TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
AUGUST 15, 2007
Members Present Members Absent:
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Peter Barber, Chairman Sharon Cupoli Chuck Klaer Mike Marcantonio Susan Macri Tom Remmert, Alternate James Sumner Janet Thayer, Counsel Patricia Aikens
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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.
NEW CASES:
MATTER OF WILLIAM GOERGEN - 31 PROVIDENCE STREET
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. 4029
Request of William Goergen for a Variance of the regulations under the Zoning Law to permit: the construction of a 25' x 25' addition on the front of an existing single family home. Two variances are sought: 1 )to allow a reduction from 25' to 13' and 2) to allow a portion of the addition in a required side yard with a 5' setback; 8' is required.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Linda Goergen
Situated as follows: 31 Providence Street Albany, NY 12203
Tax Map #52.15-2-36 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 2, 2007"
The file consists of the legal advertisement with mailing to 43 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a narrative, an elevation plan, a site plan and photos of the site.
The Town Planner had the following comments: "The applicant is requesting area variances to construct an addition that will encroach on the front yard setbacks of this corner lot. No planning objections."
William Goergen, applicant, presented the case.
Chairman Barber stated that he understood that the applicant had tried an alternative in 2004; a garage and a basement but he had foundation issues and water in the basement. Chairman Barber stated that the driveway is on Tracy Street now and if the garage were to be located there, a rather mature tree would have to be removed.
Mr. Goergen replied that the other option was to put it in the back yard and there is a patio there, a brick fireplace, 80' of fieldstone wall and a huge oak tree.
Chairman Barber's concern was to see if there were any other properties that would have part of their house this far forward. Chairman Barber stated that to the left there is a 100' right-of-way through a utility easement so there is no sight line problem down that road and it is a corner lot. Chairman Barber stated that the front of the garage will still be 28' from the edge of the pavement.
Chairman Barber asked if there was any consideration given to reducing the size of the addition by a couple of feet.
Mr. Goergen replied that a former addition was built on a crawlspace so if her were to try to do what he wanted to get the garage tucked in there, he would be under pitting that length of the house; the top of the garage floor is a little below the footing elevation.
Chairman Barber stated that this would benefit the applicant and help him to maintain his home after living there for 39 years.
Mr. Goergen stated that the garage just about faces the National Grid right-of-way. Mr. Goergen stated that he felt that it would be difficult to place the addition on the westerly side of the house due to another large tree.
Chairman Barber stated that if this variance were granted it would appear that this addition was always there.
Chairman Barber asked if there were any questions or comments from the residents.
Don Reeb, president of the McKownville Improvement Association had objections to the proposed location of the addition as it would be too close to the street.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0. (Aikens absent, Remmert alternate)
Chairman Barber asked Don Cropsey about the history of variances in that area.
Don Cropsey replied that there had been some side yard variances granted but he did not recall any front yard variances.
Chairman Barber asked Don Cropsey if the garage was placed on the Tracy streetside would a variance also be needed?
Don Cropsey replied that a variance would be required, the house currently sits much closer to Tracy Street than Providence Street. Don Cropsey stated that after looking at the rendering, it does appear that it would fit nicely into the neighborhood. It is closer to the street but as stated, it will still be 32' from the pavement.
Chairman Barber made a motion for approval of:
Variance Request No. 4029
Request of William Goergen for a Variance of the regulations under the Zoning Law to permit: the construction of a 25' x 25' addition on the front of an existing single family home. Two variances are sought: 1 )to allow a reduction from 25' to 13' and 2) to allow a portion of the addition in a required side yard with a 5' setback; 8' is required.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Linda Goergen
Situated as follows: 31 Providence Street Albany, NY 12203
Tax Map #52.15-2-36 Zoned: R10
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held here this evening. One resident did provide oral comments in opposition to the request.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the request.
The Board further finds that the property is a corner lot, creating two front yards located at the intersection of Providence Street and Tracy Street.
The property has been owned for 39 years by the applicant and has no garage and this variance would allow the applicant to build a garage to allow him to get in and out of the car in a sheltered environment.
The applicant has attempted an alternative previously in 2004 but had failed due to the high water table and the impacts upon the foundation of the property.
Placement in the rear would require the removal of a patio, part of an existing stone wall, and a very large oak tree. Also note that the topography on Tracy Street would not be a favorable environment for the placement of the garage below the street grade.
The property addition will be bordered on the north side by a 100' wide utility easement owned by National Grid and therefore the placement of the addition in front of the existing house would not have a negative impact upon sight line or the neighborhood.
Even with the granting of this variance, there is approximately 32' of green area between the pavement and the new addition.
The property is very attractively maintained and landscaped.
The granting of this variance will not negatively impact 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 applicant shall work with Don Cropsey regarding the appropriate landscaping.
