Members Present: Peter Barber, Chairman
Patricia Aikens
Chuck Klaer
Sue Macri
Tom Remmert, Alternate
James Sumner
Janet Thayer, Counsel
Absent: Mike Marcantonio
Sharon Cupoli
____________________________________________________________________
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 WILDWOOD PROGRAMS - 2995 CURRY ROAD EXT.
Chairman Barber stated that this case had been continued to have the TDE (Delaware Engineering) address the matter of the stormwater management plan submitted by the applicant. Since the last hearing, the Board has received a final stormwater management report, a copy of notice of intent that was filed for the SPEDES general permit 02-01 submitted to the appropriate DEC office, an amendment to the final stormwater management report to correct typographical error along with an additional sub-tributary area map and a letter dated May 25, 2006 from Ken Johnson of Delaware Engineering indicating that they have reviewed the plans submitted by the applicant and that based upon the information provided by Hershberg & Hershberg the applicant's engineer, the conclusion is the stormwater management plan will work as designed.
Dan Hershberg of Hershberg and Hershberg stated that Chief Kanas had a chance to review their plan and asked that they widen the no parking area so that a truck could get in easier and he is satisfied with the changes.
Chairman Barber asked about the issue of water in people's basements.
Dan Hershberg stated that there has been higher than normal groundwater table due to excess rain.
Chuck Klaer asked about the size of the holding tank for water and whether it is large enough for to meet the fire needs for the sprinkler system.
Jay Holpeck, of BBL stated that it is a 9000-gallon tank in the existing building and that is more than adequate to handle the additions.
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 Jim Sumner. Vote 6 - 0. (Cupoli, Marcantonio absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board had conducted a careful review of this application to determine whether the granting of this application which was heard on May 3, 2006 and again this evening would cause a negative impact upon the environment. Our review consisted of the review of the comments provided by the Albany County Planning Board, the Town Planning Board, the Town Planners comments and also the review provided to us by the TDE. We find that the granting of this special use permit will not have a negative impact upon the environment and that a negative declaration under SEQRA should be issued." Motion seconded by Chuck Klaer. Vote 6 - 0. (Cupoli, Marcantonio absent, Remmert alternate)
Chairman Barber made a motion for approval of:
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
The Board makes the following findings of fact:
v The Board conducted a public hearing on May 3, 2006 and continued to this evening. Notice was supplemented by mailing legal notices to property owners within 750' of said parcel. 3 residents provided oral comments at the prior hearing regarding concerns about water table issues.
v This Board adopted a negative declaration under SEQRA for this Unlisted Action.
v The Albany County Planning Board's recommendation of 4-20-06 was to recommend review of the stormwater pollution prevention plan.
v The site plan review provided to us by the Town Planning Board recommended with no suggestions or conditions.
v The Town Planner also provided us with her comments which were considered by the Board.
v The Ft. Hunter Fire Department also provided comments at the prior hearing regarding certain issues including the existing on site tank and its capacity to handle the sprinkler system in light of the new additions.
v The proposed expansion is an expansion of a permitted use in this zone.
v The Board did appoint Delaware Engineering to provide professional expert advice in terms of reviewing the stormwater pollution prevention plan that was submitted by the applicant.
v The applicant has submitted its Notice of Intent regarding the SPEDES general permit 02-01 that was also sent to NYS Department of Environmental Conservation.
v The applicant submitted its final stormwater management plan to the TDE.
v The TDE in its report of May 25, 2006 found that the proposed stormwater pollution prevention plan submitted by the applicant was satisfactory.
v The proposed construction does not include a basement or any subsurface construction which might effect the water table in the area.
In granting this decision, the Board requires that the following conditions be met and adhered to:
v Adherence to the plans as submitted by the applicant as amended to address the concerns of the Ft. Hunter Fire Department.
v Construction hours in this area given the proximity of nearby residents shall be Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction on Sunday.
v Adherence to any additional requirements of the Ft. Hunter Fire Department.
v Submittal of plans to the Pine Bush Commission for their review and final approval.
v The applicant shall work with the Building Department on appropriate landscaping to buffer the impacts upon the adjacent property.
