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 JAMES WHITCOMB - 5215 WESTERN TURNPIKE
Chairman Barber stated that this case had been continued to address possible alternative sites that might be available in conjunction with lower antennae at this site or through multiple sites throughout the area. The applicant did provide four test sites in the immediate area along with propagation studies. Spectra Engineering also provided a letter stating that the four considered location would not satisfy the applicants needs.
James Whitcomb on behalf of T-Mobile USA presented the case. Mr. Whitcomb stated that this tower is the best fit for the coverage needs.
Chairman Barber stated that the submissions were self-explanatory and this tower was the only site to provide coverage for their needs.
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 careful review of this application to determine whether the granting of this request to extend an existing tower at 5215 Western Turnpike by 10' 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 Planner, the public hearing on June 7th which was continued to this evening and also based upon the review of the Full Environmental Assessment Form. Based upon our review of this evidence, this Board finds that the granting of this application will not have a significant impact upon the environment and that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 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 #s 39.07-1-26.1 Zoned: LB
The Board makes the following findings of fact:
v The public hearing was duly noticed and held on June 7th and continued to this evening. Notice was supplemented by mailing legal notices to property owners within 750' of said parcel. No residents provided either written or oral comments at either hearings.
v This Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
v The Albany County Planning Board, in its recommendation of 8-18-06 was to defer to local consideration.
v This Board retained Spectra Engineering as a TDE to review the project both in terms of the alleged need for the services, visual impacts and any structural issues. The TDE provided us with letters dated 6-6-06 and 6-20-06 in which he has relayed his comments.
v The Board further notes under the law a telecommunication facility is considered a public utility and therefore is held to a different standard than otherwise would exist. In particular, standard review first requires us to examine whether or not T Mobile has demonstrated a need for its facilities otherwise demonstrated a gap in service that would be served by this telecommunications facility and also whether the proposed facility is the least intrusive means of addressing the need.
v The propagation studies as determined by the TDE establish that there is a need for services along Rt. 146 both north and south particularly to the south.
v At the Board's request, the applicant considered other options but as determined by the TDE these options when coupled with antennas at 80' and on the existing tower do not provide adequate in car coverage along Rt. 146 East.
v The Town Code also encourages the use of existing structures. While this is an extension of an existing structure, it does appear to be the best solution and better than constructing a new tower nearby.
v The citing of this antenna and other structures also would have visual impacts which may or may not easily addressed. The Board further notes that given the height of this tower that there does not appear to be any means to shelter or shield the view of the tower at the site. The TDE and evidence in the record demonstrate that while there has been removal of vegetation along Carman Road relating to the Power Pool there still are some trees that do provide some shielding.
v Given the totality of this evidence and the comments provided to the Board by the TDE, the Board finds that the proposed facility is the least intrusive means of meeting the demonstrated lack of service in this area.
In granting this application, the Board requires that the following conditions be met and adhered to:
v The color of the tower extension, the antennas and the cable shall match the existing towers and antennas.
v The structural plans for both the existing tower with its existing antennas and with the extension with its antennas shall be stamped by a licensed professional engineer.
v There shall be no barbed wire on the fence around the equipment.
v Maintain and replace if necessary the existing screening which consists of primarily of evergreens in order to maintain adequate buffering.
v Adherence to the plans as submitted except as amended by this decision.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 - 0.
MATTER OF CARLO AND KIM SPANO - 1810 WESTERN AVENUE
Chairman Barber stated that this is a continued case and since that time the Board has received additional materials by Hennessey Engineering including a stormwater management plan and also a revised site plan for the proposed ice cream store.
Mr. Hennessey gave an update on the project:
The entrances have been revised and have received DOT approval. There was discussion regarding the sidewalk and the landscaping. The sidewalk will be continued from Cabernet Café. The one-way entrance will go around the back for parking for the site. There will be five spots in the front, including one handicapped spot. The ice cream store will have a separate entrance; there will not be a common entrance with the liquor store. There will be a walk up window on the front and on the side. There will an entrance in the back and an entrance on the side for two means of egress. There will be six parking spots in the back which will be paved. There will be 21-banked spaces. There will be a seating area in front of the store. The proposed drywell is large enough to handle
all the pavement.
