Members Present: Peter Barber, Chairman
Patricia Aikens
Chuck Klaer
Mike Marcantonio
Susan Macri
Tom Remmert, Alternate
James Sumner
Janet Thayer, Counsel
Absent: Sharon Cupoli
____________________________________________________________________
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 PATRICIA LOCHNER - 25 VELINA DRIVE
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 & IV, V of the Zoning Law on the following proposition:
Special Use Permit/Variance Request No. 3917
Request of Ronald and Patricia Lochner for a Variance of the regulations and Special Use Permit under the Zoning Law to permit: to use a portion of an existing single family home as an in-law apartment. A variance is requested to allow the area of the apartment to be greater than 750 sf.
Per Articles III, IV & V Sections 280-14, 51 & 52 respectively
For property owned by: Patricia and Ronald Lochner
Situated as follows: 25 Velina Drive, Albany, NY 12203
Tax Map # 52.05-1-5 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 4th of January, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: December 27th, 2005"
The file consists of the mailing list to 58 neighboring property owners who were notified by mail, the application, a SEQRA declaration form for an Unlisted Action, the Town Planners comments, the Town Planning Board's site plan review, plot plans and narrative as submitted by the applicant.
Gene Warnkin represented his parents on the application.
Chairman Barber asked who would be living in the in law apartment.
Mr. Warnkin replied that he would be living there.
Chairman Barber stated that he did not think the size was much over the 750sf allowed. Chairman Barber also stated that this was originally built back in 1991 for in laws that have since passed away.
Mr. Warnkin stated that was correct; it was originally for his stepfathers parents who have passed away.
Chairman Barber asked the Board members if they had any questions.
Mike Marcantonio stated that he had seen a for sale sign in front of the house.
Mr. Warnkin stated that his parents do have their house up for sale after the tax increase.
Chairman Barber stated that people can apply for the in law apartment now and if they sell the house to someone else who is similarly situated the new owner can take the same benefits that the applicant is seeking tonight. One of the requirements is that every year the homeowner does need to reapply to reaffirm that they still meet the requirements of the ordinance.
Chairman Barber asked if there were any questions or comments from the residents.
There was discussion regarding the sale of the house and the possible cessation of the special use permit.
Chairman Barber made a motion to close the public hearing. Motion seconded by Patricia Aikens. Vote 7 - 0. (Cupoli absent, Remmert alternate)
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 will have a negative impact upon the environment. This review consisted of the public hearing this evening and also the comments provided to the Board by the Town Planning Board and the Town Planner. Based upon our review and the comments provided, this Board determines that there will be no impact upon the environment and that a negative declaration should be issued." Motion seconded by Chuck Klaer. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion for approval of:
"Special Use Permit/Variance Request No. 3917
Request of Ronald and Patricia Lochner for a Variance of the regulations and Special Use Permit under the Zoning Law to permit: to use a portion of an existing single family home as an in-law apartment. A variance is requested to allow the area of the apartment to be greater than 750 sf.
Per Articles III, IV & V Sections 280-14, 51 & 52 respectively
For property owned by: Patricia and Ronald Lochner
Situated as follows: 25 Velina Drive, Albany, NY 12203
Tax Map # 52.05-1-5 Zoned: R15
The Board finds the following facts:
v Legal notice of this hearing was published and supplemented by mailing legal notice to property owners within 750' of subject property. There were no comments provided, either written or oral.
v This is an Unlisted Action under SEQRA and this Board adopted a negative declaration by a unanimous vote.
v The Town Planning Board and the Town Planner both had no objection of this application.
v The Board finds that this in law apartment was constructed in 1991 with a building permit and a certificate of occupancy and that the in law apartment regulation was not adopted until October 1994. In 2003 the in laws who had resided in the apartment passed away and the apartment is now occupied by the son of the applicants.
v In a letter dated September 30, 2005, Rodger Stone, Zoning Enforcement Officer, notified the owners of the need to apply for a special use permit and the applicants promptly applied for that permit.
v The Board further finds that the conditions set forth in Section 280-14C(11) of the code regarding a Special Use Permit have been complied with.
v The variance, if there is one, is not substantial and will not impact upon the characacter of the neighberhood.