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 - 0. (Cupoli, Marcantonio absent, Remmert alternate)
MATTER OF ALICE TETREAULT - 3231 E. LYDIUS STREET
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 III & V of the Zoning Law on the following proposition:
Variance Request No. 3947
Request of Alice Tetreault for a Variance of the regulations under the Zoning Law to permit: the construction of a single story 12' x 24' attached garage. A 15' setback is required, 5'5" is proposed, a variance of 9'5" is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Alice Tetreault
Situated as follows: 3231 East Lydius Street Schenectady, NY 12303
Tax Map #s 15.20-1-20 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of June, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 30, 2006"
The file consists of the mailing list to 28 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a brief narrative, a depiction of the proposed garage and a site plan.
The Town Planner had the following comments: "The applicant has applied for an area variance to construct an additional garage stall that will encroach into the side yard setback. No planning objections."
Chris Melco, architect, presented the case.
Chairman Barber stated that there were neighboring properties that have had similar variances. Chairman Barber stated that there was already pavement leading up to where the new garage is going to be located.
Mr. Melco stated that it has always been a two car wide driveway and there is blacktop near where the new garage stall will be.
Chairman Barber asked if Mrs. Tetreault had spoken to any of her neighbors.
Mr. Melco replied that her adjacent neighbor had no objection to the proposal.
Chuck Klaer asked about the extension of the roofline.
Mr. Melco replied that there is a bedroom above the existing garage and there are two windows on the gable end so the roofline has to stay down.
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 6 - 0. ( Cupoli, Marcantonio absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 3947
Request of Alice Tetreault for a Variance of the regulations under the Zoning Law to permit: the construction of a single story 12' x 24' attached garage. A 15' setback is required, 5.5' is proposed, a variance of 9.5' is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Alice Tetreault
Situated as follows: 3231 East Lydius Street Schenectady, NY 12303
Tax Map #s 15.20-1-20 Zoned: R15
The Board finds the following facts:
v A public hearing was duly noticed and no residents provided either written or oral comments regarding the application.
v This is a Type II Action under SEQRA, not requiring SEQRA review.
v The Albany County Planning Board and the Town Planning Board's review of this application was not required.
v The Town Planner had no objections to the proposal.
v The Board further finds that there have been other variances in this neighborhood and that the request of the applicant is very similar to those that have been addressed by this Board in the past.
v The adjacent property owner has no objection to the variance.
v The granting of this request is not inconsistent with the character of the neighborhood and it will not have a detrimental impact upon the neighboring properties.
In granting this request, the Board imposes the following conditions:
v Adherence to the plans as submitted.
v To the maximum extent possible, the new addition shall be constructed of the same materials and style as the existing house in terms of color, etc.
v Construction hours shall be Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm and no construction allowed on Sunday.
v The applicant shall work with the Building Department to ascertain whether or not any buffering shall be needed.
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 Jim Sumner. Vote 6 - 0. (Cupoli, Marcantonio absent, Remmert alternate)
MATTER OF RICHARD DALY - 6379 ZORN 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:
Variance Request No. 3945
Request of Richard Daly for a Variance of the regulations under the Zoning Law to permit: a detached carport in a required front yard.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Richard Daly
Situated as follows: 6379 Zorn Road Albany, NY 12203
Tax Map #s 52.18-1-35 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of June, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 31, 2006"
The file consists of the mailing list to 27 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, and a brief narrative which includes a picture of the proposed carport along with a plot plan of the parcel.
The Town Planner had the following comments: "The applicant is seeking an area variance for an existing detached carport in the required front yard. The carport is located approximately 70' back from the roadway. No planning objections."
Richard Daly, applicant, presented the case. Mr. Daly stated that the carport has been there for five years and did not realize that he needed a variance for the carport.
Chairman Barber stated that it is tucked in the trees and hidden from the road.
Chairman Barber asked if there is any reason why it is so far in front of the house.