There was discussion regarding the brick veneer and it will match the existing building.
Don Cropsey stated that he hoped the signs would become consistent on the site.
Kim Spano stated that they were willing to change the signs. Kim stated that they were hoping to keep the landscaping consistent with Cosimos 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 Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of this special use permit/variance for a seasonal ice cream parlor would cause a negative impact upon the environment. This review consisted of the review of the comments provided by the Albany County Planning Board, the Town Planner, the Town Planning Board, and the public hearing on January 18, 2006 which was continued to this evening. Based upon our review of these materials and review of the application, this Board finds that the granting of this application will not have a significant impact upon the environment and that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 3922
Request of Carlo and Kim Spano for a Variance of the Regulations/Special Use Permit under the Zoning Law to permit: the construction of a 44' x 16' single story building, to be used as a seasonal ice cream parlor, to an existing nonconforming shopping center. 38 parking spaces will be provided. A variance to allow 12 parking spaces in a required rear yard is requested.
Per Articles III, IV & V Sections 280-20, 280-31 & 280-51 & 52 respectively
For property owned by: Carlo and Kim Spano
Situated as follows: 1810 Western Avenue Albany, NY 12203
Tax Map # 52.09-5-8 Zoned: LB
In granting this motion, the Board makes the following findings of fact:
v A public hearing was duly noticed and held on January 18, 2006 and continued to this evening. The notice was supplemented by mailing the legal notice to property owners within 750' of said property. There were no oral or written comments received at either hearing.
v The Board adopted a negative declaration under SEQRA by a unanimous vote.
v The Albany County Planning Board had initially disapproved this application without prejudice pending the submission of a traffic study.
v The Town Planning Board provided a site plan review on January 11, 2006 which included various suggestions for amendments to the site plan.
v The Town Planner's memo of January 12, 2006 also raised similar concerns and issues.
v The Board further finds that this seasonal use as a ice cream parlor is a permitted use in this local business zone.
v The site plan has been substantially modified to address both the Planning Board and the Town Planners comments including expansion of the outdoor seating area, additional landscaping, expanding of the curbing along Rt. 20, direct pedestrian connection between the sidewalk and the ice cream parlor and also a narrowing of the ingress and egress from the lot.
v The two existing full access driveways will become one-way ingress and egress and also that the applicant has submitted a traffic study and a stormwater management plan which have been certified by an engineer.
v The Board further finds no parking variance is required and that the plans demonstrate 21-banked parking spaces.
In granting this request, the Board imposes the following conditions:
v Adherence to the plans as submitted except to be modified in terms of landscaping to examine whether or not alternatives to the Norway Maple might be appropriate and whether there should be a hedgerow around the front seating area. Applicant shall work with Don Cropsey on that because there may be some issues with DOT.
v DOT approval of the access to the highway.
v The hours of operation shall be April - October daily from 11am to 9pm as requested in the application.
v The snow removal should be handled on site, however if necessary snow will be removed off site to maintain the adequate number of parking spaces.
v The construction hours shall be Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
v The variance for the parking will be limited to this proposed seasonal use and that any other use that may be in this structure will require further review by this Board as to the appropriateness of the continuation of the variance.
v The proposed brick veneer for the structure shall match closely as possible with the existing structure.
v Downgrading of the signs to make them more compatible with the size of the structure.
v The applicant shall work with Don Cropsey regarding the landscaping along Rt. 20.
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 Pat Aikens. Vote 7 - 0.
MATTER OF BETHEL FULL GOSPEL CHURCH - 7315 RT. 158
Chairman Barber stated that this is a continued case and since that time the following have been received: revised site plan to address the concerns raised at the 9-21-05 hearing and a report provided by Boswell Engineering dated 6-21-06 which addresses the revised plans.
