Members Present: Peter Barber, Chairman
Patricia Aikens
Sharon Cupoli
Chuck Klaer
Mike Marcantonio
Susan Macri
Tom Remmert, Alternate
James Sumner
Janet Thayer, Counsel
____________________________________________________________________
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 COLONIAL CAR WASH - 1769 WESTERN AVENUE
Chairman Barber stated that this is continued from a prior public hearing.
There was discussion regarding moving the dumpster over in front of the new berm underneath light pole #3.
Chairman Barber asked what the height of the light poles was going to be.
Mr. Caponera replied 18'.
Chairman Barber replied that the Board generally only allows 12'.
Chairman Barber stated that there were concerns regarding the dumping going on behind the automatic car wash and that needed to stop.
There was discussion regarding the measures that would be taken to remove the sediment from the car wash.
Chairman Barber asked if the parcels would be merged.
Mr. Caponera replied that it would be done if the Board required it.
Chairman Barber asked Don Cropsey if he was satisfied with the height of the berm.
Don replied that it should be adequate with the landscaping on top of it.
Chairman Barber stated that he would like to see some street scape trees along Rt. 20.
There was discussion regarding the height of the berm.
Jim Sumner had concerns with the traffic flow on the property.
Mr. Caponera replied that it will be far more restrictive in terms of what is allowed in and out so there will be a lot more room for stacking inside the facility.
There was discussion regarding the traffic flow and ingress and egress.
Chairman Barber asked if there were any questions or comments from the residents.
Pat Gray, neighbors directly behind the car wash, stated that the Board had taken care of a number of their concerns. Mrs. Gray asked if the silt presently on the site would be removed.
Chairman Barber stated that the solid waste presently on site is an enforcement issue and would be handled by DEC but in the future there would be no dumping of grit, garbage or anything on the back parcel.
Mrs. Gray asked about snow removal.
Chairman Barber stated that it would be handled on site but it cannot be pushed onto the neighbor's property and if that is the result, it would need to be trucked off site.
Mrs. Gray was hoping for a larger entrance sign so people would not be pulling into their driveway.
Dean Gray Jr. had concerns regarding the drainage and that there is access around Camp Terrace.
Chuck Klaer suggested Norway Spruce trees instead of the pines.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber stated that the SEQRA motion was done for the use variance.
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 3821
Request of Victor Caponera for an Area Variance and Special Use Permit under the Zoning Law to permit: the demolition of an existing self-service car wash facility, a nonconforming use, and to reconstruct a similar car wash facility in a different location on the same lot. Area variances are sought for the following: to allow placement of the proposed structure within a 45' front setback along Camp Terrace.
Per Articles III, IV & V Sections 280-20, 280-25 & 280-51 & 52 respectively
For property owned by Fusco Enterprises, Inc.
Situated as follows: 1769 Western Avenue Albany, NY 12203
Tax Map # 52.09-4-12.2 Zoned: LB
This motion is granted upon the following findings of fact:
· A public hearing was duly noticed and numerous meetings have been held as reflected in the record.
· The notice was supplemented by mailing legal notices to neighboring property owners within 750' of said parcel. Comments have been received from residents on Camp Terrace.
· The Board adopted a negative declaration under SEQRA when it adopted the use variance at a previous meeting.
· Albany County Planning Board's recommendation of 8-19-04 was modify with local approval with certain conditions which the Board will be following this evening.
· In a decision dated 2-1-06, this Board granted a Use Variance based upon the submission by the applicant of financial information and also review by the TDE Walter Kresge and also looking at the other criteria for a Use Variance as set forth in NYS Town Law.
· There is a report in the record prepared by ABD Engineering regarding the proposed site and addressing some traffic circulation issues; also a report by Synthesis Architects regarding the potential decibel levels anticipated for the relocated car wash.
· The setback variance along Camp Terrace if granted will permit the new facility to move forward on the property and away from residential properties. The structure is approximately 20' from Camp Terrace on the north side and will be almost 100' after this relocation.
