Members Present: Peter Barber, Chairman
Patricia Aikens
Sharon Cupoli
Chuck Klaer
Mike Marcantonio
Tom Remmert, Alternate
James Sumner
Janet Thayer, Counsel
Members Absent: Sue Macri
____________________________________________________________________
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 HOLLY WILLIS - 17 AYRE DRIVE
Chairman Barber stated that this case had been withdrawn.
MATTER OF JEFFREY THOMAS - 6378 GUN CLUB 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:
Special Use Permit Request No. 3937
Request of Jeffrey Thomas of the Thomas Family Charitable Foundation for a Special Use Permit under the Zoning Law to permit: the conversion of an existing church facility to a community center.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by The Thomas Family Charitable Foundation, Inc.
Situated as follows: 6378 Gun Club Road Altamont, NY 12009
Tax Map #s 37.00-2-22 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of May, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 24, 2006"
The file consists of the mailing list to 21 neighboring property owners, the Town's required forms for a Special Use Permit along with a Short Environmental Assessment Form, Albany County Planning Board's recommendation of 4/20/06, Village of Altamont's recommendation of 3/23/06, the Town Planner's comments, the Town Planning Board's site plan review, a letter from Wein, Young, Fenton & Kelsey, PC which included the application along with an explanation of the proposed operations, a contract for the purchase of sale, elevation depictions and a site plan.
Village of Altamont's recommendation of 3/23/06 was modify local approval to include 1) any lighting proposed be cut off type fixtures, 2) applicant working with the village gardener on landscaping property contiguous with Bozenkill Park and 3) consideration be given to a pedestrian walkway to Bozenkill Park.
Albany County Planning Board's recommendation of 4/20/06 was modify local approval to include notification to the Village of Altamont.
The Town Planner had the following comments: "The applicant is seeking a special use permit to convert the former Heidelberg Bible Church to a community center. It is proposed that Community Caregivers will have permanent office space in the building with other not-for-profits using various rooms, as needed.
The building sits on a 7.5-acre parcel adjacent to the Village of Altamont Park. No site changes are proposed. The Village has requested that cut off lighting fixtures be used, landscaping contiguous to the Bozenkill Park be installed and a pedestrian walkway be provided to the park.
No planning objections to the site plan contingent on the above requests of the Village."
The Town Planning Board recommended with the following conditions: pedestrian connection be provided from park entrance to existing driveway and 5' additional right of way be provided along Gun Club Road.
Jeff Thomas, applicant, presented the case. Mr. Thomas stated that this was a much-needed facility in that area. Mr. Thomas stated that the first phase would be the facelift and there would be some minor renovations inside. The second phase would be to pave the parking lot. Mr. Thomas stated that the building would be forever dedicated to local non-profit use and will be provided free of charge.
Chairman Barber asked Mr. Thomas if he had any problems complying with the conditions imposed by either the Village of Altamont or the Planning Board.
Mr. Thomas stated that he did not have a problem with the pedestrian walkway to the Bozenkill Park but did not agree with the 5' additional right of way and did not understand why the Board required that.
Don Cropsey stated that often times when there is a possibility of increasing the entire roadway to the 60' right of way they try and secure additional lands when the right of way is not 60' and believes that was the intent here but in all likelihood will never happen on this road.
Jim Sumner asked how giving up the additional 5' would affect this property.
Mr. Thomas replied that it might affect the building setback and the parking setback and does not seeing it as serving a purpose at this time.
Chuck Klaer asked about the parking plan.
Mr. Thomas replied that their plan now is to use the existing gravel parking surfaces and at a later date come up with a complete pavement plan for the whole project.
Chairman Barber asked Don Cropsey if a gravel parking lot would be sufficient.
Don Cropsey replied that parking is supposed to be paved but Mr. Thomas has indicated that in the fairly near future he is going to pave it.
Chairman Barber asked if there were any questions or comments from the residents.
Michael Donegan of 14 Marion Court stated that there is a real need for meeting space for non-profit organizations in the area and felt that this would be a very welcome addition to the area.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0. (Macri 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 would have a substantial negative impact upon the environment. The Board's review has consisted of the comments provided to us by the Albany County Planning Board, the Town Planner, the Town Planning Board, and the Village of Altamont. Based upon those comments and by our review of the application and the public hearing this evening, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 - 0. (Macri absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 3937
Request of Jeffrey Thomas of the Thomas Family Charitable Foundation for a Special Use Permit under the Zoning Law to permit: the conversion of an existing church facility to a community center.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by The Thomas Family Charitable Foundation, Inc.
Situated as follows: 6378 Gun Club Road Altamont, NY 12009
Tax Map #s 37.00-2-22 Zoned: R20
The Board makes the following findings of fact:
ü A public hearing was duly noticed and held this evening and one resident provided oral comments in support of the application at the hearing this evening.