Chris Bovenzi, architect, discussed the site plan changes. Mr. Bovenzi stated that they had adjusted the number of parking spaces, adjusted the drive aisles to the minimum 26' width as required, adjusted the lighting on the building and in the parking lot and made the addition a little narrower. The stormwater pollution protection plan has been completed also.
Chairman Barber asked if they had addressed the concerns of the neighbors regarding traffic, speed bumps, etc.
Mr. Bovenzi stated that they show a 200' long, 6' high fence along the property line and additional landscaping items.
Pastor Steve Foti stated that he had spoke to the neighbor and there will be some sort of barrier installed between the driveways, possibly either the fence or landscaping.
Don Cropsey stated that either the fence or the hedge is fine, as long as the neighbor is happy with it.
There was discussion regarding the stormwater plan.
Chairman Barber asked about the proposed additional lighting.
Mr. Bovenzi replied that there is a 20' pole lighting the parking lot with a 400-watt floodlight and the sides of the building are lit with 150-watt lights at 10'.
Chairman Barber stated that they generally have discouraged 20' light poles and asked if they could reduce the height of the pole.
Mr. Bovenzi stated that they could reduce the pole and install two 12' poles instead.
Chairman Barber asked what the proposed hours are.
Pastor Foti stated that Sunday night and Wednesday night are the only evening services for the congregation and both of the services are out by 8:30 so the lights would be off relatively early and they will not be left on the other nights.
Chairman Barber asked if they are comfortable with the number of parking spaces.
Pastor Foti replied that he was.
Rob Osterhoudt of Boswell Engineering stated that the biggest issue he has at this point is there are some outstanding issues with stormwater management and the engineer will be sending a revised report back to them for their review. Mr. Osterhoudt stated that most of the issues have been addressed and has no problem with the Board granting approval tonight conditioned upon addressing the comments in his letter.
Chairman Barber asked if there were any questions or comments from the residents.
The next-door neighbor had several concerns which he reiterated; possibly installing a speed bump or a gate, the lighting, greenery instead of the 6' stockade fence and more greenspace.
Pastor Foti agreed to install a speed bump and would work with Don Cropsey as to the placement of it.
There was discussion regarding possibly installing a gate or a chain.
Chairman Barber asked Pastor Foti if he would like to possibly bank some of the parking.
Pastor Foti replied that he would prefer banking some of the spaces; approximately half of them.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of this special use permit/variance for an addition to an existing church would cause a negative impact upon the environment. This review consisted of the review of the comments provided by the Albany County Planning Board, the Town Planner, the Town Planning Board, comments received from residents at the public hearing in January and also here this evening. Based upon our review of these materials and review of the application and also the conditions which the Board will be imposing as part of the approval, this Board finds that the granting of this application will not have a significant impact upon the environment and that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 -
0.
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 3902
Request of Steve Foti of Bethel Full Gospel Church for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the expansion of an existing church by constructing a 48' x 120' addition and associated parking areas. Purpose of this addition will provide seating for 186 people, a nursery, a kitchen and three offices. The existing building will be converted to Sunday school classrooms. Eighty-four parking spaces will be provided. Actual number required to be determined by the Board. Variances are requested from providing a sidewalk along State Rt. 158.
Per Articles III, IV & V Sections 280-13, 280-25 & 280-51 & 52 respectively
For property owned by: Bethel Full Gospel Church
Situated as follows: 7315 Rt. 158 Schenectady, NY 12306
Tax Map # 14.00-1-15.22 Zoned: AGR
The Board makes the following findings of fact:
v Public hearing was duly noticed and held and continued to this evening. The notice was supplemented by mailing the legal notice to property owners within 750' of this property. Two residents provided oral comments which the Board has considered in this decision.
v This Board adopted a negative declaration under SEQRA by a unanimous vote.
v The Albany County Planning Board's recommendation was to have the matter reviewed by the Albany County Department of Health for permits, by the NYSDOT for highway access and also for a SPEDES permit by DEC.
v The Town of Rotterdam in a letter dated 10-25-05 advised that they will not require any site plan review for this addition because all of the structural improvements are located in the Town of Guilderland.