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. (Aikens absent, Remmert alternate)
MATTER OF ALBERT BARCOMB - 14 NORFOLK STREET
Chuck Klaer 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. 4033
Request of Albert Barcomb for a Variance of the regulations under the Zoning Law to permit: the construction of a detached 20' x 24' two stall garage. Said garage is proposed to be placed in a required front yard. Two variances are requested. 1) to allow an accessory structure within a front yard and 2) to allow a 25' front setback.
Per Articles III & V Sections 280-14 and 280-51respectively
For property owned by Albert Barcomb
Situated as follows: 14 Norfolk Street Albany, NY 12203
Tax Map #63.12-1-36.1 & 36.21 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 2, 2007"
The file consists of the mailing list to 54 neighboring property owners, the Town's required forms for this area variance, the Town Planner's comments, a narrative, a proposed plot plan and photos of the proposed location.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a detached garage within a front yard setback. I find the proposed placement of the garage very awkward in that the garage structure will be entirely in the front yard and the front yard will be paved almost from side line to side line. Alternative placement should be explored."
Al Barcomb, applicant, presented the case.
Chairman Barber stated that it is an L shaped lot that is the merger of two lots. Chairman Barber stated that the other parcel above the L is also owned by Mr. Barcomb so the property owner most affected by the placement of this garage would be Mr. Barcomb himself.
Mr. Barcomb stated that his son lives in the house adjacent to the property.
Chairman Barber stated that there is also quite a bit of landscaping.
Mr. Barcomb replied that there is some extensive gardening that has been done over the years.
Chairman Barber stated that this technically a corner lot but Inman Street appears to be more of a gravel road.
Mr. Barcomb replied that it is a paper road.
Chuck Klaer asked if the lots had been combined as of yet.
Mr. Barcomb replied that they were in the process of being combined.
Chairman Barber stated that if the lots were not merged, then this garage would be placed on a lot without a primary structure there.
Don Cropsey stated that originally he suggested to Mr. Barcomb that he merge the lots and then he realized that the house faced a different direction which necessitated the need for a variance.
Chairman Barber stated that he thought that also might have been part of the confusion in the Town Planners comments; it was based on the assumption that the house faces the other way.
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. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4033
Request of Albert Barcomb for a Variance of the regulations under the Zoning Law to permit: the construction of a detached 20' x 24' two stall garage. Said garage is proposed to be placed in a required front yard. Two variances are requested. 1) to allow an accessory structure within a front yard and 2) to allow a 25' front setback.
Per Articles III & V Sections 280-14 and 280-51respectively
For property owned by Albert Barcomb
Situated as follows: 14 Norfolk Street Albany, NY 12203
Tax Map #63.12-1-36.1 & 36.21 Zoned: R10
This decision is based upon the following findings of fact:
A public hearing was duly noticed and no residents provided either written or oral comments.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had questions regarding the location of the garage which have been cleared up at this hearing.
The property has been or will be merged so that the adjacent lot would create an L shaped lot.
Placing the garage on the other side of the house would impact an existing pool and patio.
The existing tree adjacent to the proposed garage will remain.
The Board also finds that the adjacent property is owned by the applicant's son and he has no objection to the request.
The Board also finds that the granting of this application will not have a 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 by the applicant.
Merger of the two lots to form the L shape.
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. (Aikens absent, Remmert alternate)
MATTER OF DAVID O'HEHIR - 14 YORK ROAD
Sue Macri 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. 4032
Request of David O'Hehir for a Variance of the regulations under the Zoning Law to permit: the construction of a 24' x 20' garage addition to an existing single family home. A front yard variance is requested. 25' ir required, 20' is proposed, a 5' variance is requested.
Per Articles III & V Sections 280-14 and 280-51respectively
For property owned by David O'Hehir
Situated as follows: 14 York Road Albany, NY 12203
Tax Map #52.09-2-1 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 2, 2007"
The file consists of the mailing list to 59 neighboring property owners, the Town's required forms for this area variance, the Town Planners comments, a narrative, a project description and some photos of the property.
The Town Planner had the following comments: "The applicant has applied for an area variance to construct an attached garage that will encroach 12' into the front yard of a corner lot and be flush with the existing house. No planning objections."
David O'Hehir, applicant, presented the case. Mr. O'Hehir gave a brief overview of the project. Mr. O'Hehir stated that they have looked at other options but would still most likely need a variance due to the fact that they are on a corner lot.
Chairman Barber asked if they were going to be removing the existing driveway.
Mr. O'Hehir stated that was correct.
Mr. O'Hehir stated that all his neighbors are well aware of the project and they have no objections.
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. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4032
Request of David O'Hehir for a Variance of the regulations under the Zoning Law to permit: the construction of a 24' x 20' garage addition to an existing single family home. A front yard variance is requested. 25' ir required, 20' is proposed, a 5' variance is requested.
