliph Agent; TP 41.-1-30, MDR. Seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones) and Section 270-223 (Fences and walls; retaining walls) to install a proposed sign that would exceed the maximum 50’ square feet for a single sign and the maximum freestanding sign height of 6’ feet and have internal illumination where it is not allowed. Overview Rob Champion, on behalf of Ithaca College (IC) went through a slide presentation. Scoreboard • Donor is financing the better scoreboard • Moved sign board to mitigate view from street and better viewing from bleachers. • Originally 15 x 8 and very basic. Functional but not as good as the proposed one at 15 x 25 for the scoreboard section then an additional arch with the IC logo and donor plaque at the bottom adds an additional 15’ feet for a total of 30’ x 25’ feet. • Audio is incorporated into the system and speakers are in the trusses. Volume has controls so the level cannot be changed once set and will be directed towards the stands/campus. Hammer Cage • NCAA changed regulations to a minimum of 8 meters with a recommended 10 meters in height for maximum safety. Board Questions In response to the Board member’s questions, the Applicant showed the location of the scoreboard on the depictions; stated that the speakers will be facing campus and controlled and locked on the minimum decibels needed and used at only 3 daytime events that will be held at the field as it is mainly a practice field. Public Hearing Mr. Terry opened the public hearing; there was no one wishing to speak and the hearing was closed. Determination The Board felt the findings from the previous variance for the scoreboard and throwing cage were applicable with minor changes to reflect the increases. The Board discussed the scoreboard and whether a Use variance was needed. The Applicants stated that they have no intention of using the animation capabilities; only the runner’s name, time, and position would be shown as depicted in the application materials. The Scoreboard is a gift from a donor, and not all functionalities will be used. Mr. Moseley responded that he was not aware of they did not intend to use animation, and if the animation is not used, a Use variance is not required. If they were to use the animation capabilities, that would be a Zoning violation and be processed through his department. Discussion began on the height of the scoreboard and whether it was the minimum variance needed. The Applicants stated that the scoreboard itself increased from 10’ feet to 30’ feet with much of the increase in the arch with the IC Logo (which is standard on scoreboards and buildings throughout campus) and the trusses which now have the speakers integrated into them, and a little more for the donor placard at the bottom. The sign was also moved to increase visibility from the stands and the announcer’s box, which is 300’ feet away, and so more square footage is needed, but it is in a better position for this size, and still not visible from off-campus. Again, the scoreboard will be used 3 times a season, during the daytime, as this field is mainly for practices, which mitigates any perceived hardship. The scoreboard will only be operated during daylight hours. ZBAA-25-4 Ithaca College 953 Danby Rd TP 41.-1-30, MDR Resolved that this Board grants the appeal of Ithaca College, seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones) and Section 270-223 (Fences and walls; retaining walls) to install a proposed sign that would exceed the maximum 50’ square feet for a single sign and the maximum freestanding sign height of 6’ feet and have internal illumination where it is not allowed, with the following Hammer Cage Conditions 1. That the throwing cage be built substantially as shown on the application materials, and with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: 1. That the relief sought cannot be achieved by any other means feasible given that the NCAA recommends a minimum of 10 meter (approximately 33’ feet) for safety reasons, and 2. That there will not be an undesirable change in the character or to nearby properties given that this is well within the IC Campus property, shielded by trees from the public roadway, and typical of athletic facilities, and 3. That the request is substantial as the maximum height of a fence is 6’ feet and approximately 33 feet is being requested to meet NCAA recommendations, and 4. That the request will not have any adverse physical or environmental impacts as evidenced by SEQR not being required as this is a Type 2 action, and 5. That the difficulty is not self-created in that NCAA sets the requirements/recommended heights. Moved: Connor Terry Seconded: Larry Sallinger Vote: ayes – Terry, Sallinger, Jung, Ritter and Minnig Scoreboard Conditions 1. That the scoreboard be built substantially as shown on the application materials, and with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit the applicant wishes cannot be achieved by any other means feasible given the height is needed for safety by keeping wires and mechanicals out of reach, and the total sign area and internal illumination is consistent with the needs of collegiate sports venues for spectators to be able to read the information and the change in location is needed due to additional distance from the stands and will further mitigate any view from off-campus, and the majority of the space is used for athlete name, time/distance, and lane, and 2. That there will not be an undesirable change in character or to nearby properties given that this is well within the College campus property, shielded by trees from the public roadway, and typical of athletic facilities, and Page 4 of 4 3. That the request is substantial in that the maximum height of a sign is 6’ feet and approximately 30’ feet is being granted, and it will also exceed the maximum area allowed and for an internally illuminated free-standing sign, and 4. That the request will not have adverse physical or environmental impacts as evidenced by no SEQR being required under Type 2 SEQR- routine activities of educational institutions and under Town Code, signs are exempt from SEQR, and 5. That the difficulty is not self-created because internal illumination is needed and consistent with sporting facilities and the increase in size mitigates some impacts and increases visibility from the stands. Moved: Connor Terry Seconded: Larry Sallinger Vote: ayes – Terry, Sallinger, Jung, Ritter and Minnig WITHDRAWN Item 2 ZBAU-25-3 Appeal Ithaca College, Owner 953 Danby Rd; Mabel Gutliph, Agent, TP 41.-1-30, MDR, seeking relief from Town of Ithaca Code sections 270-249B (Prohibited Sign and displays) and 270-54 (Residential and Conservation Zones) to install an animated sign, where an animated sign is not an allowed use. Executive Session Motion made by Mr. Terry to enter executive session to discuss ongoing litigation regarding the Verizon Tower at 111 Wiedmaier Ct., seconded by Larry Sallinger, unanimous. Motion made by Mr. Terry, seconded by Ms. Ritter to reenter open session and adjourn the meeting at 8:08 p.m., unanimous. Submitted by Paulette Rosa Town Clerk