v The Town Planning Board provided the ZBA with comments on 8-10-05 related to stormwater pollution prevention and landscaping to address the concerns of the neighboring properties.
v The Town Planner also provided the ZBA with comments which were considered during the public hearings.
v The Board appointed Boswell Engineering as the TDE to review various issues related to the application. Boswell has provided the Board with letters dated 4-11-06 and 6-21-06 in which they have reviewed the plans and have concluded that the project should be approved with relatively minor technical matters which can be resolved post approval.
v The Board further notes that the applicant did provide us with an engineering report by Buckman and Whitbeck which concludes that the proposed dry swale will reduce peak flows to below predevelopment amounts and that they will be treating stormwater consistent with state requirements.
v The applicant has provided us with a site plan which depicts the required number of parking spaces and will note later that a number of those parking spaces can be banked based upon the present anticipated use of the structure.
v The Town of Rotterdam was properly noticed and declined to provide any comments on this application.
In granting this application, the Board imposes the following conditions:
v Adherence to the plans as submitted with the following amendments: replace the 20' high lighting pole with two 12' lighting poles in the parking lot and be downcast to minimize any impacts upon neighboring property owners. The lights shall be turned off during non-occupancy of the building.
v Work with the neighboring property owner regarding the appropriateness of a fence or landscaping to buffer the impacts associated with this addition and with the possibility of speed bumps and some means of preventing access to the rear of the structure. The applicant shall work with the neighbor and Mr. Cropsey if necessary to resolve those matters.
v Albany County Department of Health review of any required permits, DOT review for highway capacity and access, SPEDES permit as required by DEC, Guilderland Water Department approval of any proposed water service and addressing of any comments set forth in Boswell correspondence.
v Final approval by the appropriate fire department.
v Any stormwater management/snow removal will be handled so that they do not negatively impact upon adjacent neighboring property owners.
v The Board determined that the sidewalk variance should be granted because there are no nearby properties along Rt. 158 that have sidewalks and the likelihood of a continuous and contiguous sidewalk is very remote. If adjacent properties do install sidewalks because of developments along Rt. 158 make sidewalk installation appropriate, the applicant will cooperate and the will place a sidewalk across their property.
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 Sharon Cupoli. Vote 7 - 0.
MATTER OF SANDELL MFG. - 310 WAYTO ROAD
This also is a continued case with the following additional materials: exchange of correspondence from Hershberg & Hershberg and Delaware Engineering (TDE), revised plans that have incorporated the comments from the Zoning Board, the Planning Board and the TDE and a stormwater management plan.
Dan Hershberg presented a plan with revisions: the 20,000sf addition at the back for loading docks and storage material has been removed from the project and an addition to the existing storage building. Mr. Hershberg stated that the activities that would take place in the new building are storage with the exception of a piece of equipment which bends copper to make flashing. Mr. Hershberg stated that the traffic impact will be less than estimated in Creighton Manning's original figures because they figured it on 76,000sf and now the 20,000 sf addition has been removed from the project. Mr. Hershberg stated that from a stormwater management standpoint, there are no real issues.
Mr. Hershberg stated they have a private water system instead of a public system.
Ken Johnson of Delaware Engineering addressed his concerns (in letter). Ken Johnson gave a brief overview of the private water system.
There was discussion regarding tenants for the 56,000sf building. Mr. Hershberg stated that they anticipate that every time there is a new tenant, they would come back to the Board for approval.
Chairman Barber asked Mr. Hershberg to discuss the lighting plan.
Mr. Hershberg stated that it is a very dark site, there are some building mounted lights and some 12' light poles.
Chairman Barber asked if there were any questions or comments from the residents.
