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 OPEN DOOR CHURCH - 2323 WESTERN AVENUE
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. 3927
Request of Douglas Turner for a Special Use Permit under the Zoning Law to permit: the conversion of a previously approved building, Center for Teens, to a religious facility.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property under purchase agreement between Frederica Conway etal and Open Door Church
Situated as follows: 2323 Western Avenue Guilderland, NY 12084
Tax Map #s 39.00-4-9.2 Zoned: LB & AGR
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 1st of March, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 22, 2006"
The file consists of the mailing list to 20 neighboring properties along with the appropriate fire district, the completed forms for an area variance and a special use permit, a narrative for both, a Short Environmental Assessment Form for this Unlisted Action, Albany County Planning Board's recommendation of 2/19/06, the Town Planners comments, the Town Planning Board's site plan review of 2-22-06, a narrative and a purchase agreement for the property along with a site plan for the property.
Albany County Planning Board's recommendation of 1/19/06 was defer to local consideration with the advisory note - notwithstanding the above, the Albany County Planning Board encourages the applicant to consider a plan to install sidewalks over time consistent with the Town of Guilderland's plan to provide greater pedestrian access along Western Avenue.
The Town Planning Board's site plan review of 2-22-06 was "recommend with the following; provision of a landscaping plan."
The Town Planner had the following comments: "The applicant has applied for a special use permit to use a former teen center building as a church. Parking is more than adequate and there are no site plan changes anticipated. The problem with this site has always been the access. There is no center turning lane, and making a left out of the site onto Western Avenue can be difficult, especially during peak traffic times. A church seems to be a good fit since their traffic is concentrated at times when normal traffic is at its lowest. No planning objections."
David Politzer (?) of Herzog, Engstrom and Koplovitz and Douglas Turner presented the case. Mr. Politzer gave a brief overview of the application. Mr. Politzer stated that a portion of the property between the building and the street is not owned by the church and the property dead ends at the pond.
Chairman Barber stated that in the event DOT installed sidewalks along Rt. 20, the applicant would work with them.
Chuck Klaer asked the square footage of the building and the size of the congregation.
Mr. Turner replied that the building is 6800sf and they currently have two full time employees and the average Sunday morning attendance is 54.
Chuck Klaer asked if the 54 people would be coming to both the morning and evening services.
Mr. Turner replied that would be their intention.
Chuck Klaer asked how many nights there would be bible study.
Mr. Turner replied that their intention at this point is to have bible study on Wednesday nights.
Jim Sumner asked if there would be a day care center involved with the property.
Mr. Turner stated that they had no intention of having a day care facility.
Jim Sumner asked if there was any kitchen or any food preparation.
Mr. Turner replied that at this time there is no adequate kitchen space and no hood or venting systems.
Chairman Barber asked if there were any questions or comments from the residents regarding the application. 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 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 would have a significant impact upon the environment. This review consisted of the public hearing this evening, the comments provided by both the Town Planner and the Town Planning Board and also the comments provided by the Albany County Planning Board. Based upon our review of the application and the comments submitted by the various agencies we have determined that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion for approval of:
"Special Use Permit Request No. 3927
Request of Douglas Turner for a Special Use Permit under the Zoning Law to permit: the conversion of a previously approved building, Center for Teens, to a religious facility.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property under purchase agreement between Frederica Conway etal and Open Door Church
Situated as follows: 2323 Western Avenue Guilderland, NY 12084
Tax Map #s 39.00-4-9.2 Zoned: LB & AGR
The granting of this motion is based upon the following findings of fact:
q A public hearing was duly noticed and publicized and legal notice was sent to neighboring property owners within 750' of subject property. There were no written or oral comments provided at the public hearing this evening.
q This Board adopted by unanimous vote a negative declaration under SEQRA for this Unlisted Action.
q The Albany County Planning Board recommendation of 1/19/06 was defer to local consideration with an advisory note regarding the sidewalk.
q Site plan review dated 2/22/06 by the Town Planning Board was recommend with a note regarding landscaping plan to be submitted.
q The Town Planner had no objections to the proposal.
q The Board further finds that a religious facility as proposed in the application is a permitted use in the zone.
q It appears that based upon the projected at this point as submitted in the application that parking on site is more than adequate.
q The property is landlocked with access to Western Avenue via a 30' right-of-way.
In granting this application, the Board requires that the following conditions be met:
q Adherence to the plans and the application submitted by the applicant.
q The use and hours of operation shall be consistent with those set forth in the application.
q The applicant shall work with the Zoning Administrator on the installation of any appropriate landscaping necessary on the site.
q The applicant shall work with the DOT with the installation of a sidewalk particularly should the adjacent property further to the west be developed.
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 Sharon Cupoli. Vote 7 - 0.