· The proposal also provides berming which also has been enhanced since the prior review and extensive landscaping to further reduce any impacts upon the neighbors.
· The applicant also had indicated his willingness to install the appropriate 6' stockade fence to further deal with issues that might impact upon the neighbors.
· The revised traffic circulation and the reduction of the self service bays from 6 to 5 will permit the stacking of cars on site and reduce any overflow onto Camp Terrace. It will also enable cars to pull through the site and not have to back up and cause potential traffic conflicts.
· The proposal provides for a reduced curbcut onto Camp Terrace that will reduce the amount of pavement as the rear of the property and doubles the amount of greenspace on site.
In granting this decision, the Board imposes the following conditions:
· Adherence to the plans as submitted as modified as follows: the 6' stockade fence along the back of the property as determined by the Zoning Administrator, the relocation of the dumpster on the rear of the property to a site closer to the berm, lighting poles shall not be higher than 12' with down casting shoe box with a 0 foot candle power at the property line, the final lighting plan shall be submitted to the Board for its review and approval, modify the plan to include the installation of streetscape trees of maple, oak, ash or whatever is deemed most appropriate by the determination of the Zoning Administrator, look at the landscaping along the back of the property on the berm.
· Snow removal shall be handled on site and shall not be placed in such a way as to impact upon the neighbors and if the snow cannot be effectively handled on site, it shall be trucked off site.
· The construction hours shall be limited to Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
· The applicant has agreed not to use any compacting or vibrating devices during the construction.
· As required by the Albany County Planning Board, NYSDOT approval for the assessment of highway access, ACHD review of the assessment of the water supply and wastewater treatment capacity and the Albany Pine Bush Preserve Commission regarding recommendations in the Albany Pine Bush Management land.
· No on site storage of car wash grit from the traps (both the automatic and self service) and no dumping of car wash grit or debris at the rear of the combined properties.
· DEC and approval of a disposal plan for any removal off site.
· The merger of both lots to avoid any setback need for variances.
· The applicant shall comply with the Town's noise ordinance.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If these variances are not exercised within one year of date of issuance, they are hereby declared to be null and void and revoked in their entirety. Motion seconded by Sharon Cupoli. Vote 6 - 1. (Sumner)
MATTER OF ALLAN SHOLTES - 6239 FOUNDRY ROAD
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. 3931
Request of Allan & Joanne Sholtes for a Variance of the regulations under the Zoning Law to permit: the construction of an attached carport over an existing concrete pad within a required side yard and the placement of a 10' x 20' storage shed in a side yard. A side yard variance is requested for the carport. A 15' setback is required, 3' is proposed, a 12' variance is requested. A variance is also sought to allow the storage shed in a side yard.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Allan and Joanne Sholtes
Situated as follows: 6239 Foundry Road Guilderland, NY 12084
Tax Map #s 50.00-3-6 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of April, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 27, 2006"
The file consists of the mailing list to neighboring property owners within 500' of said parcel, the Town's required forms for an Area Variance, a narrative, the Town Planners comments, a letter from their neighbor stating they had no objection to the carport and a survey of the property.
The Town Planner had the following comments: "The applicant is requesting area variances to construct a carport and shed in a required side yard. No planning objections."
Allan Sholtes, applicant, presented the request.
Chairman Barber stated that there were two variances; the carport which will be covering an existing concrete pad and stated that shifting the driveway to the other side of the house causes problems in terms of the topography and getting closer to the bend in the road.
Mr. Sholtes stated that the Town has begun work clearing brush and trying to improve sight distance along the road.
Chairman Barber stated that on the other side where the applicant wishes to place his shed; he does not have much space in back of the house because of the treed lot and the steep ravine.
Mr. Sholtes stated that there is just not room to place the shed behind the house.