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 has conducted a review of this application to determine whether the granting of this special use permit/variance for a 56,000sf warehouse and a 5900 sf addition to an existing building in this Industrial Zone would have a significant negative impact upon the environment. This review consisted of the review of the comments provided by the Albany County Planning Board, the Town Planner, the Town Planning Board, and comments received from the TDE, Delaware Engineering. Based upon our review of these materials and review of the application this Board finds that the granting of this application will not have a significant impact upon the environment and that a negative declaration under SEQRA should be issued." Motion seconded by Chuck Klaer. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Amend Special Use Permit #20-98/ Request No. 3828
Request of Savario Minucci for an amendment to Special Use Permit #20-98 under the Zoning Law to permit: the construction of a 5868sf addition to an existing manufacturing/storage facility and the construction of a 56,000sf warehouse for storage. On site sewage disposal for each building will be constructed. Access to the site will remain as is.
Per Articles III & V Sections 280-23 & 280-52 respectively
For property owned by SJM Realty, LLC
Situated as follows: 310 Wayto Road Schenectady, NY 12303
Tax Map # 15.00-2-3 Zoned: IN
This motion is granted upon the following findings of fact:
v A public hearing has been duly noticed and held and continued to this evening. The notice was supplemented by mailing legal notices to property owners within 750' of said property.
v This Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
v Albany County Planning Board's recommendation of 5-19-05 was ACDH review of water connections and wastewater treatment system and also the Albany Pine Bush Preserve Commission review.
v The site plan review provided by the Town Planning Board on 9-8-04 was approve with conditions regarding a stormwater pollution prevention plan, landscaping and review of the traffic at Wayto Road and Carman Road.
v The Town Planner also provided us with comments in a memo dated 10-6-04.
v The Board appointed Delaware Engineering as a TDE and they have provided the Board with comments throughout this application in particular in letters dated March 31, 2006 and again on June 14, 2006.
v The Board further finds that this proposed use as a storage facility is a permitted use in this Industrial Zone.
v The TDE has reviewed the traffic impact statement prepared by Creighton Manning Engineering and also the stormwater management plan report and has determined that the reports are acceptable and recommends that the project proceed with the proposed design.
v The TDE has also provided the Board with comments on the plans submitted by Hershberg and Hershberg which were last revised on May 24, 2006. Those plans have been revised since their prior submission to include some landscaping along the Thruway access as recommended by the Town Planner and other modifications to address the concerns raised by the fire department and the TDE.
v Even though this is in an industrial zone, the project meets all greenspace requirements, all parking requirements and setback requirements.
In granting this application, the Board imposes the following conditions:
v Adherence to the plans submitted by Hershberg and Hershberg which were last revised on May 24, 2006.
v Compliance with any additional comments that still need to be addressed which are contained in Delaware Engineering's letter of June 14, 2006.
v NYS Department of Health review as noted by the TDE in his letter. ACDH review of water supply and wastewater treatment system.
v Each tenant use is subject to further review by the Board in terms of an amendment to the existing special use permit.
v The storage shall be limited to roofing and metal products with approximately 10% of the structure being used for metal fabricating.
v Removal of any temporary storage tents or containers once the Certificate of Occupancy for the new structure has been granted.
v No hazardous material shall be stored in the facility.
v Adherence to the stormwater management plan.
v Final review and approval by the fire department.
v Final review and approval by the Guilderland Water and Wastewater Department.
v Adherence to any prior special use permits except as modified by this approval.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit amendment 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 WALTER TRYON - 7131 FULLER STATION ROAD
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:
Variance Request No. 3951
Request of Walter Tryon, Jr. for a Variance of the regulations under the Zoning Law to permit: the placement of a 24' x 36' unenclosed carport in a required side yard. This proposed storage structure will replace a previously approved 12' x 20' storage structure.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by: Walter Tryon, Jr.
Situated as follows: 7131 Fuller Station Road Schenectady, NY 12303
Tax Map #s 15.18-3-15 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of June, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 13, 2006"
The file consists of the mailing list to 19 neighboring property owners and the appropriate fire district, the Town's required forms for a variance, sketch depicting the shed placement, carport description, and the Town Planners comments.
The Town Planner had the following comments: "The applicant is requesting an area variance to replace an existing storage shed with a larger structure that cannot be placed behind the house. No planning objections."
Walter Tryon, applicant, presented the case.
