Members Present: Peter Barber, Chairman
Patricia Aikens
Chuck Klaer
Mike Marcantonio
Susan Macri
Tom Remmert, Alternate
James Sumner
Janet Thayer, Counsel
Absent: 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.
NEW CASES:
MATTER OF SPARKYS PIZZA - 5 NEW KARNER ROAD
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:
Special Use Permit Request No. 3954
Request of Phil Atwood for a Special Use Permit under the Zoning Law to permit: live entertainment at an existing pizza/ice cream parlor located in an existing shopping plaza.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by: Schuyler Companies
Situated as follows: 5 New Karner Road Albany, NY 12203
Tax Map #s 51.07-1-2.1 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of July, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 21, 2006"
The file consists of the mailing list to 43 neighboring property owners, the Towns forms for a Special Use Permit, Albany County Planning Board's recommendation of 4/20/06, the Town Planners comments, a narrative, an authorization from the landlord, and a layout and lighting plan of the property.
Albany County Planning Board's recommendation of 4/20/06 was to defer to local consideration.
The Town Planner had the following comments: "The applicant is asking to amend his Special Use Permit to allow occasional live entertainment. No planning objections contingent on adequate parking and noise abatement if necessary."
Phil Atwood, applicant, presented the case. Mr. Atwood stated that he felt that there was a lack in the area of places for kids to go and hang out. Mr. Atwood stated that he would like to have a place for kids to stop in, alcohol free, no smoking, and in the Guilderland area. Mr. Atwood stated that he was looking from 9pm to 11pm on a Friday night, possibly some other nights.
Chairman Barber asked if it would be inside only.
Mr. Atwood replied that it would be inside only, no outside speakers.
Chairman Barber stated that his major concern was making certain that there were no problems with nearby residents.
Mr. Atwood stated that he had talked to some of the neighbors and they did not seem to have a problem with it…..there is a very large berm behind the building and across the street is strictly commercial.
Chairman Barber stated that if things go unexpectedly well and have some impacts upon the neighbors, the Board may want to revisit this.
Mr. Atwood replied that would not be a problem.
Chairman Barber asked Don Cropsey if he was comfortable with the parking situation.
Don Cropsey stated that there is plenty of parking there, the bank closes early and the dr. office also closes early.
There was discussion regarding the hours.
Chairman Barber asked if there were any questions or comments from the residents. There were none. Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 7 - 0. (Cupoli 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 request would cause a substantial negative impact upon the environment. Our review consisted of the comments provided to us by the Albany County Planning Board, the Town Planning Board and also by our review of the application here this evening. Based upon our review of these materials and the comments provided, I move that a negative declaration under SEQRA should be issued." Motion seconded by Jim Sumner. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 3954
Request of Phil Atwood for a Special Use Permit under the Zoning Law to permit: live entertainment at an existing pizza/ice cream parlor located in an existing shopping plaza.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by: Schuyler Companies
Situated as follows: 5 New Karner Road Albany, NY 12203
Tax Map #s 51.07-1-2.1 Zoned: LB
This motion is granted upon the following findings of fact:
o A public hearing was duly noticed and held this evening and no residents provided either written or oral comments regarding the application.
o This Board adopted a negative declaration under SEQRA by a unanimous vote.
o The Albany County Planning Board's recommendation of 4/20/06 was defer to local consideration.
o The Town Planning Board waived its review of this application.
o The Town Planner had no objections contingent upon adequate parking and noise abatement, if any.
o The Board further finds that this proposed use is located in an existing shopping plaza that faces Karner Road and there is no expansion of the space resulting from this special use permit.
o The premises are alcohol free; live entertainment is proposed at a time when other businesses will be closed, therefore there appears to be more than adequate parking on site; at least 60 spaces in or around the plaza.
o With these current conditions including the fact that the ice cream/pizza parlor faces Karner Road, that there is a large berm in the back of the plaza and a substantial distance between this site and rear residential properties that there appears to be no impact upon the character and quality of the neighborhood.