Per Articles III & V Sections 280-14 and 280-51respectively
For property owned by David O'Hehir
Situated as follows: 14 York Road Albany, NY 12203
Tax Map #52.09-2-1 Zoned: R15
In granting this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and there were no oral or written comments received.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections.
Albany County Planning Board and the Town Planning Board's review of this application were not required.
This is a corner lot at York Road and Oxford Place. The proposed garage is in line with the existing house and the existing driveway will be removed and planted with grass.
The granting of this variance will not have a detrimental 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 by the applicant.
Construction hours shall be as follows: 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. (Aikens absent, Remmert alternate)
MATTER OF JOSEPH SILVESTRI - 1004 DIBELLA DRIVE
Counsel Thayer 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. 4028
Request of Shawn Morgenstern for a Variance of the regulations under the Zoning Law to permit: the construction of a 14' x 16' sunroom addition to the rear of an existing dwelling. A rear yard setback of 35' is required; 30' is proposed, a variance of 5' is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Joseph and Maria Silvestri
Situated as follows: 1004 Dibella Drive Schenectady, NY 12303
Tax Map #27.11-3-51 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 2, 2007"
The file consists of the mailing list to 35 neighboring property owners, the Town's required forms for this area variance, the Town Planner's comments, an authorization allowing Champion to appear on behalf of the property owner, a letter from George and Alice Frye of 623 Salvia Lane stating they have no objections to the proposed addition, a narrative provided by Champion, a plot plan, a contract and some photos of the site.
The Town Planner had the following comments: "The applicant has applied for an area variance to construct a sunroom that will encroach 5' into the rear yard setback. No planning objections."
Shawn Morgenstern of Champion presented the case.
Chairman Barber stated that the case seemed rather straightforward. Chairman Barber asked if any neighbors had voiced any concerns regarding the proposed sunroom.
Mr. Morgenstern replied that there had been no objections and the neighbor to the rear did submit a letter stating they had no objections.
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. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4028
Request of Shawn Morgenstern for a Variance of the regulations under the Zoning Law to permit: the construction of a 14' x 16' sunroom addition to the rear of an existing dwelling. A rear yard setback of 35' is required; 30' is proposed, a variance of 5' is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Joseph and Maria Silvestri
Situated as follows: 1004 Dibella Drive Schenectady, NY 12303
Tax Map #27.11-3-51 Zoned: R15
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and no residents provided oral comments but the residents at 623 Salvia Lane who would be the most affected neighbors provided a letter stating that they have no objections to the granting of this request.
This is a Type Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections.
The Town Planning Board and the Albany County Planning Board's review of this application were not required.
The Board further finds that this is located at the rear of a lot and it will be occupying the space currently occupied by an existing patio.
Only part of the addition encroaches into the setback.
The property is excessively landscaped and there will be no negative impacts upon the quality or character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
Construction hours shall be as follows: 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. (Aikens absent, Remmert alternate)
MATTER OF NANCY WIDEMAN - 4 VELINA DRIVE
Mike Marcantonio recused himself from the application.
Chairman Barber 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:
Special Use Permit Request No. 4031
Request of Nancy Wideman for a Special Use Permit under the Zoning Law to permit: the use of a 70sf area of space in the basement of an existing single family home as a hair salon, a customary home occupation. All parking for this business will be located in the existing driveway.
Per Articles III & V Sections 280-14 and 280-52 respectively
For property owned by Nancy Wideman
Situated as follows: 5 Velina Drive Albany, NY 12203
Tax Map #52.05-2-6 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 2, 2007"
The file consists of the mailing list to 51 neighboring property owners, the Town's required forms for a special use permit for a customary home occupation, the Town Planner's comments, the Town Planning Board's site plan review, a brief narrative and a plot plan of the property.
The Town Planning Board's site plan review of 8/8/07 was to recommend without any suggestions or conditions.
The Town Planner had the following comments: "The applicant has requested a special use permit to operate a beauty salon as a home occupation. She will be the sole employee and there is adequate parking in a double-wide driveway. No planning objections."
Nancy Wideman, applicant, presented the case.
Chairman Barber stated that parking would be handled in the driveway. Chairman Barber asked about the entrance and appointments.
Ms. Wideman stated that it was by appointment only and that there is a separate entrance from the house for the salon.
Chairman Barber asked if there would be any deliveries.
Ms. Wideman replied that there would not be any deliveries.
Chairman Barber stated that it is pretty straightforward and asked the Board members if there were any questions.
