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HomeMy WebLinkAboutZBA Minutes 2025-11-24 Town of Ithaca Zoning Board of Appeals Tuesday November 25, 2025, at 6:00pm 215 N. Tioga St. AGENDA  Public Hearing and Consider: ZBEN-25-3 Appeal of Cayuga Medical Center, owner of 341 Power Plant Way, Ithaca NY 14850; Matthew Leak, Agent: is seeking relief from Town of Ithaca Code section 144-4 (Commercial Building Provisions). Town of Ithaca Code section 144-C402.1 requires a building to comply with the Ithaca Energy Code in a prescriptive/performance manner, where the applicant is proposing to acquire eight prescriptive points, where twelve prescriptive points are required per section 144-C401 of Town of Ithaca Code, for construction of a new commercial building. The property is located in the Office Park Commercial Zone, Tax Parcel No. 24.-3-2.1.  Public Hearing and Consider: ZBAA-25-24 Appeal of New York State Electric and Gas, owners of 522 Elm St. Ext., Ithaca NY 14850; Mary Steblein, Agent; are seeking relief from Town of Ithaca Code sections 270-70 (Height limitations) and 270-223 (Fences and walls; retaining walls). Town of Ithaca Code section 270-70 limits structures to a maximum height of 30’, where the applicant is proposing two pole type structures that exceed the maximum height as identified. Town of Ithaca Code section 270-223 requires that fencing be a maximum height of 6 feet and fencing is prohibited to cause injury upon human contact, where the applicant is proposing to exceed a fence height of 6’ and propose elements of the fence that would cause human injury upon contact. The property is located in the Medium-Density Residential Zone, Tax Parcel No. 29.-6-11.  Public Hearing and Consider: ZBAA-25-25 Appeal Ithaca College, Owner of 953 Danby Rd., Ithaca NY, 14850; Nikki Kelley, Agent: is seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones). Town of Ithaca Code section 270-254E(6) limits signs to 100 square feet of aggregate area, and limits one sign to 50 square feet where the signs are located at least 500’ from a public right-of-way and limits the aggregate sign area to 32 sq.ft. with no one sign being more than 24 sq.ft when the sign is closer than 500’ to a public right-of-way, where the applicant is proposing to exceed the aggregate sign area and exceed the maximum size allowed for a single sign. The property is currently located in the Medium-Density Residential District Zone, Tax Parcel Number: 41.-1-30.2  Public Hearing and Consider: ZBAA-25-26 Appeal Ithaca College, Owner of 127 Conservatory Dr. Ithaca NY, 14850; Nikki Kelley, Agent: is seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones). Town of Ithaca Code section 270-254E(6) limits signs to 100 square feet of aggregate area, and limits one sign to 50 square feet where the signs are located at least 500’ from a public right-of-way and limits the aggregate sign area to 32 sq.ft. with no one sign being more than 24 sq.ft when the sign is closer than 500’ to a public right-of-way, where the applicant is proposing to exceed the aggregate sign area and exceed the maximum size allowed for a single sign. The property is currently located in the Medium-Density Residential District Zone, Tax Parcel Number: 41.-1-30.2 Additional Items: 1. Executive Session: Discuss the current litigation from Verizon Wireless pertaining to 111 Wiedmaier Ct 2. Consideration of mediation agreement between the Town of Ithaca and Verizon Wireless 3. Dates for future meetings *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:  Youtube Live: “Town of Ithaca Public Meetings”  Zoom: Meeting ID: 852-5587-1576  Zoom: Call (929) 436-2866 same meeting ID as above  The Youtube recording of the meeting is archived Youtube.com/@TownofIthacaVideo. Marty Moseley Director of Code Enforcement ZBA 2025-11-24 (Files 12/1) Pg. 1 Town of Ithaca Zoning Board of Appeals November 25, 2025 Minutes Board Members Present: Connor Terry Chair; Chris Jung, Kim Ritter, Matthew Minnig, and Larry Sallinger Marty Moseley, Director of Code Enforcement; Paulette Rosa, Town Clerk; Susan Brock, Attorney for the Town and Chris Balestra, Senior Planner Mr. Terry opened the meeting at 6:00 p.m. 1. ZBEN-25-3 Appeal of Cayuga Medical Center, 341 Power Plant Way, Office Park Commercial Zone, TP 24.-3-2.1, seeking relief from Town of Ithaca Code section 144-4 (Commercial Building Provisions) C401.1 and 402.1, which requires commercial buildings to comply with the Ithaca Energy Code an acquire 12 prescriptive/performance points where the applicant is proposing to acquire 8. Matthew Leak, Agent, gave an overview of the appeal, saying that they would like to build a new structure to house generators that are currently located in the basement of the hospital. The structure will be heated and sprinklered but there will be no employees or public using the storage facility, only periodic maintenance personnel. There is no way to meet the minimum requirements given the use of the building, adding that they do meet the State’s minimum requirements under their Energy Code. Mr. Moseley added that the nature of the building does not give the applicants the ability to go after points associated with things like a water heater, walkability, electric vehicle parking or volume density but they are meeting those that are applicable to this type of building and use. Public Hearing – No one wishing to speak. SEQR Determination ZBEN-25-3 -SEQR Cayuga Medical Center 341 Power Plant Way OPC, TP 24.