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HomeMy WebLinkAboutZBA Minutes 1992-04-08 FILED TOWN OF ITHACA Date TOWN OF ITHACA E ZONING BOARD OF APPEALS ! Cler APRIL 8 , 1992 THE FOLLOWING MATTERS WERE HEARD ON APRIL 8 , 1992 BY THE BOARD : APPEAL OF THOMAS AND CINDY BESEMER , APPELLANTS , MARIANNE W . YOUNG , AGENT , KENNETH ASH AND HOWARD FULLER , OWNERS ', REQUESTING A SPECIAL PERMIT FROM THE BOARD OF APPEALS UNDER ARTICLE , III , SECTION 4 , PARAGRAPH 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO MAINTAIN THE OCCUPANCY OF AN EXISTING TWO - FAMILY HOME BY SIX UNRELATED PERSONS ( THREE UNRELATED PERSONS IN EACH DWELLING UNIT ) LOCATED AT 248 - 250 PENNSYLVANIA AVENUE , TOWN OF ITHACA TAX PARCEL N0 . 6 - 54 - 7 - 20 , RESIDENCE DISTRICT R - 9 . WITHOUT SPECIAL PERMIT , OCCUPANCY IS LIMITED TO TWO UNRELATED PERSONS IN EACH DWELLING UNIT . GRANTED WITH CONDITION . APPEAL OF DONALD ROYCE - ROLL , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V . SECTION 18 , PARAGRAPH 10 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE WITH AN EXTERIOR BUILDING HEIGHT OF APPROXIMATELY 34 - 35 FEET ( 30 FEET BEING THE MAXIMUM HEIGHT ALLOWED ) , SAID RESIDENCE IS PROPOSED TO BE LOCATED AT 1427 MECKLENBURG ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 28 - 1 - 6 . 2 , AGRICULTURAL DISTRICT ( R - 30 REGULATIONS APPLY ) . GRANTED . APPEAL OF CORNELL UNIVERSITY , APPELLANT , JOHN A . KIEFER AND ROBERT CHIANG ? AGENTS , REQUESTING THE SPECIAL APPROVAL OF THE BOARD OF APPEALS UNDER ARTICLE XIII , SECTION 70 , OF THE TOWN OF ITHACA ZONING ORDINACE , TO PERMIT THE DEPOSIT OF MORE THAN 2 , 500 CUBIC . YARDS OF EARTH FILL ( UP TO APPROXIMATELY 38 , 000 CUBIC YARDS ) ON CORNELL UNIVERSITY LANDS , KNOWN AS SOUTHEAST PRECINCT , LOCATED OFF NYS RTE . 366 AND GAME FARM ROAD , TOWN OF ITHACA TAX PARCELS NO . 6 - 64 - 1 - 1 AND - 2 , RESIDENCE DISTRICT R - 30 , GRANTED WITH CONDITIONS . APPEAL OF CORNELL UNIVERSITY , APPELLANT , HENRY E . DONEY , AGENT , REQUESTING THE AUTHORIZATION OF THE BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE ENLARGING OF THE EXISTING , NON - CONFORMING CORNELL UNIVERSITY CENTRAL HEATING PLANT BUILDING LOCATED ON NYS RTE . 366 , TOWN OF ITHACA TAX PARCELS NO . 6 - 63 - 1 - 8 . 1 AND - 8 . 2 , LIGHT INDUSTRIAL DISTRICT . SAID BUILDING IS NON - CONFORMING IN THAT IT HAS AN EXTERIOR BUILDING HEIGHT OF APPROXIMATELY 46 FEET , WHEREAS 25 FEET IS THE MAXIMUM HEIGHT ALLOWED . GRANTED . Town of Ithaca FDate LED 1 Zoning Board of Appeals OF ITHACA April 8 , 1992 • TOWNOF ITHACA Cler ZONING BOARD OF APPEALS APRIL 8 , 1992 PRESENT : Vice Chairman Robert Hines , Edward King , Pete Scala , Joan Reuning , Zoning Enforcement Officer / Building Inspector Andrew Frost , Town Attorney Randall Marcus . ABSENT : Chairman Edward Austen , OTHERS : Edward C . Hooks , Esq . , Donald Royce - Roll , Tom Botsford , Thomas Besemer , Cindy Besemer , Bob Shaw , Ken Ash , Howard Fuller , Jim Adams , Larry Fabbroni , Gene Katz , Shirley Egan , Phillip Cox , Vice Chairman Hines called the meeting to order and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were in order . The Vice Chairman changed the order of the cases as published and heard the following Appeal first : APPEAL OF THOMAS AND CINDY BESEMER , APPELLANTS , MARIANNE W . YOUNG , AGENT , KENNETH ASH AND HOWARD FULLER , OWNERS , REQUESTING A SPECIAL PERMIT FROM THE BOARD OF APPEALS UNDER ARTICLE III , SECTION 4 , PARAGRAPH 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO MAINTAIN THE OCCUPANCY OF AN EXISTING TWO - FAMILY HOME BY SIX UNRELATED PERSONS ( THREE UNRELATED PERSONS IN EACH DWELLING UNIT ) LOCATED AT 248 - 250 PENNSYLVANIA AVENUE , TOWN OF ITHACA TAX PARCEL NO . 6 - 54 - 7 - 20 , RESIDENCE DISTRICT R - 9 . WITHOUT SPECIAL PERMIT , OCCUPANCY IS LIMITED TO TWO UNRELATED PERSONS IN EACH DWELLING UNIT . Vice Chairman Hines requested that the record show that Attorney Edward Hooks was representing Mr . and Mrs . Besemer tonight . Vice Chairman Hines indicated that the previous Appeal on this property was a few years ago [ March 20 , 1985 ] . Vice Chairman Hines opened the public hearing . Attorney Hooks explained that Mr . and Mrs . Besemer are the prospective buyers of 248 Pennsylvania Avenue and Ken Ash and Howard Fuller are the current owners , all of whom were present . Currently there is a lease for six unrelated persons at the property . Attorney Hooks stated that it was his understanding that there have been no problems or complaints during this seven - year time span and they do not anticipate any changes to the residence in any way and they would continue to be good neighbors . Attorney Hooks stated that the agreement between the Besemers and Mr . Ash • and Mr . Fuller is contingent upon this permit being approved . Town of Ithaca 2 Zoning Board of Appeals April 8 , 1992 • Vice Chairman Hines referred to a letter dated April 5 , 1992 , from Tammo Steenhuis , 266 Pennsylvania Avenue , objecting to the request . The referenced letter is attached hereto as Exhibit # 1 . Vice Chairman Hines stated that objections to this request should be dealt with first . Mr . Howard Fuller appeared before the Board and stated that he would respond to the complaints listed in the letter . Mr . Fuller noted that the first issue was speeding traffic , and stated that the house is located on a dead end street , adding that he found it hard to believe that speeding was related to this project . Mr . Fuller explained that of the six occupants , one was a professional working at the Tompkins County Library , two were graduate students , and three were undergraduate students , adding that he has never received a complaint regarding the property . Mr . Frost stated his office has not received any complaints . Vice Chairman Hines asked if anyone from the public was present to object to the Besemer appeal . No one responded . Vice Chairman Hines closed the public hearing . Mrs . Reuning asked Mr . King about the previous appeal on this property . Mr . King explained that the Board , at that time , wanted to encourage the owner to consolidate two legal non - conforming lots • in order to keep more green area around the house , rather than building two separate units , one on each lot . Mr . King noted that the grant was particular to the owner at the time . Mr . King stated that he was presently more inclined to put a limitation , perhaps five years , upon it so that it would come back for review in the future , adding that the Board certainly cannot give a variance to an individual owner and then have the variance disappear when the ownership changes , and further adding that he thought the same ought to be true for this type of permit . Mr . King stated that an owner should be aware that some control must be exercised over the occupants , which are most likely going to be students in that area , adding that the Town has had many complaints from the neighborhood association in the past years about this particular area because of the number of students , indicating that it has become more like a college town at times . Vice Chairman Hines reopened the public hearing for comments . Mr . Fuller stated he did not think five years would be at all appealing to a new buyer . Attorney Hooks stated that this transaction is being financed through a mortgage and the bank requires a 15 - year term . Attorney Hooks noted that this is their security and the five - year time limitation could impact the Besemers ' ability to have the mortgage go through . Vice Chairman Hines reclosed the public hearing . Town of Ithaca 3 Zoning Board of Appeals April 8 , 1992 • Environmental Assessment MOTION By Mr . Edward King , seconded by Mr . Pete Scala . RESOLVED , that , in the matter of the Appeal of Thomas and Cindy Besemer , requesting a Special Permit from the Board of Appeals under Article III , Section 4 , Paragraph 2 , Sub - paragraph 2b , of the Town of Ithaca Zoning Ordinance , to maintain the occupancy of an existing two - family home by six unrelated persons ( three unrelated persons in each dwelling unit ) located at 248 - 250 Pennsylvania Avenue , Town of Ithaca Tax Parcel No . 6 - 54 - 7 - 20 , Residence District R - 9 , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance . A vote on the motion resulted as follows : Ayes - Reuning , King , Scala , Hines . Nays - None . The Motion carried unanimously . MOTION • By Mr . Edward King , seconded by Mr . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and determine and hereby does find and determine that the Special Permit granted to Kenneth Ash and Howard Fuller , owners of the subject property , 248 - 250 Pennsylvania Avenue , Tax Parcel No . 6 - 54 - 7 - 20 , permitting three unrelated persons to occupy each of the two dwelling units therein , be permitted to continue for a period of five years , said permit to run with the property , not the particular owner of it , upon finding that such occupation generally comports with the health , safety , morals and general welfare of the community and will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property , particularly in view of the fact that the five - year limitation gives this Board of Appeals the opportunity to review the Special Permit at the end of the five - year period , and gives the owner of the property an opportunity to request a renewal of the permit before the five years has expired and , rather than making it exactly a five - year expiration , said permit is to expire on June 30 , 1997 which would take it to approximately the end of the school year . • Town of Ithaca 4 Zoning Board of Appeals April S . 1992 By way of discussion , Vice Chairman Hines stated that the Zoning Board of Appeals ' jurisdiction to grant or deny the subject permit is conditioned on the findings under Section 77 , which are certainly amply met by the facts in this case , and unless there were a serious or adverse change in the situation as it exists , the permit would likely be renewed and would likely be continued to be renewed , adding that Section 77 findings are not likely to be different five years from now , unless something really radical changes . Mr . King suggested the permit be subject to revocation should the use of the property grow to be in violation of the Section 77 criteria . Mr . Hines suggested amending the resolution . MOTION By Mr . Edward King , seconded by Mr . Pete Scala RESOLVED , that the Town of Ithaca Zoning Board of Appeals amend its resolution to provide that the continuation of the Special Permit granted for this property under Article III , Section 4 , Paragraph 2 , Sub - paragraph 2b , will not have any time limitation on it , but that it is granted subject to the condition that the permission may be revoked any time , after Notice and public hearing , if any provision of the Town laws or any law concerning noise or any other law which would impinge upon the general amenities of the neighborhood which the criteria of Section 77 , Paragraph 7 , of the Town of Ithaca Zoning Ordinance seek to protect , and , if in violation , the owner can be called upon to explain satisfactorily or have the permission revoked . A vote on the Motion to amend resulted as follows : Ayes - Reuning , Scala , King , Hines Nays — None . The Motion carried unanimously . A vote on the entire Motion , as amended , resulted as follows : Ayes - Reuning , Scala , King , Hines . Nays - None . The Motion carried unanimously . Town of Ithaca 5 Zoning Board of Appeals April 8 , 1992 Vice Chairman Hines explained to the Appellants that they have been granted a permit without time limitations but subject to being called back before the Board , on Notice , to determine whether the permit should be revoked for any violation of the zoning laws including the general conditions under which the Board continued the Special Permit tonight . Attorney Hooks asked about claimed violations and what the policy will be in handling alleged violations . Mr . Frost explained that violations would be handled through his office , under the same process as anyone else ' s , adding that normally , unless it was very serious , probably warning and circumstances , and further adding that he would cite the owners , but after three times more serious action is considered . Mr . King suggested that the new property owners have strong rules for their tenants and see that they are enforced to the extent that they are going to enforce them . The next Appeal to be heard . by the Board was the following : APPEAL OF DONALD ROYCE - ROLL , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V . SECTION 18 , PARAGRAPH 10 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE WITH AN EXTERIOR BUILDING HEIGHT OF APPROXIMATELY 34 - 35 FEET ( 30 FEET BEING THE MAXIMUM HEIGHT ALLOWED ) . SAID RESIDENCE IS PROPOSED TO BE LOCATED AT 1427 MECKLENBURG ROAD , TOWN OF ITHACA TAX PARCEL N0 . 6 - 28 - 1 - 6 . 2 , AGRICULTURAL DISTRICT ( R - 30 REGULATIONS APPLY ) . Mr . Donald Royce - Roll appeared before the Board and explained the design and zoning considerations for the proposed home construction at 1427 Mecklenburg Road . Mr . Royce - Roll stated that because of the natural grade of the land and the existence of Mecklenburg Road , the building site and house design would best be as far away from the noise of Mecklenburg Road , which forms the north boundary of the property . This would take advantage of the secluded wooded lot and views of streams that run through the property on the south and east , and would fit the house into the existing grade of the south sloping hill for these views and for the solar heat and light . Mr . Royce - Roll explained the site lends itself to a walk - out basement design with little disturbance to the environment - the natural grade drops about eight feet from the planned north and south sides of the house . Mr . Royce - Roll further explained the house is designed for maximum use of glass on the south - - toward the sun and the views . Mr . Royce - Roll stated that the first floor Town of Ithaca 6 Zoning Board of Appeals April 8 , 1992 deck only continues 2 / 3 across the south to insure light to the walk - out