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. 3931
Request of Allan & Joanne Sholtes for a Variance of the regulations under the Zoning Law to permit: the construction of an attached carport over an existing concrete pad within a required side yard and the placement of a 10' x 20' storage shed in a side yard. A side yard variance is requested for the carport. A 15' setback is required, 3' is proposed, a 12' variance is requested. A variance is also sought to allow the storage shed in a side yard.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Allan and Joanne Sholtes
Situated as follows: 6239 Foundry Road Guilderland, NY 12084
Tax Map #s 50.00-3-6 Zoned: R15
The Board bases this decision on the following findings of fact:
· Legal notice of this hearing was duly published and supplemented by mailing legal notice to property owners within 500' of said parcel. One resident provided a written comment stating no objection to the proposed carport.
· This is a Type II Action under SEQRA, not requiring SEQRA review.
· The Town Planner, in her recommendation of 3-29-06 noted no objections.
· With regard to the side yard variance for the carport, the Board notes that there is an existing 13' wide strip of concrete alongside the house that the adjacent neighbors have no objection to the requested variance and the topography on the other side of the house and the proximity to the bend in the road all combine to make it inadvisable to shift the driveway to the other side of the house.
· With regard to the side yard variance for the shed, the Board finds that the rear of the property is a steep wooded back yard making it unsuitable for the placement of a shed. The topography consisting of a hill, a sharp bend in Foundry Road and the nearest house being approximately 2/10 of a mile down the road renders the proposed site of the shed virtually not visible to property owners on that side of the road.
· Allowing the shed will promote the appearance of the site by allowing for the storage inside the shed and removing the blue tarp that has been used at present to cover equipment.
In granting this application, the Board imposes the following conditions:
· Adherence to the plans submitted including that the storage shed shall blend with the house in terms of the brick and painted trim.
· In citing the shed, work with the Zoning Administrator to the extent possible to minimize the side yard variance.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If these variances are not exercised within one year of date of issuance, they are hereby declared to be null and void and revoked in their entirety. Motion seconded by Sharon Cupoli. Vote 7 - 0.
MATTER OF HENNO KARMO - 14 TERRY AVENUE
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 3930
Request of Henno and Susan Karmo for a Variance of the regulations under the Zoning Law to permit: the construction of a single story addition within a required front yard on an existing undersized building lot. A 25' front yard setback is required; 24' is proposed, a 1' variance is requested.
Per Articles IV & V Sections 280-31 & 280-51 respectively
For property owned by Henno and Susan Karmo
Situated as follows: 14 Terry Avenue Schenectady, NY 12303
Tax Map #s 15.14-2-4 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of April, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 27, 2006"
The file consists of the legal advertisement with mailing to 44 neighboring property owners along with the application for an area variance completed by the property owners, the Town Planners comments, a narrative, a plot plan and proposed floor plan.
The Town Planner had the following comments: "The applicant is requesting a 1' area variance to construct a small addition to a single family house. No planning objections."
Henno Karmo, applicant, presented the request.
Chairman Barber stated that it seems pretty straightforward. Chairman Barber asked if they had spoken to their neighbors.
Mr. Karmo replied that they were in support of the application.
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. 3930
Request of Henno and Susan Karmo for a Variance of the regulations under the Zoning Law to permit: the construction of a single story addition within a required front yard on an existing undersized building lot. A 25' front yard setback is required; 24' is proposed, a 1' variance is requested.
Per Articles IV & V Sections 280-31 & 280-51 respectively
For property owned by Henno and Susan Karmo
Situated as follows: 14 Terry Avenue Schenectady
This motion is granted upon the following findings of fact:
· This public hearing was duly noticed and held today. No residents provided either oral or written comments.
· This is a Type II Action under SEQRA, not requiring any SEQRA review.
· The Town Planner had no objections.
· The Board further finds that the one-foot variance is diminimous and that the character of the neighborhood would not be negatively impacted upon.
· There will be no impact upon neighboring properties. There is a history of small size variances in this neighborhood.
· The variance will enable the construction of a larger kitchen and cannot be achieved by any other financially feasible means.
In granting this application, the Board requires that the following conditions be met and adhered to:
· Adherence to the plans as submitted.