-3-2.1 Resolved that this Board makes a negative determination of environmental significance based upon the information in Parts 1 & 2, and for the reasons stated in Part 3 of the SEQR Form. Moved: Connor Terry Seconded: Larry Sallinger Vote: ayes – Terry, Sallinger, Jung, Minnig, and Ritter Page 2 of 9 Determination ZBEN-25-3 -SEQR Cayuga Medical Center 341 Power Plant Way OPC, TP 24.-3-2.1 Resolved that this Board grants the appeal of Cayuga Medical Center, 341 Power Plant Way, Office Park Commercial Zone, TP 24.-3-2.1, seeking relief from Town of Ithaca Code section 144-4 (Commercial Building Provisions) C401.1 and 402.1, which requires commercial buildings to comply with the Ithaca Energy Code an acquire 12 prescriptive/performance points where the applicant is proposing to acquire 8 with the following Condition 1. That the structure be built substantially as shown on the application materials, and with the following Findings On balance, the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: A. Whether the benefits sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; the applicants have exhausted all applicable points for the type of building they are proposing, and B. Whether the applicant has proposed implementing other energy or construction options, in place of the standard or requirement that is the subject of the variance request, that will result in the least amount practicable of additional greenhouse gas emissions; The 8 points they have identified they are meeting will reduce the emissions, and C. Whether the variance request will result in a substantial amount of greenhouse gas emissions if the request is granted; There will not be a substantial amount of greenhouse gases emitted given that the only energy source is the heat pump which is high efficiency, and D. Whether the variance request is unique to the building, project, or site and does not apply to a substantial portion of the neighborhood or community; This applies because this is a building to house generators that will not be used or accessed by people other than for general maintenance and routine testing and the neighborhood consists of the hospital campus, and therefore the variance is unique to the project and not applicable to a substantial portion of the neighborhood or community, and E. Whether the requested variance is the minimum necessary; The request is the minimum necessary as they are acquiring the points that are applicable and available to them given the type and use of the structure, and F. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the variance; The alleged difficulty is self-created in that the need is to house generators, but the unique building use makes the points under the Ithaca Energy Code not applicable to this type of project. ZBA 2025-11-24 (Files 12/1) Pg. 3 Moved: Connor Terry Seconded: Chris Jung Vote: ayes – Terry, Sallinger, Jung, Minnig, and Ritter 2. ZBAA-25-24 Appeal of New York State Electric and Gas, 522 Elm St. Ext., MDR, TP 29.-29-6-11, seeking relief from Town of Ithaca Code sections 270-70 (Height limitations) and 270-223 (Fences and walls; retaining walls) to be permitted to erect two pole type structures that exceed the maximum height and fencing that exceeds the maximum height of 6 feet and which has elements that would cause human injury upon contact. Mary Steblein, Agent and Mitchell Tomas, NYSEG representative, were available for questions and gave an overview. The project involves the expansion of the substation consisting of installation of new 8’ foot chain link fencing with outrigger barbed wire at the top, to meet NYSEG and NYS Electrical Code Standards for safety. The structures exceeding the height limitations are for lightening protection consisting of 45’ foot tall masts. Questions The Board asked if the expansion was another stand-alone building or connected to the existing building, and the existing heights of the poles and fence. The applicant responded that the expansion is not a building, but a structure, connected to the existing building; the current poles are at 28’ feet and she was unsure about the fence, given the age of the substation as regulations may have changed since its installation. Ms. Balestra asked about the lighting and whether they would shine on the neighboring residences. The applicant responded that the lights are on the lightening poles at 24’ feet and meet Town Lighting requirements. Public Hearing Three neighbors spoke, expressing concerns about whether the fencing will be enclosing the entire project, including down the hill; concerns that the noise will increase, and lighting spillage. Mr. Terry closed the public hearing. Discussion Page 4 of 9 The applicant materials were shared on the big screen and there was back and forth between the residents and the applicant to answer their questions and show the details of the project as the concerns were discussed.  