TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
OCTOBER 3, 2007
Members Present
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Peter Barber, Chairman Sharon Cupoli Chuck Klaer Mike Marcantonio Susan Macri Allen Maikels Tom Remmert, Alternate James Sumner Janet Thayer, Counsel
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Chairman Barber opened the meeting and pointed out the emergency exits to the left and rear of the room in the event they were needed.
CONTINUED CASES:
MATTER OF REBECCA REED - 200 FOSTER LANE
Chairman Barber stated that at the last hearing there was discussion about the ability to locate the kennel operations more than 300' from the nearest residence.
Ms. Reed stated that she has been able to do that.
Chairman Barber asked about the housing of the dogs overnight.
Ms. Reed stated that with the new buildings she would be better able to contain the dogs at night and be within the zoning ordinance.
Chairman Barber stated that the dogs would need to be housed indoors during the hours of 10pm and 6am.
Chairman Barber asked Ms. Reed how many dogs she had at this point.
Ms. Reed replied that she has 9.
Chairman Barber asked if she would be doing any boarding of animals for other people.
Ms. Reed replied "absolutely not"; it is for her personal use only.
Chairman Barber asked if she was comfortable with putting a limitation on the number of dogs.
Ms. Reed replied that she is not looking to acquire any more dogs.
Chairman Barber asked what the maximum number of dogs would be at any given time.
Ms. Reed replied that as far as adult dogs, she is at her maximum.
Chairman Barber asked if there were any questions or comments from the residents. There were none. Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application to determine whether the granting of this application for a kennel on the property zoned RA3 will have a substantial negative impact upon the environment. This Board has determined based upon the comments provided by the Town Planner, the Town Planning Board and also the applicant's submissions that there will not be a negative impact upon the environment. Therefore I move that a negative declaration under SEQRA should be issued."
Motion seconded by Sue Macri. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4013
Request of Rebecca Reed for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the operation of a non-commercial kennel to allow for the breeding of great danes.
Per Articles III & V Sections 280-24.1 and 280-52 respectively
For property owned by Rebecca Reed
Situated as follows: 200 Foster Lane Guilderland Center, NY 12085
Tax Map #38.00-5-16 Zoned: RA3
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held on 7/18/2007, 9/5/2007 and again this evening. The notice was supplemented by mailing legal notices to properties within 750' of this property. One resident provided oral comments and two residents provided written comments in opposition to the request.
The Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
The Town Planning Board recommended without any suggestions or conditions.
The Town Planner had no objections.
The Board further notes that to the extent that there were some concerns raised about the maintenance of the facility and how the dogs are handled. That matter is within the exclusive jurisdiction of the animal control officer under Article 120 of the Guilderland Town Code and to the extent applicable under Article 7 of Agricultural Markets Law.
The application raised the possibility of the need for a use variance because the proposed use as originally presented showed the location of the kennel to be within 300' of an adjoining residence. The applicant has now represented that is going to be changed and the revised site plan will be required by the Board to show that the kennel can be operated more than 300' from a residence.
The applicant has provided the Board with depictions of the proposed housing for the dogs and the dogs will be contained inside from the hours of 10pm to 7am.
The applicant does meet all the requirements for a special use permit as a kennel under Section 280-24.1D(1)(m). The inclusion of a kennel as a special use permit in this RA3 district is tantamount to a legislative finding that the kennel is in harmony with the zoning and will not adversely affect the neighborhood.
The Board further notes that the applicant indicates that there will be no employees and no deliveries and will be a non-commercial use.
The kennel is located on approximately 7 acres of land which is heavily wooded on the edges.
As noted by the Town Planner, the property is surrounded by the town highway garage, a town park, the town transfer station and the animal shelter and as a result, there are no planning objections to the granting of the special use permit.
In granting this decision, the Board imposes the following conditions:
Submission of a plan that indicates compliance with the 300' requirement from a residence.
There will be no boarding of any non-owner dogs on the premises.
There will be no commercial activities on the site.
Continued adherence to the requirements for a kennel.
There shall be a maximum of 9 adult dogs maintained at site.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sue Macri. Vote 7 - 0.
MATTER OF PAUL AND ANN ENGSTER - 13 WAVERLY PLACE
Sharon Cupoli read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles III & V of the Zoning Law on the following proposition:
Variance Request No. 4040
Request of Paul and Ann Engster for Variance of the regulations under the Zoning Law to permit: the construction of a 16' x 12' addition and masonry chimney in a required side yard. A 12.5' setback is required; 2'6"and 7'3" setbacks respectively are proposed. Variances of 10' and 4'9" are requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Paul and Ann Engster
Situated as follows: 13 Waverly Place Albany, NY 12203
Tax Map #52.20-3-20 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of October, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: September 26, 2007"
The file consists of the mailing list to 34 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a narrative, a plot plan and preliminary design plans of the addition.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct an addition that will encroach into a required side yard. No planning objections."
Paul Engster, applicant, presented the case.
Chairman Barber asked the applicant if he had talked to the Holt-Harris', the neighbors most directly affected.