basement ' s large south window . Mr . Royce - Roll also stated that the walk - out door would provide easy access to the slate patio , lawn , streams , and garden and this door would have a large glass area to also provide natural light into the basement . Mr . Royce - Roll stated the 30 - foot exterior height limitation would not allow for the design outlined above , as the threshold of the walk - out basement door to the top of the roof measures 34 feet and , in order to construct the house under 30 feet , earth would have to be banked to the height of four feet on the south side of the house , which would eliminate the walk - out door and decrease the clear window area to less than 70 percent of the original . Mr . Royce - Roll further stated that the earth bank would also eliminate the slate patio . Mr . Royce - Roll proposed such a design would change the characteristics of the naturally existing gentle slope by introducing an artificially steep slope in front of the house . Mr . Royce - Roll also proposed in addition that the environment of the basement would be dramatically changed from a well lit , easily accessible , above - grade room to a dark , difficult entry sub - grade space with a steel hatch - way door . Mr . Royce - Roll explained that the south side of the house , which measures 34 feet in height , faces a valley within the owner ' s property lines and the north side of the house , which measures approximately 27 feet in height , faces Mecklenburg Road this is the only angle the public / passerby would have of the house . Mr . Royce - Roll stated that the house is to be built in secluded woods nearly in the center of a large lot ( 1 . 82 acres ) and the character of the neighborhood is not one of dense development , but is of rural nature . Mr . Royce - Roll further stated the east and west neighbors will not be able to see the south side of the structure and the south neighbor will see only a portion of the house ' s south side at a distance of approximately 370 feet . Mr . Royce - Roll also stated that all three neighbors unanimously have stated that they have no objections to the proposed building height of 34 feet . Mr . Royce - Roll showed the Board the supporting letters from the three neighbors , attached hereto as Exhibits # 2 , # 3 , and # 4 . Mr . Royce - Roll explained that the structure is to be built approximately 147 feet downhill from the public road and will not be out of character with the intent of the zoning regulation and the north side of the house that faces the public road is below the 30 - foot limitation . Town of Ithaca 7 Zoning Board of Appeals April 8 , 1992 Environmental Assessment MOTION By Mrs . Joan Reuning , seconded by Mr . Pete Scala : RESOLVED , that , in the matter of the Appeal of Donald Royce - Roll requesting a variance from the requirements of Article V , Section 18 , Paragraph 10 , of the Town of Ithaca Zoning Ordinance , to permit the construction of a single - family residence with an exterior building height of approximately 34 - 35 feet to be located at 1427 Mecklenburg Road , Town of Ithaca Tax Parcel No . 6 - 28 - 1 - 6 . 2 , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance . A vote on the Motion resulted as follows : Ayes - Reuning , King , Scala , Hines . Nays - None . The Motion carried unanimously . MOTION By Mrs . Joan Reuning , seconded by Mr . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance to permit the construction of a single - family residence with a building height of 35 feet , to be located at 1427 Mecklenburg Road , Town of Ithaca Tax Parcel No . 6 - 28 - 1 - 6 . 2 , Agricultural District . A vote on the motion resulted as follows : Ayes - Reuning , King , Scala , Hines . Nays - None . The next Appeal to be heard by the Board was the following : APPEAL OF CORNELL UNIVERSITY , APPELLANT , JOHN A . KIEFER AND ROBERT CHIANG , AGENTS , REQUESTING THE SPECIAL APPROVAL OF THE BOARD OF APPEALS UNDER ARTICLE % III , SECTION 70 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE DEPOSIT OF MORE THAN 2 , 500 CUBIC YARDS OF EARTH FILL ( UP TO APPROXIMATELY 38 , 000 CUBIC YARDS ) ON CORNELL UNIVERSITY LANDS , KNOWN AS THE SOUTHEAST PRECINCT , LOCATED OFF NYS RTE . 366 AND GAME FARM ROAD , TOWN OF ITHACA TAX PARCELS NO . 6 - 64 - 1 - 1 AND - 2 , RESIDENCE DISTRICT R - 30 . Town of Ithaca 8 Zoning Board of Appeals April 8 , 1992 Mr . Lawrence Fabbroni , representing Cornell University , explained to the Board where the fill is going to be located , the distance between the existing buildings and the fill , and where the roads will be located . Mr . Fabbroni showed the Board , through photos , where Cornell had cleaned up certain areas prior to putting in the fill to cap the areas off . Mr . Fabbroni also showed the Board certain areas west of the library annex where this had been completed last fall and where he is expecting to see the seed coming up in approximately four weeks . Mr . Fabbroni stated that approximately 38 , 000 cubic yards of fill material is intended to be brought in for all these purposes . Mr . Fabbroni explained that Mr . Dan Walker , Town Engineer , at the Planning Board meeting last night had requested additional materials on seed mixes , culvert specifications , and temporary erosion control dikes that would be constructed , many of which are already in place . Mr . Fabbroni stated that he had given him that information earlier in the day and he did not know if the Board had received that information . Mr . Pete Scala mentioned that this is an area that is getting attention with connection to steep slopes and wondered if Mr . Fabbroni was going to make provisions as far as affecting drainage . Mr . Fabbroni stated that silt dams were going to be put up until they have established the growth . Mr . Fabbroni further stated that the area that is going to be filled is up on a plateau and Cornell does not intend to fill over onto the existing banks that have crown vetch and other things established on them already . Mr . Scala wondered if most of these areas were not covered by water shed restrictions . Mr . Fabbroni responded that Cascadilla Creek is under the flood plain , but other than that , Cornell has identified a number of wet lands as part of a larger study which will be coming to the Planning Board in a month or two , but as far as a watershed protection , Mr . Fabbroni was not aware of any . Mr . Frost explained that this did not apply to Cascadilla Creek . Mr . Fabbroni stated his presentation was completed and asked the Board if they had any questions . Mr . King stated that he had noticed that this general area is the subject of an environmental impact study being currently developed . Mr . Fabbroni stated that Cornell is preparing a generic environmental impact statement for this entire area that is bounded roughly by Rte . 