Mr. Daly replied that if you look at the property line, the lines start to angle toward the back. Mr. Daly also stated that there are trees in the area; he actually would prefer if it was closer, he has to walk 80' to get to the carport at this point. Mr. Daly stated that if it were set closer to the house it would really stand out.
Chairman Barber asked if there have been any concerns from the neighbors.
Mr. Daly replied that the neighbors all love it.
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 Tom Remmert. Vote 6 - 0. (Cupoli, Marcantonio absent, Remmert alternate)
Chairman Barber stated that this was a Type II Action under SEQRA, not requiring SEQRA review.
Chairman Barber made a motion for approval of:
Variance Request No. 3945
Request of Richard Daly for a Variance of the regulations under the Zoning Law to permit: a detached carport in a required front yard.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Richard Daly
Situated as follows: 6379 Zorn Road Albany, NY 12203
Tax Map #s 52.18-1-35 Zoned: R15
The Board finds the following facts:
v A public hearing was duly noticed and no residents provided either written or oral comments regarding the application.
v This is a Type II Action under SEQRA, not requiring SEQRA review.
v The Albany County Planning Board and the Town Planning Board's review of this application was not required.
v The Town Planner had no objections to the proposal.
v The Board further finds that the carport rests nearly 70' from Zorn Road and is a heavily wooded site providing a substantial visual barrier from neighboring property owners.
v This is a very narrow lot which would preclude the placement of the carport in the side yard.
v There will be no measurable impact upon neighboring property owners by the granting of this application and no negative impact upon the character of the neighborhood.
In granting this request, the Board imposes the following conditions:
v Adherence to the plans as submitted by the applicant.
v Construction hours shall be 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 Sue Macri. Vote 6 - 0. (Cupoli, Marcantonio absent, Remmert alternate)
MATTER OF ANAND TANAVDE - 6125 VEEDER ROAD
"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/Variance Request No. 3946
Request of Anand S. Tanavde for a Variance of the regulations/Special Use Permit under the Zoning Law to allow: the use of an existing 1200sf finished basement as an in law apartment. A variance is requested to exceed maximum allowed sf area of 750 sf by 450sf.
Per Articles III & V Sections 280-14 & 280-51 & 52 respectively
For property owned by Anand and Sadhana Tanavde
Situated as follows: 6125 Veeder Road Slingerlands, NY 12159
Tax Map # 51.04-2-10.1 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of June, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 31, 2006"
The file consists of the mailing list to 28 neighboring property owners, the Town's required forms for a Special Use Permit, a Short Environmental Assessment Form for an Unlisted Action, the EDAC waiver, the Town Planners comments, a narrative, a site plan and a depiction of the basement plan for the existing apartment.
The Town Planner had the following comments: "The applicant is requesting a special use permit and variance to use a basement area as an in-law apartment. Apparently the apartment was existing at the time the applicant bought the house. The applicant does not state that the apartment will be used by relatives or it has a common entrance with the house. I have no objection to the application contingent on all requirements of an in-law apartment law being met."
Anand Tanavde, applicant stated that they bought this house with a finished basement with an existing kitchen. Mr. Tanavde stated that he does not have any intention of having his in laws live there.
Chairman Barber explained that in a residential zone you are not allowed two residences with the exception of an in law apartment. Chairman Barber stated that his situation is different and he is not requesting an in law apartment but the reason he is here is because there are two kitchens in the house. Chairman Barber stated that the Town is trying to prevent him from taking the basement apartment and renting it out, which he is not doing.
Chairman Barber suggested that the applicant withdraw his request.
Mr. Tanavde withdrew his application. Chairman Barber made a motion to accept the withdrawal of this application. Motion seconded by Chuck Klaer. Vote 6 - 0. (Cupoli absent, Marcantonio absent, Remmert alternate)
MATTER OF ANTONIO TRIMARCHI - 1869 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, IV & V of the Zoning Law on the following proposition:
Special Use Permit/Variance Request No. 3948
Request of Antonio Trimarchi for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the use of an existing single story 1300sf building as a professional office building. Variances are requested for the following: 1) from providing a 40' buffer between a residential zone and a Local Business zone and 2) to allow a reduction in required parking spaces.