Chairman Barber stated that the applicant has a very small back yard and the shed could not be placed in the rear yard.
Mr. Tryon stated that the shed would be used to store his car and his boat in.
Chairman Barber asked what the color of the structure would be.
Mr. Tryon replied that it would be white and gray or white and burgundy to match the house.
Mr. Tryon stated that he would be removing the portable garage that is there now.
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. 3951
Request of Walter Tryon, Jr. for a Variance of the regulations under the Zoning Law to permit: the placement of a 24' x 36' unenclosed carport in a required side yard. This proposed storage structure will replace a previously approved 12' x 20' storage structure.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by: Walter Tryon, Jr.
Situated as follows: 7131 Fuller Station Road Schenectady, NY 12303
Tax Map #s 15.18-3-15 Zoned: R15
The Board makes the following findings of fact:
v A public hearing was duly noticed and held this evening. Notice was supplemented by mailing the legal notice to property owners within 500' of said property. No oral or written comments were received.
v The Town Planner provided comments indicating she had no objections to the request.
v Both the Albany County Planning Board and the Town Planning Board's review was not required.
v The Board further finds that the proposed carport will replace an existing storage structure and that the existing single family home is situated so that there is only a 6' deep rear yard with no room for accessory structure.
v The back yard borders upon property owned by the power company.
v Given this severely restricted back yard, the Board finds that the citing is the next available location for this storage facility and that it rests on the rear part of the side yard.
v The carport will be located over 100' from Fuller Station.
v Under these circumstances, the requested variance will not have a negative impact upon the quality and 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 The color of the carport shall match as close as possible to the color of the existing structure.
v The existing storage facility shall be removed when the new carport is installed.
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 TRALANGO BUILDERS - 318 DANIELLE DRIVE
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:
Variance Request No. 3950
Request of Frank Tralongo for a Variance of the regulations under the Zoning Law to permit: the construction of a single-family ranch style home with a 27' +/- front setback on this corner parcel of land. A 30' setback is required, a 3' variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by: Tralongo Builders, Inc.
Situated as follows: 318 Danielle Drive Schenectady, NY 12303
Tax Map #s 27.11-3-90 Zoned: RO30
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of June, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 13, 2006"
The file consists of the legal advertisement with mailing to 14 neighboring property owners and the appropriate fire district, the Town's required forms for an area variance, the Town Planners comments, a narrative, contract of sale and a survey of the proposed house location by ABD Engineering.
The Town Planner had the following comments: "The applicant is seeking an area variance to construct a single family home that will encroach three feet into the required front yard of this corner lot. No planning objections."
Frank Tralango, applicant, presented the case. Mr. Tralango stated that DiBella Drive as it comes down into the intersection slightly curves towards Danielle Drive due to the Town Park so the building envelope also curves with the road. The house encroaches 1' on the left side of the house if they kept it at the 10' setback line but as a rule they like to stay at least one foot in the building envelope so they do not encroach any other sidelines. They are asking for a three-foot variance.
Chairman Barber stated that the three-foot variance would prevent them from infringing upon the 10' setback and the 30' setback on the right.
Frank Tralango stated that the three-foot variance gives them a little bit of a buffer around the whole perimeter of the house. Mr. Tralango stated that they tried to move the house back but it would still encroach on the property and they had also looked at other sites in the subdivision but this is really the only lot that the house will fit on due to the side load garage.
Chairman Barber stated that this seemed like a modest variance and would rather see the variance on the roadside than on the other side where the other house would be.
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. 3950
Request of Frank Tralongo for a Variance of the regulations under the Zoning Law to permit: the construction of a single-family ranch style home with a 27' +/- front setback on this corner parcel of land. A 30' setback is required, a 3' variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by: Tralongo Builders, Inc.