The Board grants this request with the following conditions:
v Compliance with requirements of the Town Code Section 280-14C(11) regarding the filing of the deed and the annual permit requirements.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
Motion seconded by Tom Remmert. Vote 7 - 0. (Cupoli absent, Remmert alternate)
MATTER OF ROSEWOOD BUILDERS - 41 JEAN PLACE
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 & IV, V of the Zoning Law on the following proposition:
Special Use Permit/Variance Request No. 3916
Request of Rosewood Home Builders for a Variance of the regulations and Special Use Permit under the Zoning Law to permit: the use of a portion of an existing single family home as an in-law apartment. A variance is requested to allow the area of the apartment to be less than 550 sf.
Per Articles III, IV & V Sections 280-14, 51 & 52 respectively
For property owned by: Clifford and Sarah Waldman
Situated as follows: 41 Jean Place, Schenectady, NY 12303
Tax Map # 15.17-1-97 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 4th of January, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: December 27th, 2005"
The file consists of the mailing list to 40 neighboring property owners along with the appropriate fire district, the Town's required forms for a Special Use Permit, a short environmental assessment for this Unlisted Action and a waiver of appearance before the EDAC, a narrative, plans and maps of the parcel, and a deed dated November 23, 2005 with the required covenant regarding the in law apartment language as required by the code.
The site plan review by the Town Planning Board was recommend with no suggestions or conditions.
The Town Planner had the following comments: "The applicant is requesting a special use permit for an in law apartment that has already been constructed. The unit appears to meet the zoning regulations and the site has adequate parking. No planning objections."
Nia Cholakis, general counsel for Rosewood, presented the application and gave an overview of the application. Ms. Cholakis stated that the in law apartment is occupied by Mrs. Waldmans mother. Ms. Cholakis stated that the deed has been recorded containing the covenant and the applicants are aware of the annual in law apartment requirements.
Chairman Barber asked the Board members if they had any concerns or questions.
Chuck Klaer asked where the kitchen would be located.
Ms. Cholakis replied that it would be in the sitting area; there is no kitchen in there right now.
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 Tom Remmert. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of this Special Use Permit and Variance will have a negative impact upon the environment. This review consisted of the public hearing this evening, the review of the application submitted by Rosewood Builders and also the comments provided to the Board by the Town Planning Board and the Town Planner. Based upon our review we can determine that there will be no negative impact upon the environment and that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion for approval of:
"Special Use Permit/Variance Request No. 3916
Request of Rosewood Home Builders for a Variance of the regulations and Special Use Permit under the Zoning Law to permit: the use of a portion of an existing single family home as an in-law apartment. A variance is requested to allow the area of the apartment to be less than 550 sf.
Per Articles III, IV & V Sections 280-14, 51 & 52 respectively
For property owned by: Clifford and Sarah Waldman
Situated as follows: 41 Jean Place, Schenectady, NY 12303
Tax Map # 15.17-1-97 Zoned: R15
The Board finds the following facts:
v Legal notice of this hearing was published and supplemented by mailing legal notice to property owners within 750' of subject property. There were no comments provided, either written or oral. The owners of the property were present at the hearing and are consenting to the relief requested by Rosewood Home Builders.
v This is an Unlisted Action under SEQRA and this Board adopted a negative declaration by a unanimous vote.
v The Town Planning Board and the Town Planner both had no objection to the requested relief.
v The Board further finds that the in law apartment is newly constructed and meets the Town's requirement in terms of being provided for a relative namely a 90 year old mother in law.
v The Board finds that the variance of approximately 50sf is insubstantial and will not have an impact upon either the character of the neighborhood or the environment and would not result in any undesireable impact upon the neighborhood.
v There is adequate parking on site to handle the additional needs as required by the Town Code.
v The applicant has already provided the Town with a recorded deed with the Albany County Clerks Office that contains the required covenants set forth in the Town Code.
The Board grants this request with the following conditions:
v Compliance with requirements of the Town Code Section 280-14C(11) regarding the filing of the deed and the annual permit requirements.
v Upon cessation of the special use permit, any kitchen facilities will be removed from the apartment.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
Motion seconded by Chuck Klaer. Vote 7 - 0. (Cupoli absent, Remmert alternate)
SIGNS:
The Board approved a 24sf sign for Nextel located at 2027 Western Avenue with the condition that they work with Don Cropsey on any appropriate landscaping at the base of the sign. Vote 7 - 0.
The Board approved a 32sf building mounted sign for Capital Board and Bike at Karner Plaza. Vote 7 - 0.
The Board approved a 32sf building mounted sign for Merle Norman at 1800 Western Avenue. Vote 7 - 0.
The Board approved a 32sf business identification sign and a 3sf 24hr ATM sign for Berkshire Bank at Twenty Mall. Vote 7 - 0.
The meeting adjourned at 8:10pm.
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