Per Articles III, IV & V Sections 280-20, 280-25 & 280-51 & 52 respectively
For property under purchase agreement between Smith and Trimarchi
Situated as follows: 1869 Western Avenue Albany, NY 12203
Tax Map #s 52.09-1-35 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of June, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 30, 2006"
The file consists of the mailing list to 101 neighboring property owners, the Town's required forms for an area variance and special use permit, the EDAC waiver, a Short Environmental Assessment Form for an Unlisted Action, the Town Planning Board's site plan review, the Town Planners comments, a copy of the contract between Robert and Bryan Smith with Antonio Trimarchi and Joseph Trimarchi, a brief project narrative along with the initial survey for the property dated 4-6-06 and a revised one dated 6-7-06, and Albany County Planning Board's recommendation of 5-18-06.
The Town Planning Board's site plan review of 5-24-06 was recommend with the following conditions: change parking space arrangements to eliminate space #1 and reconfigure so that all spaces are perpendicular to the building.
The Town Planner had the following comments: "The applicant is requesting a special use permit to change tenancy in this building which had been used as a professional office for a number of years. Parking space #1 is located in an awkward and dangerous position and should be either parallel with the other spaces or eliminated, if not needed. No planning objections."
Albany County Planning Board's recommendation of 5-18-06 was modify local approval to include review by the NYSDOT for design of highway access and assessment of road capacity.
Tony Trimarchi, applicant, presented the case. Mr. Trimarchi stated that the building would stay exactly the same. Mr. Trimarchi stated it would be a professional office. Mr. Trimarchi stated at the present time it is residential, there is someone renting the home. Mr. Trimarchi stated that there is already a six-foot high fence in the back of this property
Chairman Barber asked if he knew who owned the service alley behind the property.
Bryan Smith stated that he did.
Chairman Barber asked what the purpose of the service alley was.
Mr. Smith stated that it was for buffer.
Chairman Barber asked if the alley provided any access to any garages.
Mr. Smith replied that he has granted some, some people are using it providing that they keep it clean, but none of the businesses are using it.
Mr. Trimarchi stated that the property is currently very nicely landscaped.
Chairman Barber asked how many employees there are.
Mr. Trimarchi replied three.
Chairman Barber asked if the six parking spaces would be adequate.
Mr. Trimarchi replied that the six parking spaces would be more than enough.
Chairman Barber asked if they would be changing the façade of the building at all.
Mr. Trimarchi replied that they would not be changing the building at all.
Chuck Klaer had concerns regarding the service alley.
Chairman Barber stated that in terms of this application, the service alley is not being used to access the site.
Chairman Barber asked if there were any questions or comments from the residents.
Dr. Patricia Lillquist of the neighboring property had concerns regarding the removal of several trees, the slope, and the water diversion plan.
Chairman Barber stated that Don Cropsey would require the applicant to manage any water flow on adjacent properties.
Chuck Klaer asked if there were currently any runoff problems.
Ms. Lillquist stated that now because the slope of the land she does get a stream of water but it is manageable but is concerned about it worsening.
Chairman Barber stated that the applicant stated that he has no intention of removing any of the existing landscaping in fact he was going to enhance the landscaping in the front and rear of the building.
Mr. Trimarchi stated that a swale would be created to deal with the runoff.
Chairman Barber made a motion to close the public hearing. Motion seconded by Churk Klaer. Vote 6 - 0. (Marcantonio, Cupoli absent, Remmert alternate)
Chuck Klaer stated that he would like to see the variances be contingent upon its current use and have them reconsidered if this use changes.
Jim Sumner asked if a TDE should take a look at this property.