366 , Game Farm Road , and Cascadilla Creek . In addition to that , the Town Board has asked Cornell University to include its lands all the way up to Snyder Hill Road and over to where the pole barn is . Mr . Fabbroni further stated that in that Town of Ithaca 9 Zoning Board of Appeals April 8 , 1992 study , although Cornell ' s plans are a lot more scattered in the remaining area , this is the area ( the two parcels on the appeal ) which will be intensely studied . Mr . Fabbroni also stated that this study is the tip of the iceberg and minuscule compared to the future study . Mr . Fabbroni also explained that the project does not affect any active land use areas ; it is an area that Cornell is attempting to reclaim , more than set up for active development . Mr . Fabbroni further explained that this area would develop some access to the warehouses that are sort of a concept in that over - all zone . Mr . Fabbroni stated that Cornell is asking for a special land use district to be established for what is now the orchards and warehouse area bounded by Game Farm Road . Mr . King asked about the sewer line . Mr . Fabbroni stated that the sewer line is very close to being operational and would serve all of these buildings that were and still are on private systems . Mr . Fabbroni further stated that there is a gravity sewer in the ground and all that is missing is the pump station ; it would also deactivate the pond as a treatment . Mr . Fabbroni stated that there is a campus - wide attempt to get a lot of these individual systems off private sewer systems and on public sewer ; that is how that all came about ; these buildings would be sewered under the same program . Mr . King asked what , if any , of the buildings in . this general project area were not connected to the public sanitary sewer . Mr . Fabbroni showed Mr . King on the map a building that is not connected due to the fact that the gravity lines come only so far and there is a force main that would connect to that . Mr . Fabbroni stated that the only piece missing is about 15 feet of gravity sewer , pump station , and about 10 feet of force main , and then all of these buildings can be connected to the existing gravity sewer which was put in last summer . Mr . King asked when they expected those will be connected to the sanitary sewer . Mr . Fabbroni responded , within the next three months . Mr . King asked if this was part of the fill project . Mr . Fabbroni said that it was not part of the fill project , but is part of the sewer remediation project that Cornell ' s been doing with the DEC for about three years now ; it is the last phase of five pretty expensive phases . Vice Chairman Hines asked when the Vet School construction was supposed to start . Mr . Fabbroni responded that it had already started with a few quirks , adding that the Vet School had started setting up fences and things about two or three weeks ago and are in operation already . Town of Ithaca 10 Zoning Board of Appeals April 8 , 1992 • Mr . Scala asked if there were any restrictions to the granting of this Special Approval . Mr . Frost responded that there were not , but that they should take note of the adopted resolution from the Planning Board , and specifically with regard to the long environmental assessment form prepared by Town Engineer Daniel Walker . [ Planning Board Resolution of April 7 , 1992 , attached hereto as Exhibit # 5 . ] Vice Chairman Hines opened the public hearing . No one appeared before the Board . Vice Chairman Hines closed the public hearing . Vice Chairman Hines stated the first order of business was the environmental assessment determination which has been presented to the Board as lead agency , noting that there is a recommendation from the Town staff and the Planning Board . Environmental Assessment MOTION By Mr . Edward King , seconded by Mr . Pete Scala : RESOLVED , that , in the matter of the Appeal of Cornell University , requesting the Special Approval of the Board of Appeals under Article XIII , Section 70 , of the Town of Ithaca Zoning Ordinance , to permit the deposit of more than 2 , 500 cubic yards of earth fill ( up to approximately 38 , 000 cubic yards ) on Cornell University lands , known as the Southeast Precinct , located off NYS Rte . 366 and Game Farm Road , Town of Ithaca Tax Parcels No . 6 - 64 - 1 - 1 and - 2 , Residence District R - 30 , the Town of Ithaca Zoning Board of Appeals n) ake and hereby does make a negative declaration of environmental significance . Vice Chairman Hines stated that the record will include the Planning Board resolution entitled Cornell Southeast Precinct Earth Fill , dated April 7 , 1992 , the complete long environmental assessment form , and the comments and determinations made by the Town of Ithaca engineering and planning staff , as part of the file on this matter . Vice Chairman Hines asked if there were any further discussion . There was none . A vote on the Motion resulted as follows : Ayes - King , Hines , Reuning , Scala . Nays - None . The Motion carried unanimously . Town of Ithaca 11 • Zoning Board of Appeals April 8 , 1992 Vice Chairman Hines stated that the Board is now at the core issue with respect to the granting to Cornell University of a Special Approval under Article XIII , Section 70 , of the Town of Ithaca Zoning Ordinance , as amended , to permit the deposit of approximately 38 , 000 cubic yards of fill on premises described and designated in the application , being somewhere west of Game Farm Road and south of Route 366 on Tax Parcels known as # 6 - 64 - 1 - 1 , and - 2 , located in a Residence R - 30 District . Mr . Scala stated that there has been referencing of earth fill , but that there was obviously a lot more than earth fill that is going in here , adding that Mr . Fabbroni has mentioned something about bricks , for example . Mr . Fabbroni answered no ; what he meant to say was that Cornell cleaned up that area from those materials . Mr . Fabbroni stated that the material being talked about is 99 . 9 % fill . Mr . Fabbroni further stated that he could not tell the Board that there will not be a few chunks of concrete , but it will all be what is considered clean fill by the State at this point . Vice Chairman Hines stated that he would assume that in the Board ' s findings and its resolution , one of the findings will be that the source of the fill is contemplated to be wholly or predominantly from the Veterinary Hospital excavation . Mr . Fabbroni stated that as long as it is stated predominantly . MOTION By Mr . Pete Scala , seconded by Mrs . Joan Reuning : RESOLVED , that , the Town of Ithaca Zoning Board of Appeals grant a permit to Cornell University to permit the deposit of approximately 38 , 000 cubic yards of earth fill on the University lands known as the Southeast Precinct located off NYS Route 366 and Game Farm Road , Parcels No . 6 - 64 - 1 - 1 , - 2 , Residence District R - 30 , conditional upon the following : 1 . Submission to and approval by the Town Engineer of a construction sequence plan including topsoil stockpile locations and specific erosion control measures and proposed fill schedule prior to the start of construction . 2 . Submission to and approval by the Town Engineer of construction details and specifications for drainage structures and culverts prior to the start of construction . 