Situated as follows: 318 Danielle Drive Schenectady, NY 12303
Tax Map #s 27.11-3-90 Zoned: RO30
The motion is granted upon the following findings of fact:
v A public hearing was duly noticed and held this evening and no residents provided either written or oral comments.
v This is a Type II Action under SEQRA, not requiring SEQRA review.
v The Town Planner had no objections to this request.
v The Albany County Planning Board and the Town Planning Board's review of this request was not required.
v This is a corner lot which creates two 30' front yard setbacks and is further exacerbated by the slight curve on Danielle Drive.
v The three-foot variance on the front yard setback from DiBella Drive will enable the house to be sited so that it is does not infringe upon the 10' side yard setback which would have a great impact on the neighborhood.
v The requested variance is in this Board's determination relatively modest and will not if granted have a negative impact upon the character or quality of the neighborhood.
In granting this request, the Board requires that the following conditions be met:
v Adherence to the plans and survey submitted by ABD Engineering and Surveyors as to the citing of the house.
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 GUILDERLAND AGENCY - 1807-1809 WESTERN AVENUE
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/Variance Request No. 3952
Request of James H. Murray III for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the connection of two previously approved office buildings by the construction of a 21'6" x 35' addition. Upon completion, building area will be 4535sf. 35 parking spaces are required, 28 are provided. Parking variances previously granted. A variance is requested from providing full required buffer between a residential zone and commercial property. Partial variance for buffer previously approved. Additionally a variance is requested for drive aisle width.
Per Articles III & V Sections 280-20 & 280-51 & 52 respectively
For property owned by: James H. Murray III and Ryan J. Murray
Situated as follows: 1807 & 1809 Western Avenue Albany, NY 12203
Tax Map #s 52.09-3-69 & 70 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of June, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 13, 2006"
The file consists of the legal advertisement with mailing to 81 neighboring property owners and the appropriate fire district, the Town's required forms for a Special Use Permit along with a Short Environmental Assessment Form for this Unlisted Action, the Town Planners comments, the Town Planning Board's site plan review, a narrative and a site plan.
The Town Planner had the following comments: "The applicants are requesting a special use permit to join two existing office buildings with a proposed one story addition. The parcels are directly east of the Westmere Plaza and contain an insurance business and a law firm. Access would be from the one eastern driveway and there is a paved outlet that allows traffic through the rear of the Westmere Plaza. The proposal also provides an additional seven parking spaces. I have the following comments:
- The elimination of a curbcut is encouraged. However, this will make the majority of traffic use the one driveway which is only 12 - 13' wide. Generally, this is only suitable for one way traffic. The applicant should explore an agreement with Westmere Plaza that would allow traffic to exit through the rear of the plaza, to the light on Gipp Road.
- The drive aisles are only 22' while our ordinance requires 24' for two- way traffic.
- The existing sidewalk is rather intermittent, concrete in some areas and asphalt in others. The sidewalk should be brought up to Town standards.
- A lighting plan should be shown for the rear parking and entry.
The Town Planning Board had the following comments: Recommend with the following: DOT review and approval, sidewalk constructed to the Town standards, eastern entrance to be striped for two way traffic, provide signage to indicate exit to Gipp Road through adjoining plaza, provide lighting plan, consideration be given to providing easement in favor of property to the east for egress to Gipp Road.
Thomas Poznanaki, architect, presented the case. New site plans were provided to the Board which incorporated some of the Planning Board's concerns. Mr. Poznanaki gave a brief overview of the project. Mr. Poznanaki stated that Mr. Murray had purchased 1809 Western Avenue and wished to add an addition which connects both buildings. It would only be accessible from one building but would adjoin the two buildings. The current driveway between the two buildings would be eliminated. A new sidewalk would be installed and new landscaping would be provided within the removed pavement area, approximately 700sf of additional green area. Mr. Poznanaki stated that they do not have enough room to widen the driveway into Mr. Murray's property. There are currently 18 parking spaces between the two businesses;
they have reconfigured the parking lot so they are able to come up with 24 parking spaces. There is a reciprocal parking agreement with the adjacent owner.
There was discussion regarding the easement behind the property.
Chairman Barber asked if any employees would be added.
Mr. Murray stated that they would not be adding any employees, the addition was needed for storage and filing space.
