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Home My WebLink AboutZBA Minutes 1988-09-26 FLED TOWN OF ITHACA Date Clerk • TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 26 , 1988 An adjourned meeting ( from September 14 , 1988 ) of the Town of Ithaca Zoning Board of Appeals was held on September 26 , 1988 in Town Hall , 126 East Seneca Street , Ithaca , New York , at 11 : 00 a . m . PRESENT : Chairman Henry Aron , Edward King , Joan Reuning , Edward Austen , and Town Attorney John C . Barney , ALSO PRESENT : John A . Kiefer , Cornell University , Chairman Aron declared the public meeting duly opened at 11 : 00 a . m . and stated that all posting and publication and service by mail of the Public Hearing had been completed and that proper affidavits of same were in order , The first and only item on the Agenda for consideration was as follows : APPEAL OF CORNELL UNIVERSITY , APPELLANT , HENRY E . DONEY , DIRECTOR OF ENGINEERING AND FACILITIES , AGENT , REQUESTING SPECIAL APPROVAL , PURSUANT TO ARTICLE V , SECTION 18 , PARAGRAPH 4 , OF THE TOWN OF ITHACA • ZONING ORDINANCE , OF THE PROPOSED CONSTRUCTION OF A NEW ELECTRIC SUBSTATION , RELATED EQUIPMENT , AND TWO NEW SERVICE LINES NEAR THE EXISTING NYSEG EAST ITHACA SUBSTATION , PROPOSED TO BE LOCATED NORTH OF MAPLE AVENUE , ON TOWN OF ITHACA TAX PARCEL NO . 6 - 63 - 1 - 5 , RESIDENCE DISTRICT R- 30 . Chairman Aron declared the Public Hearing in the above - noted matter duly re - opened at 11 : 00 a . m . and read aloud from the Notice of Public Hearing as posted and published iand as noted above , Chairman Aron stated that during discussion of this matter at the September 14 , 1988 Zoning Board of Appeals meeting , it was noted that an incorrect tax parcel number had been given , therefore , the meeting was adjourned until such time that corrected notices and information was disseminated , Mr . John A . Kiefer , -a representative of Cornell University was present , Mr . Kiefer had voiced his opinions at the prior meeting in September and at this time chose not to reiterate , There being no one present to speak for or against the matter , Chairman Aron declared the Public Hearing duly closed , Mr . King noted that the Notice of Public Hearing , as published in the Ithaca Journal , stated the time of the Hearing to be at 11 : 00 a . m . and also stated the time of the Hearing to be at 7 : 00 p . m . • Attorney Barney indicated that , since no one had appeared at the prior Hearing on September 14 , 1988 , in this matter , either in support Zoning Board of Appeals - 2 - September 26 , 1988 • or against , and it appeared that no one wished to appear at this Hearing , it would be appropriate to continue and adopt a resolution contingent upon whether anyone appears on the matter at the 7 : 00 p . m . Codes and Ordinances Committee meeting tonight . With regard to the requested Special Approval , a MOTION was made by Mr . Edward Austen contingent upon ,; no one appearing at the 7 : 00 p . m . Codes and Ordinances Committee meeting . WHEREAS , this Board finds the following . ( a ) The health , safety , morals and general welfare of the community in harmony with ' the general purpose of this ordinance are promoted . ( b ) The premises are "reasonably adapted to the proposed use , and that such use will fill a neighborhood or community need . ( c ) The proposed use ; and the location and design of the improvements are consistent with the character of the district in which it is located . ( d ) The proposed use , is not detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring • inhabitants . ( e ) Thero osed access an p p d egress for all structures and uses are safely designed .