3 . Submission to and approval by the Town Engineer of a vegetative treatment specification and schedule prior to the start of construction . Town of Ithaca 12 Zoning Board of Appeals April 8 , 1992 AND FURTHER RESOLVED , that , this Board finds that the Town Engineer has reviewed this plan and advised this Board and the Planning Board that in his professional opinion , the plan adequately protects the property and surrounding properties from significant adverse consequences of such deposit of material , including a completed Part 2 of the EAF having to do with Project Impacts and their magnitude . AND FURTHER RESOLVED , that , this Board finds that the Planning Board has reviewed this project and has recommended the grant of the permit subject to the conditions set forth by the Town Engineer and as stated above in number 1 , 2 , and 3 . Vice Chairman Hines asked if there were any further discussion . There was none . A vote on the Motion resulted as follows : Ayes - Reuning , Hines , King , Scala . Nays - None . The Motion carried unanimously . The last Appeal to be heard by the Board was the following : APPEAL OF CORNELL UNIVERSITY , APPELLANT , HENRY E . DONEY , AGENT , REQUESTING THE AUTHORIZATION OF THE BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE ENLARGING OF THE EXISTING , NON - CONFORMING CORNELL UNIVERSITY CENTRAL HEATING PLANT BUILDING LOCATED ON NYS RTE . 366 , TOWN OF ITHACA TAX PARCELS NO . 6 - 63 - 1 - 8 . 1 AND - 8 . 2 , LIGHT INDUSTRIAL DISTRICT . SAID BUILDING IS NON - CONFORMING IN THAT IT HAS AN EXTERIOR BUILDING HEIGHT OF APPROXIMATELY 46 FEET , WHEREAS 25 FEET IS THE MAXIMUM HEIGHT ALLOWED . Vice Chairman Hines explained that the permit is required because the building is currently nonconforming , although the extension and plan change appear to be below the height requirements . Vice Chairman Hines stated that the applicant has to get permission because the building itself is non - conforming . Ms . Shirley Egan stated that she thought the addition is over the 25 feet too . Mr . Frost stated that the proposed addition was over 25 feet . Ms . Egan stated that the addition will be lower than the present building , but over the height requirement of 25 feet . Mr . Scala stated it was an extension of the present building , which means that they will take walls down and put walls up . Town of Ithaca 13 • Zoning Board of Appeals April 8 , 1992 Vice Chairman Hines spoke of the photographs which Andrew Frost took of the heating plant . Mr . Frost said that Cornell ' s xerox copies of photographs were much better . [ See attachments marked Exhibits # 6 , # 7 , and # 8 ] . Vice Chairman Hines asked the applicant if the copies were a fair representation of the area under discussion . Mr . James Adams answered that they certainly were . Mr . Phillip Cox identified himself as being with Facilities Engineering at Cornell University and with him that evening was James Adams , the Senior Utilities Engineer , who also manages the Central Heating Plant , adding that Ms . Shirley Egan from the Counsel ' s Office was also present . Mr . Cox explained that what brings Cornell here this evening is that boilers # 6 and # 7 in the Central Heating Plant are about to be replaced . Mr . Cox described the location of the Central Heating Plant . on Rte 366 , noting where the old polo arena had been and one of the Chilled Water Plants . Mr . Cox further described the area in question in the back of the building . Mr . Cox stated that the two boilers to be replaced were • installed in 1969 as package units ; they are now a high maintenance problem and their reliability is somewhat questionable . Mr . Cox stated that the present units are rated at 110 , 000 pounds per hour of steam production ; replacement units will be 110 , 000 pounds per hour of steam production and the only difference is the present units produce steam at 200 pounds per square inch and the replacement units will produce steam at 400 pounds per square inch , which will then be consistent with some equipment installed in the plant in 1986 . Mr . Scala said he understood they were taking out # 6 and # 7 and putting in # 8 . Mr . Cox said no , they were taking out # 6 and # 7 and putting in new # 6 and # 7 . Mr . Cox explained that they are going to have to remove the wall just to demolish the present units . Referring to the photographs , Mr . Cox noted a shot of the heating plant from Rte . 366 looking back toward the plant ( Exhibit # 8 ) , and the same area back in the corner , not visible from Rte . 366 or really anywhere else off the property ( Exhibit # 6 ) , and an earlier rendition from the engineer depicting how that area would be filled in with the addition ( Exhibit # 7 ) . Mr . Cox stated that the addition is needed because the new units are slightly larger than the old units and they are that way because the new higher efficiency burn capability does have some • ancillary equipment attached to it . Mr . Cox also stated that that brings us then to the need , once the wall is demolished in order to take out the old units , to expand it slightly to accommodate boilers # 6 and # 7 . Town of Ithaca 14 • Zoning Board of Appeals April 8 , 1992 Mr . Cox stated that they would like to extend the footprint 12 x 34 feet using an existing foundation that was presumably there when the plant was built in 1929 . Mr . Cox further stated that the area is going to be pretty well hidden from the public view , and , as depicted in the rendering , there will be arch shaped windows that will be slightly different from those existing but will mimic other windows around the building that can be seen in the other photographs . Mr . Scala asked if they were blow out walls . Mr . Adams answered that the walls that are there are nothing but piles of brick , from 1922 on the old building . Mr . Cox explained that they were here tonight seeking to extend a non - conforming building with a height exceeding the limits in a light industrial district . Mr . Cox also explained that the addition proposed here is approximately 43 feet in height . Mr . Cox stated that either he or Mr . Adams would be happy to respond to the Board ' s questions . Mr . Adams stated that he thought they ended up with 46 feet in height , as Mr . Frost and he had had a discussion about that on the phone . Vice Chairman Hines responded that the application indicated 46 feet . Mr . King asked about the existing top portion of the building . Mr . Adams responded that there is some siding that is coming off on the top part of there right now . Mr . Adams also stated that the new building will come out and match " this " wall [ indicating ] . Mr . Adams further stated that this retaining wall is going to be cut down so that it is about 3 1 / 2 feet above grade so it just looks like a retaining wall instead of being high , adding that the railroad used to dump coal against the back side of the building , that is the reason for that , but since the rail is no longer in there , it is not needed anymore . Mr . King