Members Present: Peter Barber, Chairman
Patricia Aikens
Sharon Cupoli
Chuck Klaer
Sue Macri
Mike Marcantonio
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 TGI FRIDAYS - STUYVESANT PLAZA
Chairman Barber stated that the public hearing was closed at the last meeting. The Board gave the applicant a chance to submit additional materials which they have done. There was discussion regarding the previous Special Use Permits.
Chairman Barber asked Don Cropsey if he had any discussions with the applicant since the last meeting.
Don Cropsey replied that he had made some suggestions to the applicant that if the words were taken off the architectural rendering and located on the building somewhere else, that they could calculate the area just around the words and not include the artwork. Don stated that he suggested placing the TGI Fridays words on the brick façade.
Chairman Barber asked about putting the lettering above the artwork.
Don Cropsey stated that aesthetically he did not think that would work.
The Board discussed the interpretation and the variance requested.
Chairman Barber asked if the sign would have a negative impact upon the neighborhood (the shopping plaza).
Chairman Barber stated that this is an interpretation as to what constitutes a sign as defined by the Town Code, in particular the contention that the area that the applicant considers to be an architectural element should not be included in the square footage. The applicant stated that the architectural element is intended to enhance the appearance of the building as opposed to an advertising medium designed to draw attention to the actual building. Chairman Barber read into the record the definition of a sign. Chairman Barber stated that he believes that the artwork does fall within the definition of the sign simply because of the use of the words in the definition of the sign; it is a structure and it is intended to draw attention to the business. Chairman Barber stated that he felt that the artwork was an
integral part of the sign. Chairman Barber stated that his primary concern is that if you were to start excluding architectural elements of this nature, then you would have an explosion of scopeless signs. Chairman Barber moved to sustain the Zoning Administrative Officer's determination that the architectural element or design element does constitute part of the sign for purposes of the calculation necessary to determine if a variance is necessary. Motion seconded by Chuck Klaer. Vote 7 - 0.
Chairman Barber made a motion to approve:
Variance Request No. 3929
Request of Ronald Carlisle for a Variance of the regulations under the Zoning Law to permit: the installation of revised signage at the existing TGI Fridays restaurant at Stuyvesant Plaza. A variance is requested in terms of the number of signs and also in terms of the total square footage. Maximum number of signs allowed is two with a total maximum aggregate area of 50sf.
Per Articles IV & V Sections 280-26 & 280-51 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
The Board makes the following findings of fact:
· A public hearing was duly noticed and supplemented by mailing to neighboring property owners within 500' of said parcel.
· This is a Type II Action under SEQRA, not requiring SEQRA review.
· The Albany County Planning Board deferred to local consideration.
· The Town Planning Board's review of this case was not required.
· The Board further finds that in looking at the factors set forth in our Town Code and also NYS Town Law Section 267-b they weigh in favor of granting the variance. The first question is whether there is an undesirable change in the character of the neighborhood or detriment to nearby properties. It appears that the properties in question are all within Stuyvesant Plaza. There has been no testimony that the sign would be visible beyond the confines of Stuyvesant Plaza. The neighborhood to be considered for purposed of this application is the plaza itself.
· The variance is substantial in terms of square footage but is not substantial in terms of its impact. The dominant feature of the sign is still more of an architectural nature; the words are not the dominant nature of the sign.
· The variance probably could be achieved by another means but the architectural element is not distasteful or out of scale with the size of the building.
· The variance will not have an adverse effect or impact upon the physical environmental conditions in the neighborhood.
· This sign is isolated from other stores in the plaza.
The Board grants this request with the following conditions:
· Adherence to the plans submitted as revised by the applicant during the prior public hearing.
· Signs shall be consistent with the renderings submitted.
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 Sue Macri. Vote 5 - 2. (Sumner, Klaer in the negative)
MATTER OF DEREK GRIFFIN - 1 SEELEY DRIVE
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:
Variance Request No. 3942
Request of Derek Griffin for a Variance of the regulations under the Zoning Law to permit: the installation of a six foot high privacy fence in a required front yard on a corner lot.