Chairman Barber replied that this is such a diminimous use and did not feel that a TDE was needed to review this property.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board had conducted a careful review of this application to determine whether the granting of this Special Use Permit/Variance would have a negative impact upon the environment. This review consisted of the review of the applicant's submissions, the comments provided at the public hearing this evening, comments provided by the Albany County Planning Board which recommended approval with review by DOT, the Town Planning Board which also recommended approval, and the Town Planners comments. Based upon those comments and also the conditions the Board will be imposing in its determination this evening, I would move that a negative declaration under SEQRA should be issued." Motion seconded by Chuck Klaer. Vote 6 - 0. (Cupoli, Marcantonio absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 3948
Request of Antonio and Joseph Trimarchi for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the use of an existing single story 1300sf building as a professional office building. Variances are requested for the following: 1) from providing a 40' buffer between a residential zone and a Local Business zone and 2) to allow a reduction in required parking spaces.
Per Articles III, IV & V Sections 280-20, 280-25 & 280-51 & 52 respectively
For property under purchase agreement between Smith and Trimarchi
Situated as follows: 1869 Western Avenue Albany, NY 12203
Tax Map #s 52.09-1-35 Zoned: LB
The Board makes the following findings of fact:
v A public hearing was duly noticed and held this evening. One adjacent property owner provided us with comments regarding her concerns regarding runoff and other impacts upon her property including the potential removal of trees during the implementation of this project.
v This Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
v The Albany County Planning Board's recommendation of 5-18-06 was modify local approval to include review by NYSDOT.
v The site plan review provided to us by the Town Planning Board recommended with the condition to eliminate the parking space #1 and also to reconfigure the parking to be perpendicular to the building.
v The Town Planner also provided us with her comments of 5/31/06 in support of the granting of this application.
v The Board finds that the proposed use as a professional office building is a permitted use in this LB zone.
v The proposed use which consists of three employees is a low-intensity use and does not appear to present any need for a traffic study in that the existing six parking spaces on site are more than adequate to handle the projected need. The applicant has represented that most of his business involves meeting clients off site and that the in office visits by clients are infrequent.
v While this property is zoned Local Business this proposed use would be allowed in a BNRP zone and with a BNRP zone the setback requirement between the BNRP zone and a residential zone is only 20 feet. In this case the buffer actually exceeds 20', it is 22' and is enhanced to a certain extent by the existing 20' right of way between the edge of the property and the most adjacent residential property to the north.
v The granting of the variance from the buffer will not have a negative impact upon the neighborhood in light of the proposed office use and the on site parking spaces are more than adequate to address the needs of the applicant.
In granting this decision, the Board requires that the following conditions be met and adhered to:
v Adherence to the revised plans dated June 7, 2006.
v Hours of operation shall be daily from 7:30am to 6pm.
v Snow removal shall be on site but if it cannot be handled on site, it will be trucked off to maximize the number of parking spaces.
v Construction hours shall be Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
v NYSDOT review of the highway access and assessment of road capacity.
v The variance is both in terms of the buffer and the parking and is conditioned upon the use of the building as a low intensity use as a professional office building and will not extend to other uses permitted in a LB zone.
v The fence and landscaping and trees shall be maintained to the maximum extent possible and that construction shall be conducted in such a way that it minimizes if not eliminates any impacts upon adjacent property owners.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit/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 6 - 0. (Cupoli, Marcantonio absent, Remmert alternate)
MATTER OF T-MOBILE - 5215 WESTERN TURNPIKE
Counsel Thayer read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles IV & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 3949
Request of James W. Whitcomb, Attorney for Pyramid Network Services LLC, Agent for T-Mobile USA, Inc., subsidiary of Omnipoint Communications, Inc. for a Special Use Permit under the Zoning Law to permit: a tower height extension of 10' to a 120' existing lattice tower to allow placement of wireless communication antennas. In addition, a 20' x 18' area is proposed for the placement of equipment cabinets.
Per Articles IV & V Sections 280-37 & 280-52 respectively
For property owned by: National Grid
Situated as follows: 5215 Western Turnpike Guilderland, NY 12084
Tax Map # 39.07-1-26.1 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of June, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 30, 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, correspondence from Jim Green, a recommendation from Albany County Planning Board, the Town Planner's comments, and a letter from Omnipoint Communications which authorizes the law firm to represent them through their pyramid network services.