wondered if the addition will exceed the height noted upon construction . Mr . Cox answered no ; there will not be much unlike what is depicted in the sketch ( Exhibit # 7 ) ; it will be shorter than the adjacent building . Mr . Cox offered to display the construction plans , noting that , essentially , it is going to come up to a height less than that existing . Mr . Scala asked when the boilers will be going in . Mr . Adams stated that they are scheduled for delivery at the end of July . Mr . Cox explained the unfortunate part of the timing is that there was a little trouble scheduling with the Planning Board , so we are a little rushed here because , to pull this project off , we need the boilers on line for the next heating season , thus we would really expect to get underway almost immediately with this project . • Town of Ithaca 15 • Zoning Board of Appeals April 8 , 1992 Mr . Scala reasoned that the only thing the Board is concerned with is the fact that the building is going to be higher than the maximum allowed 25 feet . Mr . Frost answered yes , adding that the new addition is , give or take , somewhere between 43 and 46 feet , perhaps 46 feet ; the height limit is 25 feet . Mr . Frost explained that the whole building is non - conforming since it exceeds the 25 - foot height limitation . Vice Chairman Hines stated that the building is a great deal higher than the proposed addition and the proposed addition is just about the same height as the area being filled in . Vice Chairman Hines asked if that was a fair statement . Mr . Cox answered the proposed addition is less than the predominant bulk of the building now . Mr . Frost stated that , as a point of clarification , they were before the Planning Board on April 7 , 1992 , this gets a little complicated , Mr . Frost stated that because of the light industrial zone , site plan approval is needed before they can get a building permit in a light industrial zone . Mr . Frost also stated that the Planning Board then , in their site plan approval , made a negative determination of environmental significance . Mr . Frost further stated that Cornell is before this Board tonight because they are extending a building that does not conform and the findings , • essentially , would be the same as the environmental assessment by the Planning Board . Mr . King wondered if the Zoning Board of Appeals were still the lead agency . Town Attorney Randall Marcus explained that for the Zoning Board of Appeals ' part in the decision , it is , adding that as Andy explained , the decision the Planning Board made last night was a somewhat different decision about the same project . Attorney Marcus also stated that the Board can adopt the entirety of the Planning Board ' s findings if it wishes to . Vice Chairman Hines opened the public hearing . No one appeared before the Board . Vice Chairman Hines closed the public hearing . Vice Chairman Hines stated that the first task of the Zoning Board of Appeals is to evaluate the environmental impact of this proposed change , being the impact of the construction or reconstruction of that portion of the building indicated in the plans , which results in a roof height in excess of 25 feet from grade . Vice Chairman Hines further stated that the Board has before it , as part of the record , the resolution and the findings of the Planning Board on the general site plan evaluation in which that Board made a finding of negative environmental significance . [ The Planning Board Resolutions of April 7 , 1992 are attached hereto as Exhibit # 9 . ] Environmental Assessment Town of Ithaca 16 Zoning Board of Appeals April 8 , 1992 • MOTION By Mrs . Joan Reuning , seconded by Mr . Pete Scala : RESOLVED , that , in the matter of the Appeal of Cornell University requesting the authorization of the Board of Appeals under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , to permit the enlarging of the existing , non - conforming Cornell University Central Heating Plant building located on NYS Rte . 366 , Town of Ithaca Tax Parcels No . 6 - 63 - 1 - 8 . 1 and - 8 . 2 , Light Industrial District , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance . Vice Chairman Hines asked for further discussion . There was none : A vote on the Motion resulted as follows : Ayes - King , Hines , Reuning , Scala . Nays - None . The Motion carried unanimously . Vice Chairman Hines noted that the Board has made a negative • determination of environmental significance with respect to the height of the proposed structure . Vice Chairman Hines stated that the second issue before the Board is the extension of the non - conforming structure and the authorization for the issuance of a building permit for the construction or reconstruction by the applicant , Cornell University , at the Central Heating Plant building , located on NYS Rte 366 , which reconstruction will result in an exterior building height for the new reconstructed portion of approximately 46 feet , which height is in excess of that otherwise allowed . Vice Chairman Hines stated that this is an area variance . Vice Chairman Hines wondered if the Board has to make a finding of hardship . Randall Marcus answered that it is technically an extension of a non - conforming use , thus , in other words , it does not act as a variance simply because there is a use there which did not need a variance to be used for purposes for which it is used . Mr . Scala wondered if this was an extension of a use variance . Vice Chairman Hines stated that this is an extension of a non - conforming building and the findings must be that there are practical difficulties . MOTION By Mr . Edward King , seconded by Mr . Pete Scala Town of Ithaca 17 • Zoning Board of Appeals April 8 , 1992 RESOLVED , that , the Town of Ithaca Zoning Board of Appeals finds and determines that the proposed enlargement of the Cornell University Central Heating Plant is minimal , being only 12 x 34 feet i . e . , 408 square feet , and approximately 47 feet in height , and that it is essential to modernize the boilers in the Cornell Heating Plant , and that this affects only a small portion of the existing building , which is a prior non - conforming building and use , and that such extension has no visual impact on the public because it is not visible from the highway , and that , even though this involves exceeding the height limitation in this area of 25 feet , it still , at 46 or 47 feet , will be well below other existing parts of the building . AND FURTHER RESOLVED , that , said Board of Appeals hereby authorizes said enlargement , as proposed , with the further finding that the project complies with all of the criteria set forth in Article XIV , Section 77 , Paragraph 7 , of the Town of Ithaca Zoning Ordinance . Vice Chairman Hines asked for discussion . • Mrs . Reuning wondered if the Board needed to say something about replacing an obsolete facility and the need for more equipment , adding that it was shown to the Board tonight that there is a need for this . Vice Chairman Hines asked for further discussion . There was none . A vote on the Motion resulted as follows : Ayes - King , Scala , Reuning , Hines . Nays - None . The Motion carried unanimously . Upon a motion , the meeting adjourned at 9 : 15 p . m . G Dani L . Holford Department Secretary APPROVED : _ _ _ _ �_ _ Ro . Hines , Vice Chairman l cwln CTQD3 r 1 L1nC' E3 . = Y , c . C Mr 126 Cono -. a Tthdca r; V 1 ,•+ C l7Edr Sir = ar. d Ma MfT % under s tar : that } here . = a r _ 1 : a C- 1:: v V living in the par -. = 1 Cr Pent: = / lvar _ a Ave 2a = farit is = e : ^ s =_. cl .4 Apparently per :ni= = ; on was Zjvmn by a = rev ; ou =_ crmers tC i el , the huiId _ r g fc � s _ . . � " ret3t _ _ people ! - � rrar, E B ZCW. r. ii _ car ) to live in this building . I Wlil be Scotland CurinC the rid ' ^ _ ng beard fr. ee : _ r. 9 S ^ ? in person . T am cppcSe -4 tc th : S ' eq --E � '� f th8 = '.tit ? - = . T ; c re : g _ C ho overcro -wded with students as '_ t Ther _ a = of - eadv tub manv cap e = tC muCh garbage and tOC many fE =. t Car d - � C . rg ; hrnugh ttl �t = Si ` c _ t . sla = no evEn a week ago that One of `. fie C .;. . C Cf the nr - n raC _ ng at a _ ] eed Of leaa � ^ Er h 'Jur '.dpi a r. _ iJ l l ;g . . . - - iC school and refuc. Ed to slot 'down, . ='? ' a ( ! . 5 C : L ,lrua � n ` ; F � i '- : r other week =- n ^. nay there Ulere : '.NC r7d - t . _ _ in 0U _ . . Cr;' d (i1 sure Lha the Curren : C 'r1 : er = :Vi l l use ^. ? argument = ;h a1 & bz?:—a ? reY :T, 15s: 1v ^: Wa5 g : 'vFn O ':Ce } ~ Pr c s •a Cr2CnC.lcrll . I ^ iT. 'r/ C' C• : nyC ^ COn '. '„ e past m staF: e = � f', ? :`l 431 : l< C. 1c YVWr1 It c _ neich. b0r .` OGG : , a s u d e n t e ^ C = av ,. l T ammo S . Ste = ^ hui - b6 Pennsylvania Ave. T thaca NY 72 / • IMMEDIATE NEIGHBOR STATEMENT T0 : Town of Ithaca Zoning Board of Appeals RE : 1421 Mecklenburg Road Building Permit I , residing at q 16 TZ-0 \ L$- rjt% support the appeal of Donald Royce -Roll to build a two bedroom home at 1421 Mecklenburg Road with an exterior height of thirty -four feet, as opposed to the zoning ordinance of thirty feet. It is understood that the home is to be built into the existing hill slope and be constructed approximately 147 feet from Mecklenburg Road (NYS Rt 79 ) and from his west boundary line of approrimately 71 feet and from his east boundary line of approrimately 105 feet. It is understood that the measurements given are from an informal hand -held tape measurement and not surveyed . • date : `� — a-7 • IlviMEDIATE I'4EIGHBOR STATEMENT TO : Town ;� i Ithaca Zoning Board of Appeals RE : 142 1 r,rlecklenburg Road Building Permit FR'wl 9'r efe 4 t ta 0 A C� residing at support the appeal of Donald Royce -Roll to build a two bedroom home at 1421 Mecklenburg Road with an exterior height of thirty -four feet, as opposed to thC7 zoning ordinance of thirty feet. It is understood that the home is to be built into the existing hill slope and be constructed approximately 147 feet from Mecklenburg Road (NYS Rt 79 ) and from his \ fest boundary line of approrimately 71 feet and from his east boundary line 1- . f approrimately 105 feet. It is understood that the measurements given are from an informal hand -held tape measurement and not surveyed . date : ® IMMEDIATE NEIGHBOR STciTEMENT T0 : Town of Ithaca Zoning Board of Appeals RE : 142"1 Mecklenburg Road Building Permit I Tarn So75 FD .2r' , residing at -2. j M eef j /e/L �iOR 9 Pod , l Tfh Aj "J . u support the appeal of Donald Royce -Roll to build a two bedroom home at 1421 Mecklenburg Road with an exterior height of thirty -four feet, as opposed to the zoning ordinance of thirty feet. It is understood that the home is to be built into the existing hill slope and be constructed approximately 147 feet from Mecklenburg Road (NYS Rt 79 ) and from his west boundary line of approrimately 71 feet and from his east boundary line of approrimately 105 feet. It is understood that the measurements given are from an informal hand -held tape measurement and not surveyed. Z774dYrt date : 31101f ADOPTED RESOLUTION : " Cornell Southeast Precinct Earth Fill " Cornell University , Orchards Area Palm Road Placement of fill for regrading and access road construction Recommendation to Board of Zoning Appeals Planning Board , April 7 , 1992 MOTION by Virginia Langhans , seconded by Herbert Finch : WHEREAS : 1 . This action is the Consideration of a Recommendation to the Zoning Board of Appeals regarding the placement of earth fill on portions of Town of Ithaca Tax Parcels 64 . - 1 - 1 and 64 . - 1 - 2 ; approximately 38 , 000 cubic yards of material excavated from the site of the Cornell Vet School Primary Teaching Facility will be placed on approximately 10 . 4 acres of Cornell University land located east of Cascadilla Creek to improve drainage and construct access roadways to existing storage areas and potential building locations , Residence District R- 30 . 2 . The proposed project involves the extraction and deposit of more than 2 , 500 cubic yards of material and has been referred to the Planning Board for its recommendation before the Board of Appeals • makes its final decision , pursuant to Article XIII , Section 70 , paragraph 5 of the Zoning Ordinance of the Town of Ithaca . 3 . The Planning Board has reviewed the materials in support of the project submitted by the Applicant including : a . " Engineering Report - Southeast Precinct Earth Fill Project " , dated 21 February 1992 , prepared by Cornell Facilities Engineering and Campus Planning , b . Draft copies of Fig . 11 " Precinct 7 Topography " and Fig . 20 " USACOE Wetland Boundaries " , undated , prepared for the D/GEIS by the LA Group , c . Project Drawings including : 1 ) SE Precinct Site Map - Horizontal Alignment 2 ) SE Precinct Site Map - Grading & Drainage 3 ) SE Precinct Site Map - Possible Future Construction 4 ) SE Precinct Roadway - Profiles & Cross Sections 5 ) SE Precinct Roadway we Typical Details undated and prepared by Cornell Facilities Engineering , d . Long Environmental Assessment Form - Part 1 , " Project Information By Applicant " prepared by Robert Chiang of Cornell Facilities Engineering , dated 21 February 1992 . 4 . The Town Engineer has reviewed the proposed plan and has determined that the proposed plan : a . Provides for appropriate erosion control during and after construction ; 0 b . Protects against adverse drainage on the subject property and surrounding properties ; ADOPTED RESOLUTION : " Cornell Southeast Precinct Earth Fill " ( 2 ) • C9 Provides for appropriate revegetation ; d . Provides for appropriate slope controls , e . Does not adversely affect properties surrounding the designated site both during and after removal or deposit of the fill . 5 . The Town Engineer has completed Part 2 - Project Impacts and Their Magnitude , of the Long Environmental Assessment Form and has determined that the project will not result in any large or important impact and , therefore , is one which will not have a significant impact on the environment , and recommends that the Board of Appeals as lead agency prepare a negative declaration of environmental significance . 