Per Articles IV & V Sections 280-27 & 280-51 respectively
For property owned by Derek and Immaculate Griffin
Situated as follows: 1 Seeley Drive Albany, NY 12203
Tax Map #s 51.08-1-36 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of May, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 4, 2006"
The file consists of the legal advertisement with mailing to 25 neighboring property owners, the Town's required forms for an area variance along with a narrative, a depiction of the location of the proposed fence, and the Town Planners comments.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a fence in the front setback of a corner yard. No planning objections."
Derek Griffin, applicant, presented the case. Mrs. Griffin stated that they have young children and a gas station right behind them.
Chairman Barber stated that on a corner lot you get very constricted on where you can put your fences without a variance. Chairman Barber asked if any of their neighbors had talked to them about this.
Mr. Griffin stated that he had talked to a few of his neighbors and they did not have any concerns with the variance.
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. 3942
Request of Derek Griffin for a Variance of the regulations under the Zoning Law to permit: the installation of a six foot high privacy fence in a required front yard on a corner lot.
Per Articles IV & V Sections 280-27 & 280-51 respectively
For property owned by Derek and Immaculate Griffin
Situated as follows: 1 Seeley Drive Albany, NY 12203
Tax Map #s 51.08-1-36 Zoned: R15
The Board finds the following facts:
· Public hearing was duly noticed and held this evening. No residents provided written or oral comments.
· This is a Type II SEQRA, not requiring any SEQRA review.
· Both the Albany County Planning Board and the Town Planning Board's review of this application was not required.
· The Town Planner had no planning objections.
· This is a corner lot and the property back up against a gas station. The fence will complete the enclosure of the back yard which will be for the benefit of young children and keep strangers from entering the yard.
· The construction of the fence will not have impacts with sight line along Arlene or Seeley Drive.
In granting this decision, the Board imposes the following conditions:
· Adherence to the plans as submitted.
· If the Zoning Administrator determines that any landscaping might be appropriate, then his directions will be followed.
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 MARY ARMSTRONG - 3298 E. OLD STATE 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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 3943
Request of Burnham and Mary Armstrong for a Variance of the regulations under the Zoning Law to permit: the construction of a 22' x 12' single car garage stall within a required front yard on a preexisting undersized corner lot.
Per Articles IV & V Sections 280-31 & 280-51 respectively
For property owned by Burnham and Mary Armstrong
Situated as follows: 3298 E. Old State Road Schenectady, NY 12303
Tax Map #s 28.17-2-6 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of May, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 4, 2006"
The file consists of the legal advertisement with mailing to 38 neighboring property owners, the Town's required forms for an area variance, photographs showing where the third stall will be located, project narrative, site plan, and the Town Planners comments.
The Town Planner had the following comments: "The applicant is seeking an area variance to build a garage addition that will extend into the front yard of this corner lot. No planning objections."
Mary Armstrong, applicant, presented the case. Mrs. Armstrong stated that a third stall would be added to the existing two stall garage.
Chairman Barber asked if there was a carport there now.
Mrs. Armstrong replied that there was no carport there; they had presented that back in 2000 but they had never got it done.
Chairman Barber stated that it was a minimal variance.
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 to approve:
Variance Request No. 3943
Request of Burnham and Mary Armstrong for a Variance of the regulations under the Zoning Law to permit: the construction of a 22' x 12' single car garage stall within a required front yard on a preexisting undersized corner lot.
Per Articles IV & V Sections 280-31 & 280-51 respectively
For property owned by Burnham and Mary Armstrong
Situated as follows: 3298 E. Old State Road Schenectady, NY 12303
Tax Map #s 28.17-2-6 Zoned: R20
The Board makes the following findings of fact:
· Public hearing was duly noticed and held here this evening. No residents provided written or oral comments regarding the application.
· This is a Type II Action under SEQRA, not requiring SEQRA review.
· The Albany County Planning Board and the Town Planning Board's review of this application was not required.
· The Town Planner had no planning objections.
· This is a corner lot at Luigi Drive and East Old State Road so there are two front yards.
· The setback is 25' from the property line, the variance request measures approximately 6" to a foot.
· The Board has historically granted variances given the unique nature of corner lots and the granting of this variance will not have any impact upon the property or the character of the neighborhood.
In granting this decision the Board imposes the following conditions:
· Adherence to the plans as submitted.