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 6 - 0. (Marcantonio recused, Aikens absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board had conducted a careful review of this application to determine whether the granting of this application for a customary home occupation would have a substantial negative impact upon the environment. This Board determines that there will not be a negative impact based upon the comments provided to us by the Town Planner, the Town Planning Board and also by the applicant at tonight's hearing. Therefore I move that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 6 - 0. (Marcantonio recused, Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4031
Request of Nancy Wideman for a Special Use Permit under the Zoning Law to permit: the use of a 70sf area of space in the basement of an existing single family home as a hair salon, a customary home occupation. All parking for this business will be located in the existing driveway.
Per Articles III & V Sections 280-14 and 280-52 respectively
For property owned by Nancy Wideman
Situated as follows: 5 Velina Drive Albany, NY 12203
Tax Map #52.05-2-6 Zoned: R15
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening. There were no comments received either orally or written.
The Board adopted a negative declaration under SEQRA for this Unlisted Action.
The Town Planning Board recommended approval.
The Town Planner had no objections.
The Board further finds that the applicant has met all the requirements for a customary home occupation; adequate off-street parking, customers will be by appointment only, there is a separate entrance from the main entrance and there will be no employees.
In granting this decision, the Board imposes the following conditions.
Adherence to the plans as submitted by the applicant.
There shall not be more than six clients per day as stated in the application.
There shall be no deliveries.
There shall be continued compliance with the requirements necessary for a customary home occupation.
The Zoning Adminsitrative 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 6 - 0. (Marcantonio recused, Aikens absent, Remmert alternate)
MATTER OF PAD CHAPPIDI - 8024 GREGORY LANE
Tom Remmert 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. 4030
Request of Pad Chappidi for a Variance of the regulations under the Zoning Law to permit: the placement of a 12.5' x 8' storage shed within a side yard and within two feet of the property line. Two variances are sought: 1) to allow storage shed within a side yard and 2) to allow a reduction of three feet from the required five foot setback.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Padmanabha Chappidi
Situated as follows: 8024 Gregory Lane Schenectady, NY 12303
Tax Map #27.04-4-18 Zoned: RO30
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 2, 2007"
The file consists of the mailing list to 35 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a project narrative, plot plans and some photos of the property.
The Town Planner had the following comments: "The applicant has requested an area variance for the placement of a shed on a corner lot. I have no planning objections to the placement at the side of the house but there appears to be no reason why the shed cannot be correctly placed 5' from the property line."
Pad Chappidi, applicant, presented the case. Mr. Chappidi stated that if they moved the shed so that they would not need a variance, it would be in an awkward spot hindering traffic. The shed would have to go in an area adjacent to four neighboring yards. The proposed placement of the shed would make it neatly tucked in and would not destroy the surrounding area.
Chairman Barber stated that he does not have a problem with the side yard variance but asked why it could not be moved the full five feet off of the property line.
Mr. Chappidi replied that there are a couple of sprinkler systems and he did not know how the lines ran through the ground.
Chairman Barber stated that the side yard variance was fine but asked the applicant to work with Don Cropsey to minimize the variance off the property line.
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. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4030
Request of Pad Chappidi for a Variance of the regulations under the Zoning Law to permit: the placement of a 12.5' x 8' storage shed within a side yard and within two feet of the property line. Two variances are sought: 1) to allow storage shed within a side yard and 2) to allow a reduction of three feet from the required five foot setback.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Padmanabha Chappidi
Situated as follows: 8024 Gregory Lane Schenectady, NY 12303
Tax Map #27.04-4-18 Zoned: RO30
The decision is based upon the following findings of fact:
A public hearing was duly noticed and held this evening and no residents provided either written or oral comments.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had comments which the Board has considered here this evening.
The Board finds that the side yard variance is appropriate as it is a corner lot which created a very small rear yard and creates a unique situation.
The Board further notes that there is an existing line of arborvitae along Coons Road which provided an adequate buffer on that side.
With regards to the side yard setback, the Board finds that there appears to be adequate space to provide for the full five foot setback and asked the applicant to work with Don Cropsey on maximizing that as much as possible.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted but to be modified to the extent that Don Cropsey is able to determine that the shed can be placed beyond the five-foot setback.
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. (Aikens absent, Remmert alternate)
The Board approved the minutes of 2-21-07.
OTHER:
The Board discussed and approved amended renderings provided by Stewarts for the proposed building at Mill Hill Court. Vote 7 - 0.
The Board approved a one-year extension for the Special Use Permit for the expansion at Sandell Manufacturing on Wayto Road. Vote 7 - 0.
The Board appointed Boswell Engineering as TDE to review the applications from Clearview LLC at Lone Pine Road, Tower Place and Willey Street. Vote 7 - 0.
SIGNS:
The Board approved a replacement sign for Dutch Manor Stables at 2331 Western Avenue subject to appropriate landscaping at the base of the sign. Vote 7 - 0.
The Board approved a 24sf face replacement for Daniel Keegan at 1820 Western Avenue. Vote 7 - 0.
The meeting adjourned at 8:45pm.
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