HomeMy WebLinkAboutZBA Minutes 2026-05-26ZBA 2026-05-26 (Filed 6/8) Pg. 1
MEETING OF THE TOWN OF ITHACA
Zoning Board of Appeals
May 26, 2026
Minutes
Present: Connor Terry Chair; Larry Sallinger and Stuart Friedman Absent: Kim Rittter,
Matthew Minnig, and Barry Segal
Marty Moseley, Director of Codes; Ashley Colbert, Deputy Town Clerk; Chris Balestra, Senior
Planner and Susan Brock, Attorney for the Town
Mr. Terry opened the meeting at 6:03 p.m.
ZBAA-26-6 Appeal of Cornell University, Owner, 320 Caldwell Rd. Low-Density
Residential District Zone Tax Parcel 67.-1-8, Todd Bittner, Agent, seeking relief from Town of
Ithaca Code sections 270-254 (Residential and Conservation Zones) and 270-219.5 E and F
(Stream setback). Town of Ithaca Code section 270-254 limits signs to 16 square feet of
aggregate area and limits the maximum freestanding sign height to 6 feet, where the applicant is
proposing to exceed the aggregate sign area and exceed the maximum height for free standing
signs. Town of Ithaca Code section 270-219.5 E. and F. does not allow a sign structure to be
placed in zone 1 or zone 2 of the Town of Ithaca stream setback area, where the applicant is
proposing to install a sign structure in the Town of Ithaca stream setback area. The property is
currently located in the
Mr. Bittner gave an overview of the importance and need for the bloom board and interpretive
sign. The Botanic Gardens hosts over 750,000 visitors annually. They are looking to place the
signs in the Mundy Wildflower Garden near the parking lot and trail system, which is the main
visitor entrance. The sign is essential for visitor wayfinding and for educational purposes. The
new signs would consolidate the wayfinding and educational material that is currently scattered
throughout several locations.
Mr. Bittner also explained the significance of the bloom board, where one side of the sign would
continue the tradition that was started in 1964, where staff and volunteers track which plants are
blooming on a weekly basis. Lois Levitan was a long-time volunteer, and the bloom board was
also dedicated to her memory, to honor her commitment to nature education. While the other
side would have the wayfinding and interpretive content
He also noted that the current residential zoning of the area does not account for the institutional
needs, as they are part of Cornell University and in a Low-Density Residential Zone.
Mr. Terry opened the public hearing at 6:17 pm where there was no one wishing to be heard. The
public hearing was closed at 6:18 pm.
Questions
Mr. Friedman asked about it being self-created and how we approach that requirement.
ZBA 2026-05-26 (Filed 6/8) Pg. 2
Mr. Terry responded that in the past they have made the finding that it is self-created in that there
is a desire to have a sign that is outside of the requirements, but it is not self-created in that is a
college that is subject to low residential zoning which doesn’t really apply to a university.
ZBA Resolution ZBAA-26-6 Area Variance –
Sign Height, Area, & Stream Setback Encroachment
320 Caldwell Rd.
TP# 67.-1-8 LDR
Resolved that this Board grants the appeal of Cornell University, owner, 320 Caldwell Rd., TP
67.-1-8 seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservations
Zones) which limits the total sign area to 16’ square feet in aggregate and limits a freestanding
sign height at a maximum of 6’ feet where exceeding both area and height are requested; and
Town of Ithaca Code 270-219.5 E and F which prohibits signs placed in Zones 1 or 2 of the
Stream Setback Area, where the applicant is proposing to install a sign in said setback, with the
following:
Conditions:
1. That the sign be installed substantially as shown on the drawings submitted to the board.
Findings:
That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of
the community, specifically
1. That the benefit that the applicant wishes to achieve cannot be achieved by any other means
feasible given that the sign needs to be large enough and tall enough to contain the
information necessary for the sign to be effective in assisting and directing the public in this
public garden; the requested placement is as close to the parking area as possible while
maintaining a safe distance from vehicles moving and parking in the area; the information on
the requested sign is similar to that of other signs in the garden and would orient visitor
parking at this lot similar to that in other lots; and
2. That there will not be an undesirable change in the neighborhood character or detriment to
nearby properties given that the location is surrounded by other Botanical Garden property
and therefore would be consistent in character and is very similar to signage used in similar
public facilities and there are other existing structures within the stream setback; and
3. That the request is substantial given that the approved sign area is approximately 33.3’ sqft
where 16’ sqft is allowed, and the encroachment into the stream set back is approximately
28’ into the required 100’ foot setback, but the disturbance to the land is minimal for the
posts, and the request is not substantial as to the height were the approved sign is
approximately 6.6’ feet where 6’ feet is the maximum, and
ZBA 2026-05-26 (Filed 6/8) Pg. 3
4. The request will not have adverse physical or environmental effects as evidence by the fact
that this is a Type 2 action under the Town’s Type 2 SEQR list of exempted review, but
nevertheless, the ground disturbance is minimal, and the signs fit the existing area and use,
and
5. That while the alleged difficulty is not self-created in regard to the area and height as the
University is in a low-density residential zone because there is no “institutional” zoning as of yet
that would more aptly apply to a college setting and that the alleged difficulty is self-created in
regard to the Stream Setback encroachment.
Moved: Connor Terry Seconded: Stuart Friedman
Vote: ayes – Terry, Friedman, Sallinger
Other Business
Mr. Moseley noted that there is a conflict with the scheduled July meeting. Discussion followed
and the meeting scheduled for July 28, 2026 was canceled/moved to August 11, 2026, if there
was any business requiring a meeting; unanimous.
The meeting was adjourned upon a motion and a second; unanimous.
Submitted by
Ashley Colbert, Deputy Town Clerk