Mr. Engster stated that he had asked Susan Holt-Harris early on to see if he could acquire the land and she stated that she did want to discuss it with her lawyers but he has not talked to her since. Mr. Engster stated that he might be able to accomplish this by a lot line adjustment.
Chairman Barber stated that a lot line adjustment is signed by Don Cropsey, Jan Weston and the Planning Board Chairman, it is not a subdivision. The lot line adjustment would need the consent of the Holt-Harris'.
Don Cropsey stated that he did speak with Mrs. Holt-Harris and she did not see it as a problem.
Chairman Barber stated that it appears that the addition is not going beyond the setback.
Mr. Engster stated that they are looking to extend the existing kitchen and connect it with the family room.
Chuck Klaer asked where the state property line came in.
Mr. Engster replied that the line coming off of their property which abuts the State of NY property is in the back portion of the property where there is a garage. Mr. Engster replied that there would not be any encroachment on the state property.
Mr. Engster stated that if they do a lot line adjustment, he is going to have another jog in his property unless he includes the State of New York.
Chairman Barber asked Don Cropsey if the Town prefers to have a straight line rather than a jagged line.
Don Cropsey replied that is preferred but not required.
Sharon Cupoli asked what would happen if the Board approved the variance and then he received the lot line adjustment.
Chairman Barber stated that the variance is moot if they get enough land to satisfy the setback requirements.
Chairman Barber asked if there were any questions or comments from the residents. There were none. Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Variance Request No. 4040
Request of Paul and Ann Engster for Variance of the regulations under the Zoning Law to permit: the construction of a 16' x 12' addition and masonry chimney in a required side yard. A 12.5' setback is required; 2'6"and 7'3" setbacks respectively are proposed. Variances of 10' and 4'9" are requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Paul and Ann Engster
Situated as follows: 13 Waverly Place Albany, NY 12203
Tax Map #52.20-3-20 Zoned: R10
This decision is based upon the following findings of fact:
A public hearing was duly noticed and no resident provided either written or oral comments regarding this application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections.
The Board further finds that the proposed addition maintains the character of the existing house in the neighborhood.
While the variance may appear to be substantial, the adjacent neighbor has no objection to the request.
The proposed addition will not extend any further than the existing structure which was constructed back in 1954 and the residence has been occupied by the same families since that time.
The applicant has been unsuccessful to date in his efforts to purchase property from the neighbor in an effort to avoid this variance. Therefore the Board finds that the variance should be granted as there will be no negative impact upon the quality and character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Construction hours shall be limited to the following: Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 - 0.
MATTER OF CHAMPION - 13 BROOKWOOD AVENUE
Allen Maikels read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles III & V of the Zoning Law on the following proposition:
Variance Request No. 4041
Request of Debra Curto for Variance of the regulations under the Zoning Law to permit: the construction of a 15' x 15' sunroom addition within a required side yard. A 12..5' side yard setback is required; 3.5' is provided (continuing existing side yard setback), a variance of 8'6" is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Steve and Mary Kozlowski
Situated as follows: 13 Brookwood Ave. Albany, NY 12203
Tax Map #52.20-4-60 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of October, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: September 26, 2007"
The file consists of the mailing list to 74 neighboring property owners, the Town's required forms for this area variance, the Town Planners comments, a contract between the property owner and Champion, a survey of the property and a brief narrative.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct an addition that will encroach into the required side yard. No planning objections."
Shawn Morgenstern of Champion presented the case. Mr. Morgenstern stated that they are looking to replace an existing deck and add an enclosed sunroom.
Chairman Barber stated that it appears that the setback is the same for the addition as it is for the existing house.
Mr. Morgenstern submitted a letter from the neighbors who are most affected by this addition and the had no problems with the proposal.
Chairman Barber asked if there were any questions or comments from the residents. There were none. Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Variance Request No. 4041
Request of Debra Curto for Variance of the regulations under the Zoning Law to permit: the construction of a 15' x 15' sunroom addition within a required side yard. A 12..5' side yard setback is required; 3.5' is provided (continuing existing side yard setback), a variance of 8'6" is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Steve and Mary Kozlowski
Situated as follows: 13 Brookwood Ave. Albany, NY 12203
Tax Map #52.20-4-60 Zoned: R10
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening. There were no oral comments received but a letter was received from the most affected neighbor indicating they had no objection to the proposal.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no planning objections.
The Board further notes that the proposed sunroom will replace an existing deck and screen porch. The sunroom will be in line with the existing dwelling and will not extend further into the side yard setback therefore the Board finds that there will be no negative impact upon the quality or character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Construction hours shall be limited to the following: Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 - 0.
The Board approved the minutes of August 1, 2007.
SIGNS:
The Board approved a temporary banner for Stuyvesant Plaza from 11-12-07 to 11-17-07 for the Holiday Open House. Vote 7 - 0.
The Board approved a temporary banner for Stuyvesant Plaza for five weeks from 11/19-07 to 12/23/07 for their Horse and Carriage Rides. Vote 7 - 0.
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