6 . The Town Planning Staff has reviewed the proposed project and has raised no objections to the project as long as proper sediment and erosion controls are provided . 7 . The Town Engineer recommends issuance of a Fill Permit pursuant to Article XIII , Section 70 , paragraph 5 of the Zoning Ordinance of the Town of Ithaca for the proposed project . THEREFORE , IT IS RESOLVED : That the Planning Board of the Town of Ithaca recommends that the Zoning Board of Appeals approve the application for a fill permit for the Cornell Southeast Precinct Earth Fill project as shown and described in the application materials presented , subject to the following conditions : 1 . Submission to and approval by the Town Engineer of a construction sequence plan including topsoil stockpile locations and specific erosion control measures and proposed fill schedule prior to the start of construction . 2 . Submission to and approval by the Town Engineer of construction details and specifications for drainage structures and culverts prior to the start of construction . 3 . Submission to and approval by the Town Engineer of a vegetative treatment specification and schedule prior to the start of construction . AYE - Grigorov , Kenerson , Langhans , Finch , Lesser , Baker . NAY - None . CARRIED UNANIMOUSLY . CUSEPFLL/PBMTG/ 04/08 / 92 /DRW : MB 6e4 7 t f rti 1 • i. WWAnaTa poor lit mms ri` � 'r�// s �' t ��8t itt�f '�I�1 + :f�l.•_ce-+.r-�+q.-��f. �a i•�C"►.-..:r�'.;wy� ;i fit Wtv JWT . Il�i�ltil�'11It� - Milllet" ft ' •r wr�r��a�, tcr.,r.s e,y "ti v \ �• w"IWO.• l v _ Lw ,�• "'PAT .. I 1 '.Ilftl.! 1 7 -mss + � tom}'t �..r�o.w...: Y t•1 Y H� + Wr r 1 a: a f i i 1 / + t t� .a 1 <r Cornell University Central Heating Plant Expansion - 1 - South Side NYS Route 366 , East of City / Town Boundary Preliminary and Final Site Plan Approval Planning Board , April 7 , 1992 ADOPTED RESOLUTION : SEQR Cornell University Central Heating Plant Expansion South Side NYS Route 366 , East of City / Town Boundary Preliminary and Final Site Plan Approval Planning Board , April 7 , 1992 MOTION by Mr . Robert Kenerson , seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the Consideration of Site Plan Approval for the proposed expansion of the Cornell University Central Heating Plant building footprint by 408 square feet to allow replacement of two boilers , on a site located on the south side of NYS Route 366 immediately east of the City / Town boundary , Town of Ithaca Tax Parcels No . 6 - 63 - 1 - 8 . 1 and - 8 . 2 , Light Industrial District , and 2 . This is an Unlisted action for which the Town of Ithaca Planning Board has been legislatively determined to act as Lead Agency in environmental review of the site plan , and 3 . The Planning Board , at Public Hearing on April 7 , 1992 , has reviewed the Long Environmental Assessment Form submitted by the applicant and an environmental assessment of the proposed action prepared by Town Planning staff , a proposed site plan entitled " Central Heating Plant Boiler 6 & 7 Replacement " , dated February 5 , 1992 , revised March 31 , 1992 , prepared by Gryphon International , and other application materials , and 4 . The Tompkins County Department of Planning has reviewed the above - listed materials pursuant to Sections 239 - 1 and - m of the New York State General Municipal Law , and has indicated in its report of March 9 , 1992 that the project as proposed will have no significant deleterious impact on intercommunity , County , or State interests , and 5 . The Town Planning staff has recommended that a negative determination of environmental significance be made , NO6V , THEREFORE , IT IS RESOLVED : That the Town of Ithaca Planning Board hereby makes a negative determination of significance pursuant to the requirements of the New York State Environmental Quality Review Act for the above - described action and , therefore , an Environmental Impact Statement will not be required . Cornell University Central Heating Plant Expansion - 2 - South Side NYS Route 366 , East of City / Town Boundary Preliminary and Final Site Plan Approval ® Planning Board , April 7 , 1992 Aye - Grigorov , Kenerson , Baker , Langhans , Lesser , Finch . Nay - None . CARRIED UNANIMOUSLY . * * * * * * * * * * * * * * * * * * * * * ADOPTED RESOLUTION : Cornell University Central Heating Plant Expansion South Side NYS Route 366 , East of City / Town Boundary Preliminary and Final Site Plan Approval Planning Board , April 7 , 1992 MOTION by Mr . William Lesser , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Site Plan Approval for the proposed expansion of the Cornell University Central Heating Plant building footprint by 408 square feet to allow replacement of two boilers , on a site located on the south side of NYS Route 366 immediately east of the City / Town boundary , Town of Ithaca Tax Parcels No . 6 - 63 - 1 - 8 . 1 and - 8 . 2 , Light Industrial District , and 2 . This is an Unlisted action for which the Town of Ithaca Planning Board , acting as Lead Agency in environmental review of the site plan , has , on April 7 , 1992 , made a negative determination of significance , and 3 . The Planning Board , at Public Hearing on April 7 , 1992 , has reviewed the Long Environmental Assessment Form and an environmental assessment of the proposed action prepared by Town Planning staff , a proposed site plan entitled " Central Heating Plant Boiler 6 & 7 Replacement " , dated February 5 , 1992 , revised March 31 , 1992 , prepared by Gryphon International , and other application materials , and 4 . The Tompkins County Department of Planning has reviewed the above - listed materials pursuant to Sections 239 - 1 and - m of the New York State General Municipal Law , and has indicated in its report of March 9 , 1992 that the project as proposed will have no significant deleterious impact on intercommunity , County , or State interests , and 5 . The proposed project will expand a building that exceeds the • maximum height allowed in the Light Industrial District ( a legal , non - conforming condition ) , therefore , the authorization of the Zoning Board of Appeals is required ; � 9 Cornell University Central Heating Plant Expansion - 3 - South Side NYS Route 366 , East of City / Town Boundary Preliminary and Final Site Plan Approval Planning Board , April 7 , 1992 NOW , THEREFORE , IT IS RESOLVED : That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed expansion of the Cornell University Central Heating Plant by 408 square feet , and related site improvements , as shown on a site plan entitled " Central Heating Plant Boiler 6 & 7 Replacement " , dated February 5 , 1992 , revised March 31 , 1992 , prepared by Gryphon International , conditioned upon the granting of approval for the expansion of said non - conforming building by the Town of Ithaca Zoning Board of Appeals . Aye - Grigorov , Kenerson , Baker , Langhans , Lesser , Finch . Nay - None . CARRIED UNANIMOUSLY . * * * * * * * * * * * * * * * * * * * * * Nancy M . Fuller , Secretary , • Town of Ithaca Planning Board , April 8 , 1992 . •