ü The Board adopted a negative declaration under SEQRA by a unanimous vote.
ü The Albany County Planning Board's recommendation of 4-20-06 was notify the Village of Altamont, which did take place.
ü The Town Planning Board provided the ZBA with a site plan review of 4-20-06 noting the need for a pedestrian connection between the park entrance and the driveway and also a 5' additional right-of-way along Gun Club Road.
ü The Village of Altamont Referral Committee provided the ZBA with comments on 3-23-06 regarding cutoff lighting for fixtures, working with the village gardener on landscaping along the Bozenkill Park and a pedestrian walkway to Bozenkill Park.
ü The Board further finds that the site conditions are preexisting and that no variances are required.
ü The site plan will be amended as noted during the hearing to incorporate the concerns of the Village of Altamont and address one of the concerns by the Town Planning Board.
ü A community center operated by not for profit entities are permitted in this residential zone under 280-14 C(10) and that the community center will provide needed services for Town residents.
In granting this Special Use Permit, the Board requires that the following conditions be met and adhered to:
ü Adherence to the plans as submitted with the addition of a pedestrian connection between the Bozenkill Park and the driveway.
ü Adherence to the elevation drawings submitted by the applicant.
ü The operations will be limited to not for profit entities.
ü Cut off lighting fixtures as requested by both the Planning Board and the Village of Altamont.
ü Cooperate with the Town in terms of granting a 5' right-of-way should the Highway Department determine that Gun Club Road needs to be widened.
ü Work with the Zoning Administrator on the appropriate time for the pavement of the parking lot.
The Zoning Administrative Office 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. (Macri absent, Remmert alternate)
MATTER OF WILDWOOD PROGRAMS - 2995 CURRY ROAD
Pat Aikens 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. 3938
Request of Wildwood Programs for a Special Use Permit under the Zoning Law to permit: an expansion of an existing school facility in three separate additions totaling 28,540sf. An administrative office area of 970sf and two classroom areas of 16,385sf and 11,185sf will be added. The parking area will also be expanded for 20 additional cars for a total of 180 parking spaces. Actual parking total to be determined by the Board.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by N.Y. Associate for the Learning Disabled
Situated as follows: 2995 Curry Road Ext. Schenectady, NY 12303
Tax Map # 28.00-1-20 Zoned: R40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of May, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 24, 2006"
The file consists of the legal advertisement with mailing to 44 neighboring property owners, the Town's required forms for a Special Use Permit along with a Short Environmental Assessment Form for this Unlisted Action, the Albany County Planning Board's recommendation, the Town Planning Board's site plan review, the Town Planners comments, a narrative and plans prepared by Hershberg and Hershberg.
Albany County Planning Board's recommendation of 4/20/06 was "modify local approval to include 1) Submission of the Notice of Intent filed with the NYSDEC affirming that a Stormwater Pollution Prevention Plan has been prepared is being implemented or submission of a Stormwater Pollution Prevention Plan that is consistent with the requirements included in the NYSDEC SPEDES General Permit for Stormwater Discharges (GP-02-01, January 2003) for construction activities that disturb more than one acre of land.
The Town Planning Board's site plan review of 4/26/06 was recommend with no suggestions or conditions.
The Town Planners comments of 4/26/06 were: "The applicants are seeking to revise their special use permit by adding three additions to the current school totaling 28,450sf. The parking area will be expanded but the basic layout and traffic circulation will not change. I have no objections to this proposal but have the following comments:
- The site is not serviced by public utilities and the Health Dept. will have to approve the well and septic capabilities.
- The site is located in the Pine Bush study area and the Commission's input should be requested.
Daniel Hershberg of Hershberg & Hershberg presented the request. Mr. Hershberg stated that the program currently serves 120 students and plan to grow over the next 5 years to serve 150 students. Currently there are 115 on staff and propose to add 25 more staff. Mr. Hershberg stated that from a site plan standpoint, the main changes are that an existing stormwater detention system has to be moved further away from the building to accommodate this addition, adding some parking, and clear some woods for the detention basins.
There was discussion regarding the number of parking spaces needed.
Chairman Barber asked Don Cropsey if he felt that a TDE should review this project.
Don replied that it might be a good idea to have a TDE take a look at the project.
Chairman Barber asked if there were any questions or comments from the residents. There were none.
Tom Remmert stated that he had spoke to the fire chief and he did have some concerns regarding the lack of fire hydrants in the area and regarding sprinkler systems.
Chuck Klaer asked what the hours of operation were.
The response was that there is usually someone there til midnight, the custodial staff; the children are on site from approximately 8:30 to 3:00 and the staff is usually there til around 4pm.