· Construction hours will be limited to the following: Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
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 RENAISSANCE FLORAL - 1561 & 1563 WESTERN 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 III & V of the Zoning Law on the following proposition:
Amend Special Use Permit #24-05/Request No. 3944
Request of David Michael Schmidt for an amendment to Special Use Permit #24-05 under the Zoning Law to permit: the use of a 4792sf triangular shaped parcel contiguous to an existing event planning and floral shop for additional landscaped display area and a 25' x 30' storage building.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by David Michael Schmidt
Situated as follows: 1561 Western Avenue Albany, NY 12203
Tax Map #s 52.15-1-2 & 3 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of May, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 4, 2006"
The file consists of the mailing list to 38 neighboring property owners, the Town's required forms for an amendment to his Special Use Permit, the Town Planners comments, Albany County Planning Board's recommendation, site plan review of the Town Planning Board, previous special use permit #24-05, a narrative, a proposed landscaping plan by Orsini Landscaping and a site plan.
Albany County Planning Board had the following recommendation: "Modify local approval to include: 1) Continuation of the restriction of left-turns onto Western Avenue/Rt. 20 at driveway entrance, 2) Documentation of access agreements with neighboring property owner, if applicable and 3) Restrict display of merchandise in driveway in areas that may present a conflict with traffic movement into the site from Western Avenue/Rt. 20."
The Town Planning Board's site plan review of 5/10/06 was recommend with the following conditions: outdoor storage and display area be clearly identified.
The Town Planner had the following comments: "The applicant is seeking to amend his special use permit due to the acquisition of the small triangular piece of property to the east. This additional land will allow for standard width drive aisles, more green space, and the elimination of previously needed variances. No planning objections."
David Schmidt, applicant, presented the case. Mr. Schmidt stated that he had bought the triangular piece of property and this will help with all of the other variances that had been granted to this point.
Chairman Barber asked if the triangular piece had been merged.
Mr. Schmidt stated "no" but they will eventually be merged. Mr. Schmidt stated that there were liens on that property and until the liens expire, it cannot be merged; it will be a matter of approximately two years.
Don Cropsey stated that by not merging he will still need the variances because there is a property line.
Mr. Schmidt gave a brief overview of the project. Mr. Schmidt stated they would be adding landscaping, putting in a retaining wall, and adding a proposed building for storage. Mr. Schmidt stated that they are proposing a garage door on the back of the building where they could park their forklift. There would be a flagstone courtyard in the center with displays of more of the antique pieces.
Chairman Barber asked how would the Board be able to deal with the storage building without variances.
Don Cropsey replied that it is an accessory structure and it is only required to be 5' from the property line. Don stated that he wanted to make sure that the shed remained as storage only and not open it up for retail. Don stated he was still unclear as to what is allowed in the front of the building.
Chairman Barber stated that the first condition in the existing special use permits states: "The applicant agrees that there will be no storage or display of retail items, statues or similar items in the front."
Mr. Schmidt stated that the entire property is being basically gutted on the exterior; the whole front is being completely redone and set with retaining walls in the front, there will be a cobble entrance going up to the front, a pool for a fountain, other display areas which the Town had approved, only items to landscape and beautify the landscape with ornamentation that was part of the original approval. Mr. Schmidt stated that they have not started doing any work because he wants to cut the asphalt and get it done all at once.
Chairman Barber asked what is going to be left in the front after all the landscaping is done.
Mr. Schmidt stated that the approved plan shows a couple display areas - one being a fountain area.
Chairman Barber had concerns with the amount of ornamentation and if it is going to become outdoor retail items. Chairman Barber stated that now there is more room in the back where his items can be displayed.
There was discussion regarding the display of retail items.
Don Cropsey stated that there seems to be a contradiction between the special use permit and what Mr. Schmidt states he is going to do out there.
Mr. Schmidt stated that the area is not going to have multiple items all over the place; he wants the area to look good.
There was lengthy discussion regarding the items being displayed outside.
Mr. Schmidt stated that the items would be very limited in the front of the building.
Chairman Barber asked Don Cropsey if he had seen a lessening of the clutter out front.
Don Cropsey replied that there is less clutter but there is still quite a bit of stuff out there.
Chairman Barber asked Don Cropsey if there are other times when the Zoning Board has allowed outdoor retail display.
