HomeMy WebLinkAboutMN-BZA-1970-07-21 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORE
JULY 219 1970 APPEAL N0. 883
PRESENT:
JOHN BENTKOWSKI, Chairman
RALPH P. BALDINI
BEVERLY MARTIN
DONALD LUCENTE
JAMES ROGAN
EDISON JONES, Building Commissioner & Secretary
THE CHAIR: We are here in the matter of Case No. 8839 the Appeal
of Ithaca Housing Authority, 113 South Cayuga Street,
Ithaca, New York, for an exception to requirements of
Section 7, Column 59 off-street parking, and Column
9, number of stories at Titus Flats in an Rr-3 district.
This was originally rejected on July 7th by a vote of
3 to 1, and as you know, in order to have an appeal
granted, it is necessary to have four affirmative votes.
At that time there was a motion to grant, which was
duly seconded, and was then defeated. Miss Martin
then moved, that because of the magnitude of this
project, that the Ithaca Housing Authority be allowed
to come back to this Board as soon as the full Board
could be legally convened. This was duly eeoonded and
we have asked you to come back. Now we find that we
do not have a full Board; one member is missing. So
we leave it to the option of the appellant as to
whether he would like to continue with the appeal or
whether he would desire to come back just as soon as
the content of the motion is fully resolved.
ROBERT WILLIAMSON: If it please the Chairman, it is the consensus of the
Ithaca Housing Authority that we should appear before
the full Board per the resolution of the previous
meeting.
THE CHAIR: I think we should clarify something of this. The
way the resolution stated is that we have to have the
full board, that is, six members. Because it is a re-
solution and is pertaining to this case, thAre is no
way we have to convene this Board to hear this resolu-
tion until all six members are here.
DR. BALDINI: This option is always granted to any appellant, to
have a full Board.
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MR. WnIIAMSON: Exception.
THE CHAIR: At the last meeting we had four members and we gave
the Ithaca Housing Authority and other appellants the
option to adjourn their meeting, or that they could
go ahead, just as we always do.
At this point The Chair and Board Member Bald explain the necessity of
following procedures as outlined in the City Charter, and discussion ensues
between members of the Ithaca Housing Authority and a representation of
Senior Citizens.
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MR. WILLIAMSON: We want a full six-man Board to debate it among
themselves. The Board is sorry but they feel they
should have a six-man Board decide this.
DR. BALDINI: We felt before that not enough people were here to
be heard, that it was not a fair representation of
the People to express their opinions, and also, we
agreed that this is a big projeot, and I, as a member
of the six on the Board, would like to have all six
members present.
Recess granted Ithaca dousing Authority.
THE CHAIR: We will now make some concluding remarks about the
meeting.
MR. WILLIAMSON: After a brief cauous, which went beyond the five
minutes allotted, for which I apologize, the Housing
Authority has decided to wait until there is a full
Board to anntinus with the hearing.
THE CHAIR: On this adjourned hearing you will have to proceed
with a six-man Board.
MR. WILLIAMSCK: I will take exception to that on behalf of the
Authority. The time for awarding bids has elapsed
and is running. We wish to have the meeting adjourned
until hopefully, the full Board is present, but if
we find a six-man Board is not present, then it may
be that we would have to proceed because the time has
elapsed. I would have to take exception to your
ruling. This evening we still have time because the
60 days has not expired, and we would hope for the
full Board present at the next meeting. If again,
for some reason, there is not a full Board, we would
hope to proceed with that "drum which is present.
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THE CHAIR: You have said you wanted to proceed with a full Board.
We are holding you to that statement.
MR. WILLIAMS ON: I think that is our right and I am hoping that when the
next meeting is, that we can proceed with the full
Board, but if for some reason six members are not
present, we could very well waive the right to have
the full Board and proceed. We feel this is important
and that it should be presented to an entire six-man
Hoard. The bids came in the 23rd of June. We then
had 60 days to make an award. That time is about half
gone. We therefore would hope that we would have a
full Board here to hear it prior to the expiration of
that 60 days period. Now if we oome down to the wire,
and again through some unfortunate happenstance, we
can not have the full Board, we would there have to
proceed.
DR. BALDINI: The exception is in the minutes.
THE CHAIR: I think we can all be here and I hope you will. This
will be a special meeting, only hearing Case #883,
nothing else, we assure you of that much. We will
hear the appeal with a six-man Board only.
MR. WILLIAMSON: And you have noted zW exception in the record.
DR. BALDINI: This Board is on record that the next adjourned
meeting will be a special meeting limited to the
Ithaca Hosing Authority appeal and will be heard
before the full Board. We have noted Mr. Williamson•s
exception but to all intents and purposes, this will
be heard before a full six-man Board.
MR. WILLIAMSON: You have my exception in the record. Does the Hoard
have an adjourned date for the hearing?
THE CHAIR: Let us say the Uth of August will be the special
meeting.
DR. BALDINI: Moved that this meeting be adjourned.
MISS MARTIN: Second,
VOTE: Unanimous.