MATTER OF CONNIE WARE - 2026 WESTERN AVENUE
Counsel Thayer read the legal notice:
"Special Use Permit/Variance Request No. 3926
Request of Connie Ware for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the conversion of a previously approved flower shop to a sit down restaurant. A 500sf addition to the rear of the building is anticipated for a total sf area of 3300sf. The restaurant will have 60 seats on the first floor with a private meeting/dining room for 10 on the second floor. 45 parking spaces are required. 21 spaces will be provided on site with the balance provided through a parking agreement at 2020 Western Avenue. Variances are requested to allow a portion of the expansion in a required front yard and to allow parking in a required side yard.
Per Articles III, IV & V Sections 280-20, 280-25 & 280-51 & 52 respectively
For property under purchase agreement between Connie Ware and the Estate of David Archibald
Situated as follows: 2026 Western Avenue Albany, NY 12203
Tax Map #s 51.07-2-28 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 1st of March, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 21, 2006"
The file consists of the mailing list to 60 neighboring property owners, the Town's required forms for a Special Use Permit, the Short Environmental Assessment Form, the Albany County Planning Board's recommendation, the Town Planning Board's site plan review, letters from Dr. Gagliardi indicating his consent to allow the use of his parking lot across Cornell Avenue for post 4pm use, a purchase contract, renderings, a narrative, a revised site plan and a lease agreement with Dr. Gagliardi.
The Albany County Planning Board's recommendation of 1/19/06 was: "Modify local approval to include review by the ACDH for food service and other required permits."
The Town Planner had the following comments: "The applicant has applied for a special use permit to convert the former Phoebe's Florist shop into a sit down restaurant. They also plan on constructing a 10' x 47' addition to the rear of the building. The restaurant will have 70 seats and 12 - 14 employees.
As much as I like the idea of an upscale restaurant in an intimate setting, I have not reached a comfort level with how much impact this will have on the adjacent neighborhood. I have the following concerns:
Ø This property was rezoned from BNRP to Local Business in 1992 at the request of Phoebe Archibald who wanted to use the structure as a florist. Much of the approval of that rezone was based on the very low impact a florist would have on the parcel and the surrounding neighborhood.
Ø The lot is less than the required 20,000sf minimum in a Local Business zone. The rear buffer is only 15' rather than the required 25'. These non-conformities were considered minimal when the use was a florist, where most of the business was conducted by phone and there was no nighttime use of the parking. However, with a use that will operate at night and is going to overflow its site for parking, strong mitigation should be required.
Ø Parking requirements for this use are 37 to 47 spaces depending on the interpretation. There are 18 parking spaces on site and the applicant has an agreement with the owner of the office building next door for additional spaces after 5pm. There are no specifics of how many spaces will be leased and whether the owner of the adjacent building will limit any uses that may require evening parking hours.
Ø The narrative states that while they will initially only be open for dinner, opening for lunch is a possibility. There is no mention of how they would accommodate lunchtime parking.
Ø There is no buffering between the rear parking area and the adjoining residence except for a chain link fence. Nighttime parking will certainly have an impact on this house and an adequate screening from headlights should be provided. Further, the lights from vehicles exiting the parking will be directly opposite another residence. How this could be mitigated should be discussed.
Ø Although a sidewalk was required when Phoebe's was approved, the sidewalk was never constructed. This applicant should be required to install the sidewalk which would provide a missing link in a system that extends to Ableman Avenue.
Overall, the narrative does not give enough information to provide a comfort level for this use at this location. Perhaps when there is a dialogue between the Board and the applicant, there will be a better understanding of whether this use will be a good fit."
The Town Planning Board's site plan review was recommend approval with the following conditions: "The removal of existing asphalt drive in front, the installation of a sidewalk along Western Avenue with a direct pedestrian connection to the front entrance, a landscaping plan showing proposed buffer to the adjoining single family residence with proposed lighting plan, a parking agreement with Dr. Gagliardi providing exclusive use to the proposed restaurant on a continuing basis and modify the entrance onto Cornell to show a more functional traffic pattern."
Connie Ware, applicant, presented the case. Ms. Ware stated that the restaurant would be a 60 to 70 seat restaurant with valet parking. The restaurant will not have a bar atmosphere now will they serve bar food. The Western Avenue entrance will be closed off and the Cornell Street entrance will be reconfigured to avoid lights shining into neighbor's windows. Ms. Ware stated that their plan is to be open 5 to 6 hours a day 6 days a week. Ms. Ware stated that they will be a small intimate restaurant with a relaxed dining space which means that there will not be a constant flow of traffic in and out of the parking lot. Dr. Gagliardi's parking lot will also be used for employees and valet parking which should also lessen the impact on neighbors. There will be additional landscaping installed around the
parking lot to act as a buffer between the parking lot and the neighbors.
Chairman Barber asked what had been discussed with the neighbors.
Ms. Ware stated that she had spoken to Mr. Rhoades and at length to Mr. & Mrs. Campbell and their main concern was the increased traffic and the noise. Ms. Ware stated that she insured the neighbors that she would be closing the east side entrance somewhat and also adding shrubbery and greenery for a buffer. Ms. Ware stated that as far as the traffic issue goes, the restaurant will be a very intimate restaurant and they do not expect to have a lot of traffic, the dining experience will be very slow-paced. Ms. Ware discussed the changes to the entrance on Cornell Road.