Don Cropsey replied "no". Don stated that there are a handful of places that do have retail display outside that are preexisting nonconforming.
Mr. Schmidt stated that the purpose of having the front set up the way he would like is not to have it a retail area but if he has an item out there that he has one of and someone would like to purchase it, he would like to be able to sell it.
Sharon Cupoli asked if they would be replacing their current storage facility.
Mr. Schmidt replied that currently they have storage area in the rear of Stuyvesant Plaza that is approximately 800sf; the new building would be approximately 1200sf and they would not need the storage area in Stuyvesant Plaza.
Chairman Barber asked if he would be willing to plant some trees out near Rt. 20.
Mr. Schmidt replied that he would be planting three 15' pear trees between the sidewalk and the street.
There was discussion regarding the urns at the entranceway.
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 of non-significance in this Unlisted Action:
"This Board has conducted an exhaustive review of this amendment to a special use permit to decide whether the granting of that permit will have a negative impact upon the environment. Our review consisted of reviewing the comments provided to us by the Albany County Planning Board, the Town Planning Board and the Town Planner. Based upon our review, we have determined that there will not be a negative impact upon the environment and that a negative declaration under SEQRA should be issued. This is primarily a result of the fact that we are adding a triangular piece of property which will result in enhanced greenspace, improved landscaping and the reduction of pavement." Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Amend Special Use Permit #24-05/Request No. 3944
Request of David Michael Schmidt for an amendment to Special Use Permit #24-05 under the Zoning Law to permit: the use of a 4792sf triangular shaped parcel contiguous to an existing event planning and floral shop for additional landscaped display area and a 25' x 30' storage building.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by David Michael Schmidt
Situated as follows: 1561 Western Avenue Albany, NY 12203
Tax Map #s 52.15-1-2 & 3 Zoned: LB
The Board makes the following findings of fact:
· A public hearing was duly noticed and no residents provided either written or oral comments.
· This Board adopted a negative declaration under SEQRA by a unanimous vote.
· The Albany County Planning Board's recommendation of 4-20-06 was considered by the Board.
· The Town Planning Board's recommendation was conditioned upon the review of the outdoor storage and display.
· The Town Planner recommended approval.
· The Board further finds that the applicant's acquisition of the triangular piece of property has provided opportunities to enhance the appearance of the property. In particular, it allows for increased greenspace for enhanced landscaping including the addition of street trees along Rt. 20 and also reduces the area of the pavement. It also allows for the storage of materials both indoors and provides for the display of items in the rear of the property. It also allows for the placement or construction of a 24' wide drive aisle.
In granting this application, the Board imposes the following conditions:
· Adherence to the plans as submitted. In particular, ask that the applicant submit the Orsini Landscaping plan in its colorized version.
· Adherence to the prior special use permit that was issued in December 2005 including the no display of retail items, statues, etc. in the front yard. Elimination of any display items or merchandise in the driveway.
· Proof of the access of the property owned by the church.
· The façade and elevation drawing for the garage/storage shed shall be adhered to.
· The garage shall be for storage only and for no retail activities.
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 Chuck Klaer. Vote 6 - 1. (Sumner in the negative)
OTHER:
There was discussion regarding the revised lighting plan at 1881 Western Avenue and the lighting levels.
Chairman Barber stated that based on the expert opinions received this evening and because the banking regulations require a 2' candle power at 5' elevation from a 50' radius from the ATM, Chairman Barber made a motion to approve the lighting plan as submitted that provides for 18' mounted height ad depicted in the plan. Sharon Cupoli seconded. Vote 7 - 0.
There was discussion regarding the elevation plan of 1881 Western Avenue. Chairman Barber stated that he was comfortable with the plan submitted because it is consistent with what they represented at the site plan review and also with the Amedore building across the street. Chairman Barber made a motion to approve the elevation plan as submitted. Motion seconded by Sharon Cupoli. Vote 7 - 0.
The Board appointed Spectra Engineering as TDE to review extension of tower at 5215 Western Turnpike. Vote 7 - 0.
SIGNS:
The Board approved a temporary banner for Cats Meow for two weeks. Vote 7 - 0.
The meeting adjourned at 9:45pm.
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