No new building, just electrical equipment expanded 18’ feet to the east and north of the existing structure and existing equipment  Noise – will probably be reduced as newer equipment tends to be less noisy than the current system. Substation installed in the 1960’s and building in 2020  Lights will meet Town of Ithaca Lighting Code and be no higher than 25’ ft up on the lightening masts; existing lighting remains unchanged, but it was stated that they would be no higher than 25’ ft  Security fencing requirements are 7’ feet tall with an additional minimum of 3 strands of barbed wire, around the perimeter of the substation Determination ZBAA-25-24 Area Variance NYSEG Substation 522 Elm St. Ext. MDR, TP 29.-29-6-11 Resolved that this Board grants the Appeal of New York State Electric and Gas, 522 Elm St. Ext., seeking relief from Town of Ithaca Code sections 270-70 (Height limitations) and 270-223 (Fences and walls; retaining walls) to be permitted to erect two pole type structures that exceed the maximum height and fencing that exceeds the maximum height of 6’ feet and which has elements that would cause human injury upon contact, with the following Conditions 1. That the project be completed substantially as shown in the application materials, and 2. That the light heights on the lightening masts are at 25’ feet as indicated and less than 3000 kelvin unless a higher kelvin is required to meet safety standards, and with the following Findings On balance, the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit cannot be achieved by any other means feasible given that the heights requested for the poles and fence and the need for an element that would cause harm to humans if encountered are necessary under National Electrical Security Standards and NYSEG standards, and 2. That there will be an undesirable affect to the neighborhood and to nearby properties in that the fencing will be increased in area and height and the lightening masts will increase ZBA 2025-11-24 (Files 12/1) Pg. 5 in height, but the lighting elements will meet Town Code and light trespass will not occur and the expectation is that there will be no increase in noise and there may be a decrease in the noise level given the upgraded equipment, and 3. That the request is substantial in that the fence will be 2’ feet higher than the maximum and include the element that could cause human harm, and the poles/masts for lightening protection will be 45’ feet in height where the maximum is 30’ feet, and 4. That there will not be a significant environmental impact given that this is a Type 2 action under SEQR – reconstruction of a facility in kind on the same site, and 5. That the hardship is not self-created in that the elements requiring variances are required under NESC and NYSEG safety and security standards. Moved: Connor Terry Seconded: Chris Jung Vote: ayes – Terry, Jung, Minnig, Ritter and Sallinger 3. ZBAA-25-25 Appeal Ithaca College, 953 Danby Rd., MDR, TP 41.-1-30.2, seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones) to be permitted to erect signs that exceed the aggregate sign area and the maximum size allowed for a single sign. Mr. Moseley explained that we do not have zoning for college campus’ yet and the way a sign is measured, you draw a box around the sign, which includes the open space between the two ends of the monument given its orientation and the space with no lettering, which is a substantial part of this sign. Steve Dayton stated that this is an entrance monument sign that is meant to be distinctive, and it is facing the private campus road. Mr. Minnig asked if this way of measuring was similar to the recent bank teller signs that included a large portion of blank area. Mr. Moseley stated that it was. In this instance, the lettering itself is approximately 9’ feet. Mr. Terry commented that the measurement criteria should be reviewed. Public Hearing – No one wishing to speak. Determination ZBAA-25-25 Area Variance Ithaca College, 953 Danby Rd MDR, TP 41.-1-30.2 Page 6 of 9 Resolved that this Board grants the appeal Ithaca College, 953 Danby Rd., seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones) to be permitted to erect signs that exceed the aggregate sign area and the maximum size allowed for a single sign, with the following Conditions 1. That the sign be installed as depicted in 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 cannot be achieved by any other means feasible given that the aggregate area maximum is incalculable given that the campus is one tax parcel and there are many signs on the property that are necessary and consistent with a college campus and this particular sign is a monument-style entrance feature and necessarily large, and 2. That there will not be an undesirable change to the neighborhood character given this sign faces a private road on campus, is 500 feet away from the ROW, and aesthetically consistent with the other monument signs on campus, and 3. That the request is substantial as stated above, and the criteria for measuring the size of a sign is not easily applied to a monument sign at right angles as the area that is not used is still calculated, and 4. That there will not be any environmental impacts given this is Type 2 under SEQR, and 5. That the difficulty is not self-created in that this is a university campus and the Town does not have zoning appropriate for one large parcel encompassing the structures and signs of a common campus environment. Moved: Connor Terry Seconded: Larry Sallinger Vote; ayes – Terry, Sallinger, Jung, Minnig and Ritter 4. ZBAA-25-26 Appeal Ithaca College, 127 Conservatory Dr., Medium-Density Residential Zone, Tax Parcel Number: 41.