· Construction hours shall be Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
· The use of materials involved with the expansion shall be consistent with the existing home.
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 ALDO VIGNOLESI - 1800 WESTERN AVENUE
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:
Special Use Permit Request No. 3932
Request of Aldo Vignolesi for a Special Use Permit under the Zoning Law to permit: the use of 1050sf of space in an existing shopping plaza for a pizzeria.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Guilderland Associates, LLC.
Situated as follows: 1800 Western Avenue Albany, NY 12203
Tax Map #s 52.09-5-10 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of April, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 27, 2006"
The file consists of the legal advertisement with mailing to 50 neighboring property owners, the towns required forms for a Special Use Permit, the Town Planner's comments, the Town Planning Board's site plan review, the Albany County Planning Board's recommendation, a lease agreement, a narrative and a site plan.
The Town Planner had the following comments: "The applicant is requesting a special use permit to open a 24 seat pizzeria in Cosimos Plaza. All site conditions have been previously approved and the plaza has excess parking. No planning objections subject to the normal conditions imposed on food service related businesses."
The Town Planning Board recommended with no suggestions or conditions.
The Albany County Planning Board's recommendation was modify local approval to include review by the Albany County Department of Health for a food service and any other required permits.
Aldo Vignolesi, applicant, presented the request. Mr. Viglonesi gave a brief overview of the project.
Chairman Barber asked if they were relocating from another location.
Mr. Vignolesi replied that he purchased Sbarcheesys and was hoping to relocate to this plaza.
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 Chuck Klaer. Vote 7 - 0.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board had conducted a review of this application to consider whether or not the granting of the application would cause a significant negative impact upon the environment. This review consisted of review and comments provided to us by the Albany County Planning Board, the Town Planning Board, the Town Planner and also the review of the application and the public hearing here this evening. Based upon our review of these materials we find that a negative declaration should be issued." Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion for approval of:
"Special Use Permit Request No. 3932
Request of Aldo Vignolesi for a Special Use Permit under the Zoning Law to permit: the use of 1050sf of space in an existing shopping plaza for a pizzeria.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Guilderland Associates, LLC.
Situated as follows: 1800 Western Avenue Albany, NY 12203
Tax Map #s 52.09-5-10 Zoned: LB
This motion is granted upon the following findings of fact:
· A public hearing was duly noticed and there were no comments received; either written or oral.
· This Board adopted a negative declaration under SEQRA by a unanimous vote.
· The Albany County Planning Board's recommendation of 3-16-06 was review by ACDH for food service and any other required permits.
· The Town Planning Board's site plan review of 3-8-06 was to recommend.
· The Town Planner's memo of 3-29-06 noted no objection.
· The Board further finds that the proposed site is in an approved shopping center with excess parking and preexisting conditions.
· A sit down restaurant without a drive thru is a permitted use in a Local Business zone which is tantamount to a finding that it is not inconsistent with the character of the neighborhood.
The Board grants this request with the following conditions:
· Adherence to the plan or location as submitted.
· The hours as set forth in the application which are Monday - Thursday 10am to 10pm, Friday and Saturday from 10am to 11pm and Sunday from 11am to 9:30pm.
· Albany County Department of Health review of food service and other permits.
· An odor free environment shall be maintained as measured at the property line meaning the installation of appropriate filters or devices.
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.
The Board approved a 8sf subdivision identification sign for Marini Builders at Saddlebrook subdivision on Johnston Road. Vote 7 - 0.
The Board approved 2 building mounted signs for Walgreens for a total of 50sf.
Vote 7 - 0.
The Board approved a 23.75sf building mounted sign for Adirondack Tire at 1610 Western Avenue. Vote 7 - 0.
The Board approved two signs for Prescribed Realty; a 24sf for the existing building and 48sf for the new building. Vote 7 - 0.
The Board discussed two signs with changeable copy and postponed both signs to discuss them with the applicants.
The Board approved the minutes of 3/1/06.
The meeting adjourned at 9:20pm.
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