Chuck Klaer asked if the parking lot was lit all night long.
The response was that it is lit all night long; there are parts of the parking lot that are motion sensored lighting.
Chairman Barber made a motion to continue for two weeks to appoint a TDE (Delaware Engineering) to take a look at the stormwater plan, lighting and buffer and also to get any comments if possible from the Pine Bush Commission. Motion seconded by Chuck Klaer. Vote 7 - 0. (Macri absent, Remmert alternate)
Diane Tushman of Curry Road had concerns about the impact on the water table.
Don Cropsey replied that he did not believe that this project would have an impact on the water table; there was no basement being put in and it is slab on grade.
William Kranek of 5936 Curry Road stated that they have experienced a rise in the water table which is a huge issue and has sump pumps running all the time.
Pat Conlon of 5932 Curry Road was totally in favor of the project but stated that he also had problems with water in his basement and has sump pumps running constantly.
Chief Bill Kanas of the Ft. Hunter Fire Department spoke about the lack of hydrants in the area, sprinkler system and the holding tank.
MATTER OF TGI FRIDAYS - STUYVESANT PLAZA
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 IV & V of the Zoning Law on the following proposition:
Interpretation Request No. 3939
Request of Bill Boyle of Carlson Restaurants Worldwide for: an interpretation of the Zoning Law to determine if an architectural element should be included in sign area.
Per Articles IV & V Sections 280-26 & 280-56 respectively
For property owned by Stuyvesant Plaza
Situated as follows: 1475 Western Avenue Albany, NY 12203
Tax Map #s 52.04-2-8 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of May, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 24, 2006"
The file consists of the mailing list to 37 neighboring property owners, the paperwork for the interpretation and renderings.
Chairman Barber stated that this is an interpretation that was a result of the last meeting on this matter. At the last public hearing on the variance, there was some discussion on how the sign area was calculated, what constitutes a sign and whether or not the applicant might want to meet with Don Cropsey to talk about alternative solutions or submit an interpretation request, which is what is here this evening.
Jim Shultz, attorney for Carlson Restaurants, presented the case. Mr. Shultz stated that they wanted to erect two additional signs in addition to the pole sign that is currently along Western Avenue. There is one sign which is affixed to an architectural design element and according to their calculations, it just under 30sf; the other sign is just under 38sf. Mr. Shultz stated that they had met with Don Cropsey to try and convince him why the design element should not be part of the sign from their standpoint.
Chairman Barber asked Don Cropsey and Mr. Shultz how they calculated the square footage. Mr. Shultz replied that they calculated 29.87sf and the method by which they calculated it is the method used under the Zoning Ordinance where they use two rectangles; if you do use the design element, it is significantly larger than that.
Chairman Barber asked Mr. Shultz if a special use permit was granted to TGI Fridays and was there any renderings or elevation drawings submitted at that point.
Mr. Shultz replied that in he was not sure if a special use permit was needed for TGI Fridays back in 1984.
Chairman Barber stated that with a special use permit application the applicant is supposed to submit an elevation drawing and if submitted the Zoning Board states that as one of the conditions for granting the special use permit is adherence to the façade or elevation drawing. So the request could then be considered an amendment to the existing special use permit.
Mr. Shultz replied that you could make that argument if there was a special use permit in place.
Don Cropsey stated that he believed that a special use permit was granted for the construction of TGI Fridays restaurant. Don Cropsey stated that his calculation for the sign was just under 160sf, the other sign he calculated at 44.5sf, and the pylon was 89sf.
Jim Shultz stated that the design element was not designed to serve as a sign, it is designed to break up the brick design area so that you don't have one consistent style, it is to make it look and appear much nice; more aesthetically pleasing.
Chairman Barber asked if the design element was trademark.
Mr. Shultz replied that it is not, the trademark is the TGI Fridays with the lower case i with the dot over it.
Steve Holmes, Director of Operations with TGI Fridays, stated that this is an architectural design that they use to hold the sign and is a separate piece that is fabricated.
Jim Sumner asked why such a large sign was needed inside the plaza to attract local customers.
Jim Shultz replied that you also have to look at the design that they are showing and if you reduce the size of the signs in half, how would it look compared to the size of the building.
Chairman Barber stated that the ZBA looks to see if their signs are in character or harmony with the other signs in the plaza and if all the other signs in the plaza are meeting the 50sf, why can't they?
Jim Shultz replied that it has to be in harmony with the overall character of the neighborhood and said that the pure testament is the support that Stuyvesant Plaza itself has for this sign because it blends well with the facility and supports their strong desire to make Fridays the flagship of the plaza.
There was discussion regarding signage at Crossgates Mall.