Chairman Barber asked Ms. Ware if she had discussed with Dr. Gagliardi any measures that he would be willing to take to address any impacts that now take effect as a result of now having a night-time use of that parking lot that was not initially envisioned.
Ms. Ware stated that they would extend the fence along the property and change some of the lighting around Dr. Gagliardi's building.
Chairman Barber asked if there would be lighting in the parking lot.
Ms. Ware replied that there are two lampposts and she would also add some lighting to the back of the building.
Chairman Barber stated that the Board would require an odor free condition at the property line.
Ms. Ware replied that all the equipment that they would be installing would be code approved and they would not be serving a lot of fried foods.
There was discussion regarding the pros and cons of valet parking.
There was discussion regarding eliminating the parking space closest to the Campbell residence and adding more greenspace to mitigate the lights.
Don Cropsey stated that the combination of the fence and the landscaping would mitigate the lights from the vehicles shining into the neighbor's property.
Paige Dunn of 4 Cornell Avenue had concerns regarding the noise, the possible parking overflow, alcohol being served and the change to the neighborhood.
Chairman Barber stated that a restaurant at that location is an allowable use and the Board will be working to mitigate some of the concerns of the residents. Chairman Barber stated that as far as the parking on the street goes, all the Board can do is to make sure the applicant has either off site parking available or available within 300', unfortunately it does not stop people from parking on the street.
Connie Ware discussed the type of clientele that would be coming to the restaurant and the bar would only be a service bar for people waiting to be seated.
Chairman Barber asked Connie Ware how she was going to notify her customers that they could park in Dr. Gagliardi's parking lot.
Connie Ware replied that she would like to put up a small sign and remove it at the end of the evening.
Don Cropsey suggested signage in the parking lot directing traffic to the parking lot.
Elizabeth Shields of 2 Sumpter Avenue had concerns regarding traffic, noise, property values, the lighting, the nighttime use of the parcel, and the change in the neighborhood.
Adrienne Daniels of 11 Cornell Avenue had concerns with the illegal left hand turns out onto Rt. 155 and the traffic exiting the restaurant trying to take a left onto Rt. 20. Ms. Daniels asked what would happen if Dr. Gagliardi's building was sold, what would happen to the parking agreement?
Chairman Barber replied that the lease agreement states that it goes with any subsequent owner of the property.
Maureen Moore of 1 Sumpter Avenue had concerns regarding the noise, the traffic and the lighting.
Phyllis Rhoades of 2 Cornell Avenue stated that she was totally against the proposal. Ms. Rhoades stated that the traffic would be horrendous.
Ken Smith of 11 Sumpter Avenue had concerns regarding lighting, parking, the installation of a sidewalk, the odors from the restaurant and felt that the use was too intense for the location.
Herb Rhoades of 2 Cornell Avenue felt the restaurant was just too big for the lot, had concerns with the traffic, the lighting and the parking agreement with Dr. Gagliardi.
Chairman Barber reiterated that a restaurant is a permitted use in this local business zone and by being listed as a special use means that it is tantamount under the case law of being compatible with the neighborhood. That does not mean however that there cannot be conditions placed upon that use such that the impacts that are identified cannot be adequately addressed to the extent possible.
Chairman Barber stated that he would like to see what could be done at Dr. Gagliardi's parcel to address some of the concerns.
Phyllis Rhoades asked if the restaurant had to be at this magnitude.
Chairman Barber stated that the code requires a certain amount of greenspace, certain setbacks, etc. and the restaurant does fit the code.
Chuck Klaer discussed the intensity of the use.
Ken Smith asked if the parking was preexisting nonconforming or simply illegally done and not caught.
Don Cropsey stated that this was built according to the two different approvals.
There was discussion regarding the sidewalk and the walkways on Western Avenue and Cornell Avenue.
Chairman Barber stated that he felt that the landscaping, eliminating the parking space on Cornell Avenue, requiring odor free at the property line, and that no additional lights in the parking lot does a lot in terms of the lot itself and wanted to make certain that Dr. Gagliardi's use is also addressed. Chairman Barber stated that they do not have the ability to say no just because it is a restaurant because it does not require any variances in terms of the building, setbacks, size, height, etc. The Board needs to look at the impacts on the adjacent parking lot. Chairman Barber stated he would like the applicant to talk to Dr. Gagliardi regarding the neighbors concerns and also have the applicant talk to the neighbors to see what they prefer, fencing or landscaping buffer.
Chairman Barber made a motion to continue. Motion seconded by Sharon Cupoli. Vote 7 - 0.
The Board approved a temporary banner for the UPS Store for two weeks only. Vote 7 - 0.
The Board approved the minutes of January 18, 2006 & February 15, 2006. Vote 7 - 0.
Meeting adjourned at 9:45pm.
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