Members Present: Peter Barber, Chairman
Patricia Aikens
Sharon Cupoli
Chuck Klaer
Mike Marcantonio
Susan Macri
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.
NEW CASES:
MATTER OF GARY AND SUSAN WARNKEN - 111 VAN PATTEN LANE
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. 3925
Request of Gary and Susan Warnken and Robert and Janice Adams for a Variance of the regulations under the Zoning Law to permit: the construction of a 30' x 60' accessory storage building in a rear yard with a building height of 17'. A 2'0" variance is requested over a maximum allowed height of 15'0".
Per Articles III & V Sections 280-14I & 280-51 respectively
For property owned by: Robert and Janice Adams
Situated as follows: 111 VanPatten Lane Albany, NY 12203
Tax Map #s 52.09-3-16 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of February, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 8, 2006"
The file consists of the mailing list to 21 neighboring properties along with the appropriate fire district, the completed forms for an area variance, the Town Planners comments, plans, depiction of the proposed structure, and a lot line amendment waiver dated 2/15/06 signed by Jan Weston and Don Cropsey approving a lot line adjustment for this property.
The Town Planner had the following comments: "The applicant is requesting an area variance for an accessory structure that would exceed the height requirement by two feet. No planning objections with a note that the required subdivision to allow forth transfer of land has not yet been applied for."
Richard Jacobson, representing the applicants, presented the case. Mr. Jacobson stated that they are only asking for a 2' height variance to allow for a camper to fit in the building. Mr. Jacobson stated that this garage would be most visible to the south, Willey Street, and Mr. Warnken is planning a buffer there with vegetation so the garage is less visible. There will be no windows in back of the garage so there will be no light disruption from Willey Street. Mr. Jacobson presented pictures showing the proposed garage from different views.
Chairman Barber stated that it appears the only neighbor to be affected would be one on Willey Street and asked if anyone had contacted them.
Mr. Jacobson replied that they had been in contact with one homeowner on Willey Street but it was a different homeowner.
Jim Sumner stated that the doors to the garage were only 12' and asked why the garage had to be 17'.
Mr. Jacobson replied that there is a removable air conditioning unit on top of the camper that his client would like to leave it on in the garage.
Chairman Barber stated that he would assume that you have to have a 17' height to support a 12' door.
Mr. Jacobson replied that his client stated that the garages are constructed such that if the garage is 17' high, the door has to be that height.
Chairman Barber asked if there were any questions or comments from the residents.
Maurice Warner of 33 Willey Street, the property immediately behind the proposed garage, had concerns regarding the size of the garage.
Chairman Barber stated that the only variance they were seeking was for the height, not the size.
Mr. Warner asked why it had to be set back so far on their property. Mr. Warner stated his biggest concern was fire department access to that structure.
Chairman Barber stated that the location of this garage was not violating the setback requirements. Chairman Barber asked Tom Remmert if he saw any fire department access issues.
Tom Remmert replied that he did not have any major issues; it is not near any other structures, access might be a bit of a problem.
Mr. Jacobson stated that the garage is set back so far because of the topography of the hill. Mr. Jacobson also stated that the garage would be steel.
Steven Ellsbury of 102 Van Patten Lane stated that Mr. Warnken has done a wonderful job of cleaning up the property and had no objection to the project.
Chuck Klaer asked Mr. Warner if he had a preference of color of the building to reduce the visual impact.
Mr. Jacobson stated that the proposed building would be charcoal and gray to allow it to fit into the surrounding area.
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. 3925
Request of Gary and Susan Warnken and Robert and Janice Adams for a Variance of the regulations under the Zoning Law to permit: the construction of a 30' x 60' accessory storage building in a rear yard with a building height of 17'. A 2'0" variance is requested over a maximum allowed height of 15'0".
Per Articles III & V Sections 280-14I & 280-51 respectively
For property owned by: Robert and Janice Adams
Situated as follows: 107 & 111 VanPatten Lane Albany, NY 12203
Tax Map #s 52.09-3-16 Zoned: R15
The motion is granted upon the following findings of fact:
q Public notice was duly noticed and was supplemented by mailing to property owners within 500'. Two residents provided oral comments regarding the application this evening.
q This is a Type II Action under SEQRA, no SEQRA review was required.
q The Albany County Planning Board and the Town Planning Board's review of this application was not required.
q The Town Planner had no planning objections with a note that the subdivision has not been applied for, but there is a lot line amendment waiver dated 2/15/05 signed by both Jan Weston and Don Cropsey indication a lot line amendment would be granted.
q The maximum height requirement for an accessory structure is 15'. The proposed structure meets all setback requirements and no other variances are requested.
q The 2' variance requested is not a substantial request.
q The proposed structure is substantially out of view for most of the neighbors, however there appears to be at least one neighbor whose view of the shed is more apparent than others.
q The site is very wooded, and are topographical factors which do help in screening the shed from adjacent properties.
The Board grants this request with the following conditions:
q The applicant will work with the Town Zoning Administrator and also with the affected neighbors to provide any appropriate screening necessary to screen or buffer the view of the shed from the neighboring properties.
q The definition of an accessory structure requires that the structure be placed upon the same lot as the primary structure so therefore whatever subdivision or merger is done, that needs to take place.
q This shall be in compliance with the lot line amendment dated 2/15/06.
q Any construction of the shed shall be Monday - Friday between 7am and 6pm, Saturday between 9am and 5pm with no construction allowed on Sunday.
q The applicant has stated that the colors of the garage will be gray and charcoal and the Board is condition upon that color scheme and also based upon the plans submitted with the application.
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 1/4/06 and 2/1/06.
The meeting adjourned at 7:50pm.
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