Steve Holmes discussed the question why would their building want to use up the extra signage that the other stores didn't need. He stated that Fridays is approximately 10,000sf and this sign package is smaller than they would normally use even on a smaller building.
Chairman Barber stated that he believed that was their better argument - the square footage of the sign is in scale with the size of the building.
Chairman Barber asked if there were any questions or comments from the residents.
Chuck Klaer asked at what point does a consistently used design element begin to become recognizable as Fridays…..even though at some time it might not have been trademarked.
Chairman Barber stated that it is an interesting question with legal aspects to it and wanted the Board members to think about this and also review the special use permit for Fridays.
Chairman Barber discussed the steps that would be taken regarding the interpretation and the variance.
Chairman Barber made a motion to close the public hearing on both the interpretation and the variance. Motion seconded by Sharon Cupoli. Vote 7 - 0. (Macri absent, Remmert alternate)
Chairman Barber made a motion to continue for decision only on both the interpretation and the variance for two weeks. Motion seconded by Sharon Cupoli. Vote 7 - 0. (Macri absent, Remmert alternate)
MATTER OF RAY SIGN - WALGREENS 2061 WESTERN AVENUE
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 3941
Request of Russell Hazen of Ray Sign Company for a Variance of the regulations under the Zoning Law to permit: an additional 22sf of signage for a total of 72sf of sign area at an existing drugstore.
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by One Fifty Five and Twenty of Albany LP
Situated as follows: 2061 Western Avenue Guilderland, NY 12084
Tax Map #s 51.02-1-8 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of May, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 24, 2006"
The file consists of the legal advertisement with mailing to 27 neighboring property owners, the Town's required forms for an area variance, Albany County Planning Board's comments and renderings depicting the signs on the façade of the building.
Albany County Planning Board's recommendation was to defer to local consideration.
Russ Hazen of Ray Sign presented the application. Mr. Hazen stated that it was not substantial and this is at a major intersection. Mr. Hazen stated that there is no freestanding sign, just wall signage.
Chairman Barber asked Don Cropsey if CVS had a 24 hour sign.
Don Cropsey replied that they did; a variance was granted for that additional signage. Hannaford did also receive a variance for the number and for the size of the sign on the building.
Chairman Barber stated that corner lots in commercial settings also have unique circumstances.
Sharon Cupoli asked if the signage would be considered an advertisement.
Chairman Barber stated that he did not feel that it was advertising.
Chairman Barber asked if there were any questions or comments from the residents.
Rod Andrews, District Manager for Walgreens in this area, stated that this signage is very small as compared to the size of the building.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0. (Macri absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 3941
Request of Russell Hazen of Ray Sign Company for a Variance of the regulations under the Zoning Law to permit: an additional 22sf of signage for a total of 72sf of sign area at an existing drugstore.
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by One Fifty Five and Twenty of Albany LP
Situated as follows: 2061 Western Avenue Guilderland, NY 12084
Tax Map #s 51.02-1-8 Zoned: LB
The Board finds the following facts:
o A public hearing was duly noticed and held here this evening. There were no oral or written comments received.
o The Albany County Planning Board found no significant impact and deferred to local consideration.
o Both the Town Planner and the Town Planning Board's review was not required.
o The Board further finds that this site is located at a commercial corner and fronts on US Rt. 20 and State Rt. 155 and is a heavily commercialized area.
o The proposed sign consists of lettering which is not in block style or otherwise imposing rather much of the space included in the sign is actually background consisting of the red brick which the Board required.
o The proposed sign is consistent with other signs in the neighborhood in particular with nearby pharmacies.
o The sign is in scale with the size of the building and is not inconsistent with the character of the neighborhood.
o The Board further notes that there is no freestanding sign and that no other signs are proposed.
In granting this decision, the Board imposes the following conditions:
o Adherence to the plans as submitted.
o No other signs be granted.
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.
Upon compliance with all other requirements of the Town Law and other applicable laws and regulations, the resolution was adopted by a 6 - 1 (Sumner) vote of the Zoning Board of Appeals.
SIGNS:
The Board approved a 32sf building mounted banner for TGI Fridays for a two week period only and possibly extending it at the next meeting after review.
The Board approved a temporary banner for Jiffy Lube at 2067 Western Avenue for one week only.
The Board approved a 40sf sign for Signs Like This (Western Dental Practice) at 2021 Western Avenue.
The Board approved two banners for Stuyvesant Plaza for two separate sidewalk sales for two separate weeks.
The Board approved Our Lady of Mercy's job fair sign conditioned that it not be placed in such a way that it interferes with sight line up and down Rt. 20. (4 times a year)
OTHER:
The Board discussed the lighting plan for 1881 Western Avenue.
The Board discussed the FGEIS for NEIP.
The meeting adjourned at 10:15pm.
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