Chairman Barber asked if they would be willing to stripe the driveway.
Mr. Murray stated that they would be more than happy to put striping down.
There was discussion regarding eliminating the parking space way in the back and adding some additional landscaping there.
There was discussion regarding the height of the light poles.
Chairman Barber asked Don Cropsey about the previous parking variance granted.
Don Cropsey stated that there was a 4-space variance in previous files; but now he has an additional 6.
Chairman Barber stated that no further parking variance would be needed.
Don Cropsey also stated that the Board had also granted a variance for the buffer on 1809 Western Avenue.
There was discussion regarding materials being used for the addition.
Tom Remmert discussed widening the drive aisle in the rear to accommodate fire apparatus.
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 a review of this application to determine whether the granting of this special use permit/variance for an addition between two existing office buildings at 1807-1809 Western Avenue would have a significant negative impact upon the environment. Based upon our review of the application, the comments provided by the Town Planning Board and the Town Planner, we can determine that a negative declaration under SEQRA should be issued." Motion seconded by Chuck Klaer. Vote 7 - 0.
Chairman Barber made a motion for approval of:
"Special Use Permit/Variance Request No. 3952
Request of James H. Murray III for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the connection of two previously approved office buildings by the construction of a 21'6" x 35' addition. Upon completion, building area will be 4535sf. 35 parking spaces are required, 28 are provided. Parking variances previously granted. A variance is requested from providing full required buffer between a residential zone and commercial property. Partial variance for buffer previously approved. Additionally a variance is requested for drive aisle width.
Per Articles III & V Sections 280-20 & 280-51 & 52 respectively
For property owned by: James H. Murray III and Ryan J. Murray
Situated as follows: 1807 & 1809 Western Avenue Albany, NY 12203
Tax Map #s 52.09-3-69 & 70 Zoned: LB
This motion is granted upon the following findings of fact:
v A public hearing has been duly noticed and held this evening. The notice was supplemented by mailing legal notices to property owners within 750' of said property. No residents provided either written or oral comments regarding the application.
v This Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
v In a site plan review on 6-14-06, the Town Planning Board provided us with recommendations and comments which the Board has considered and the applicant has incorporated into revised plans.
v The Town Planner also provided us with comments in a memo dated 6-21-06 raising similar concerns regarding the drive aisle, the sidewalk and lighting.
v The Board further finds that the proposed project will result in the elimination of a curbcut and increase greenspace on the properties (approximately an additional 750sf of greenspace).
v The property also was benefited by an exit at the rear of the property which permits access to the traffic light at Gipp Road.
v The drive aisle width along the side of the building is preexisting but the Board notes that one business has been approved that utilizes this width and there has been no reported problems with vehicles passing by the building.
v There was a previous parking variance for this property and also an agreement with the property owner of the Westmere Plaza that provides 10 additional parking spaces so that there appears to be sufficient parking on site to meet the needs.
v The proposed addition with the façade of cultured stone and siding to match the existing structures is attractively designed and in meeting with the character of the neighborhood.
In granting this application, the Board imposes the following conditions:
v Adherence to the plans submitted by the architect with the provisal that the parking space at the rear of the property be moved and replace it with landscaping.
v Construction hours shall be Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
v Merger of the two lots to avoid the need for any variances.
v Fire department final review and approval of the proposed plans.
v DOT approval because it is work within the right-of-way.
v Construction of a sidewalk which meets the Town requirements.
v The applicant shall submit a lighting and landscaping plan for Board approval.
v Striping of the driveway to delineate two way traffic at Rt. 20.
v The applicant shall submit a copy of the parking agreement with Westmere Plaza which shows the 10 additional parking spaces.
v All other special use permits for the two parcels shall remain in effect except as modified by this decision this evening.
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 Sharon Cupoli. Vote 7 - 0.
The Board granted a one-year extension to the Albany Curling Club on McKown Road.
The Board appointed Vollmer Associates as TDE for Cellco Partnerships for the Fort Hunter Water Tower.
Meeting adjourned at 10:30pm.
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