-1-30.2, seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones) which limits signs to 100 sqft of aggregate area, and limits one sign to 50 sqft where the signs are located at least 500’ from a public right-of-way and limits the aggregate sign area to 32 sqft. with no one sign being more than 24 sqft when the sign is closer than 500’ to a public right-of-way, where the applicant is proposing to exceed the aggregate sign area and exceed the maximum size allowed for a single sign. ZBA 2025-11-24 (Files 12/1) Pg. 7 Mr. Kelley gave an overview, saying that the same issues as stated in the previous appeal apply here, except this sign already exists and has lighting that was properly permitted and meets Town Code. There were no questions from the Board. Public Hearing – There was no one wishing to speak. Determination ZBAA-25-26 Area Variance Ithaca College 127 Conservatory Dr. MDR, TP 41.-1-30.2 Resolved that this Board grants the appeal of Ithaca College, to exceed the maximum aggregate size of all signs and the maximum size for a single sign, as stated in the public notice, with the following Conditions 1. That the sign be installed as depicted in the application materials, and 2. That the sign is not expanded beyond what exists, 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 cannot be achieved by any other means feasible given that the aggregate area maximum is incalculable given that the campus is one tax parcel and there are many signs on the property that are necessary and consistent with a college campus and this particular sign is a monument-style entrance feature and necessarily large, and 2. That there will not be an undesirable change to the neighborhood character given this sign faces a private road on campus, is 500 feet away from the ROW, and aesthetically consistent with the other monument signs on campus, and 3. That the request is substantial as stated above, and the criteria for measuring the size of a sign is not easily applied to a monument sign at right angles as the area that is not used is still calculated, and 4. That there will not be any environmental impacts given this is Type 2 under SEQR, and Page 8 of 9 5. That the difficulty is not self-created in that this is a university campus and the Town does not have zoning appropriate for one large parcel encompassing the structures and signs of a common campus environment. Moved: Connor Terry Seconded: Larry Sallinger Vote; ayes – Terry, Sallinger, Jung, Minnig and Ritter 6. Additional Items: A. Executive Session: Discuss the current litigation from Verizon Wireless pertaining to 111 Wiedmaier Ct Motion made by Connor Terry to enter executive session to seek legal counsel regarding current litigation: Verizon vs Town of Ithaca, seconded by Kim Ritter, unanimous. Motion made by Connor Terry to re-enter open session, seconded by Kim Ritter, unanimous. B. Consideration of mediation agreement between the Town of Ithaca and Verizon Wireless Zoning Board of Appeals Resolution 2025 - 001: Approval of and authorization to sign the Stipulation of Settlement and Consent Order associated with the Verizon vs the Town of Ithaca, Ithaca Town Board and the Ithaca Zoning Board of Appeals Whereas Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless filed Civil Action No. 3:25- cv-00409-ECC-ML against the Town of Ithaca, the Ithaca Town Board and the Ithaca Zoning Board of Appeals regarding the denial of an application by Verizon Wireless of an area variance for a 134’ foot wireless telecommunications facility at 111 Wiedmaier Court, and Whereas the parties have negotiated a proposed Stipulation of Settlement and Consent Order (Settlement), and Whereas the Zoning Board of Appeals has discussed the proposed Settlement and sought legal counsel in Executive session at its meeting on November 25, 2025, now, therefore, be it Resolved that the Zoning Board of Appeals approves the Settlement as submitted and authorizes Counsel and/or the Zoning Board of Appeals Chairperson to execute any associated documents necessary to finalize the Settlement. Moved: Connor Terry Seconded: Matt Minnig Vote: ayes – Terry, Minnig, Jung, Ritter and Sallinger, unanimous. C. Discuss meeting schedule for 2026 Mr. Moseley went through the calendar and suggested moving the October, November and December meetings to the second Tuesday of the month due to early voting and the holidays; the Board agreed. ZBA 2025-11-24 (Files 12/1) Pg. 9 There are no items for the December meeting and therefore it is canceled. The meeting was adjourned upon a motion and a second, unanimous. Submitted by Paulette Rosa, Town Clerk