( f ) The existing and probable future character of the neighborhood will not be adversely affected . ( g ) The proposed change is in accordance with a comprehensive plan of development of the Town.. 11 ( h ) No one appeared in opposition to this Appeal . ( i ) There is a need for the proposed facility in the proposed location , the correct tax parcel number of said premises being 6 - 63 - 1 - 5 . ( j ) The general effect of the proposed use upon the community as a whole , including such items as traffic load upon public streets and load upon water and sewerage systems , is not detrimental to the health , safety and general welfare of the community . THEREFORE BE IT RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the Special Approval requested by Cornell University for the new electric substation related equipment , and two new service lines , be granted . • Joan Reuning seconded the MOTION . Zoning Board of Appeals - 3 - September 26 , 1988 There being no further discussion , , the Chair called for a vote . Aye - Aron , King , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , Chairman Aron declared the September 26 , 1988 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 11 : 15 a . m . Respectfully submitted , Laura Predmore , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . [ SECRETARY ' S NOTE : At the meeting of the Town of Ithaca Codes and Ordinances Committee held on September 26 , 1988 , • commencing at 7 : 00 p . m . , no one appeared to speak to the matter of the Cornell University Appeal with respect to the construction of a new electric substation , related equipment , and two new service lines . ( N . M . F . , 9 % 27 / 88 ) ] APPROVED . I 0 0 Henry Aron , Chairman , ! Town of Ithaca Zoning " Board of Appeals' . • AYFIDAV17 Of PUSUCA71OR THE ITHACAI JOURNAL Gail Sullins ---- — -- - _ ........ . . . ...... . _ . .. . . . .. . . . .. . . . . . being du2 � r><•orn, deposes TOWN OF ITHACA ZONING and says , thLt he resides in Ithaca, County and state aforesaid and OOFARD PUBLLIIC HEARING, NOTICE HEARING, SEPTEMBER 26, 1988,: i fiat be u = -` _ 11 :00 A. M. ;- 3 tat C7C B direction of the Chairman ' TIM hs�.0 joc*R>; wi 8 1bLc Tb of the Zoning Board of Ap- peals peals NOTICE IS HEREBY. ; Of T g K-spaper printed and pu ).fished GIVEN that a Public Hearing '; will be held by the Zoning Board of Appeals of the Town i Ithaca tfarcsaid, and that 4 Dotice , of Nv� 19 bet 26, icb the annexed is a true of Ithaca 19 Monday, 88, ' i,n Townn HHallall - 126 East Seneca Street, (FIRST w Copy, WaS publisbed in Said paper FloorREAR Entrance, , WEST .Copy, Side );"'Ithaca, N. Y. COM- MENCING AT . 11 :00 A. M. , on', the following matter. • - ._.»�. � ._, ..... _ APPEAL of Cornell University;;`; i — — _ — — Appellant, Henry E. Doney, :1j Director of Engineering and :; --•--•—•—•--• --•-----.-... .. . . Facilities, Agent, requesting ',I Special Approval, pursuant to , and that the fist ub11C2t10n o. S21d Article V, Section 18, Par- co Zoning 4, of the Town of Itthe p t DO� Ce w'a5 OL the . .�r ca Zoning Ordinance, of the J proprosed construction of a �? d,E y of new electric substation, re- . . .. . .. 19> L.. •• -• --• •--•• •- • ---•--• . . laced equipment, and two new service lines near the existing NYSEG East Ithaca ' ---••• �t� ��, r Substation, proposed to be lo- cared north of Maple Avenue, . on Town of Ithaca Tax Parcel Subscribed and S' this No. 6-63- 1 -5, Residence Dis a , th] 5 ._.»•.-...».._. ..» & y trict R-30. orn to are me _ . - » Said Zoning Board of Appeals will at said time ppm 8 ' — • •-••"'• '•--- • • lg�- � said place, hear alll persons in support of such matters or ob- jections thereto. Persons may .»__.... appear by agent or in person . — » ••.• - Andrew S. Frost JEAN FORD Katy y Pub • Building Inspector-Zoning En- forcement Officer Notary Public; State of New York Town of Ithaca 273- 1747 No. ' 4654410 September 21 , 1988 Qualified in Tompkins County Commission expires May '31, 15? _