Albany County Planning Board's recommendation was defer to local consideration but asking the Board to notify neighboring towns to make certain they are coordinating their efforts.
The Town Planner had the following comments: "For the record, I live across t he street from this location on Carman Road.
The applicant is requesting a special use permit to extend an existing 120' tower by 10' to collocate additional communication antennae. Although this is a collocation which is generally favored, I do have concerns regarding how high this structure is growing with each succeeding application.
My main concern is that the structure, which was just recently extended, already reached higher than the trees. The situation has been made worse since the majority of vegetation on the Carman Road side was removed for the power pool's expansion. Antennas are restricted to a maximum of 100' because extensions beyond this height becomes almost impossible to screen.
Although I am not objecting to the application, I do feel the board needs to consider how many extensions are permitted before the visual impact is just too great."
James Whitcomb, applicant, presented the case. Mr. Whitcomb stated that they were looking for a 10' tower extension so that T-Mobile can install an antenna array that is very similar to the other antennas on the tower currently. Mr. Whitcomb discussed the TDE's comments regarding the height and possibly putting their antennas at 100' instead of 130'. Mr. Whitcomb stated that their contract states 130'; they have no control over what National Grid will lease them and that there are already cable TV antennas at 100'.
Chairman Barber asked if two 80' sets of antennas at different locations could serve the same functional purpose as an antenna at 130'.
Mr. Whitcomb stated "maybe" but you have to look at the surrounding areas.
Mr. Whitcomb and Mr. Nugent reviewed the propagation studies. Mr. Nugent stated that in order to prevent dropped calls while you are driving, they need to have continuous coverage which is what these antennas will do.
Chairman Barber asked if they had looked at any other locations for two lower heights.
Mr. Suriano, site acquisition specialist, stated that they had not looked at other sites.
Chairman Barber asked whether or not it was feasible to address particular parcels that may be uniquely impacted by the tower and address it by putting landscaping at the impact rather than at the tower site.
Mr. Whitcomb stated that the only screening that they have dealt with is the screening at the base of the tower.
Jim Green, TDE, stated that the antenna is quite visible from residences on Carman Road and he sees no way of mitigation other than plantings in their yards. Mr. Green stated that they tried to get some tall vegetation at NYISO but they did not want to do it because they wanted full visibility from the guardhouse. Mr. Green stated that if they could put their antennas at 100' they would be much less visible.
Chairman Barber stated that they have been notified informally that National Grid is considering bring in an application in the next few months to raise the tower to 160'.
Chairman Barber stated that he agrees that there is a gap in service but stated that he would like the applicant to take a look at whether or not this need can be met by multiple towers (two at lower heights).
Chairman Barber asked if there were any questions or comments from the residents.
Joe Vandaro stated that T-Mobile is the most inferior carrier and they are working very hard to fix that and for this application to be denied would be a shame.
There was discussion regarding the screening.
Mr. Whitcomb stated that he felt that this is the preferred site under the Town's Code and they have demonstrated the need.
Chairman Barber stated that if they were using the existing tower, it would be the preferred site, but they are adding 10' so it is an addition to the tower.
Chairman Barber stated he would like the applicant to exhaust other less obtrusive means of meeting the same need.
Chairman Barber made a motion to continue this case to address the issues discussed this evening to June 21st. Motion seconded by Sue Macri. Vote 7 - 0.
Jim Sumner asked if the Board could limit the tower height.
Chairman Barber replied yes if they can show that the need can be met by some other means.
The Board approved the sign for everythingforwireless.info at 2027 Western Avenue conditioned upon that is the name of the business that they are operating under according to the Secretary of State. Vote 7 - 0.
The Board approved the sign for TGI Fridays at Stuyvesant Plaza. Vote 5 - 2.
The Board approved a 40sf freestanding sign for Dunkin Donuts at 1573 Western Avenue. Vote 7 - 0.
The Board approved a 38sf freestanding sign for Northeast Jewelers.
The Board approved a temporary sign application for Fancy Schmancy.
The Board approved the minutes of 3/16/06.
The meeting adjourned at 10:30pm.
| 