In granting this application, the Board imposes the following conditions:
o Hours as stated by the applicant here this evening for live entertainment will be Friday from 9pm to 11pm.
o The entertainment will be indoor only with no outdoor speakers.
o The Board reserves the right to review the granting of this special use permit if there are any issues or complaints or problems associated with either the noise or parking.
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 Sue Macri. Vote 7 - 0.
MATTER OF BRUCE HERING - 3418 CARMAN ROAD
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 III, IV & V of the Zoning Law on the following proposition:
Special Use Permit/Variance Request No. 3955
Request of Bruce Hering for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the construction of a 12' x 50' addition to an existing computer software office for a total of 2000 +/- sf of space. 22 parking spaces are required, 15 spaces are provided, and a 7-space variance is requested.
Per Articles III , IV & V Sections 280-13, 280-25 & 280-51 & 52 respectively
For property owned by Bruce Hering
Situated as follows: 3418 Carman Road Schenectady, NY 12303
Tax Map #s 15.18-3-6 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of July, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 21, 2006
The rest of the public file consists of the mailing of the public notice of this hearing to 23 neighboring property owners and the appropriate fire district, the Towns required forms for this variance/special use permit along with a Short Environmental Assessment Form under SEQRA, site plans, the Town Planners comments, Albany County Planning Board's recommendation, the Town Planning Board's site plan review and a project narrative.
The Town Planner had the following comments: "The applicant is requesting a special use permit to construct a 600sf addition to the south side of his existing business. The site is nicely landscaped and there is an existing sidewalk. My only comment concerns the location of the 5 additional parking spaces. Although zoned Local Business, there are residences on both sides of the property. Additional screening may be necessary to buffer the impact of vehicles and headlights on the house to the south."
Albany County Planning Board's recommendation of 5/18/06 was to defer to local consideration.
The Town Planning Board's site plan review of 6/14/06 was recommend with the following conditions: submission of a landscaping plan indication proposed and existing vegetation screening for the property to the south.
Chairman Barber stated that there have been a number of special use permits issued for this property.
Bruce Hering, applicant, presented the case. Mr. Hering stated that per the Planning Board's recommendation, he did have updated drawings showing shrubbery and provided them to the Board. Mr. Hering gave a brief overview of the proposal; stating it was a software company and there was no retail trade. Mr. Hering stated that the only parking use is by the employees and an occasional outside vendor. Mr. Hering stated that currently they have 9 full time employees and 3 part time employees. Mr. Hering stated that the Planning Board was concerned with the headlights shining into the neighboring property but there are mature shrubs that will provide screening but he would also plant another tree.
Chairman Barber asked if the houses next door were presently occupied.
Mr. Hering stated that they were.
Chuck Klaer asked if any of the trees would be removed.
Mr. Hering replied that the two in the front will remain and the two on the side will be removed to make room for the addition.
There was discussion regarding banking some parking instead of issuing a 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 Tom Remmert. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action: "This Board had conducted a review of the application to determine whether the granting of this request would cause a substantial negative impact upon the environment. Our review consisted of the comments provided to us by the Albany County Planning Board, the Town Planning Board and the Town Planner. Based upon those comments provided by those agencies and by our review of the application and the public hearing this evening, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 3955
Request of Bruce Hering for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the construction of a 12' x 50' addition to an existing computer software office for a total of 2000 +/- sf of space and a four space parking variance.
Per Articles III , IV & V Sections 280-13, 280-25 & 280-51 & 52 respectively
The Board makes the following findings of fact:
o Public notice was duly provided and the public hearing held this evening. No residents provided either oral or written comments regarding this application.
o The Albany County Planning Board deferred to local consideration.
o This Board adopted a negative declaration under SEQRA by a unanimous vote.
o The Town Planning Board's recommendation was to recommend with the condition of a landscaping plan and to screen the property to the south.
o The Town Planner had no objections to the granting of this application.
o The Board also finds that this is a permitted use in a LB zone and this business has been located at this site for over 13 years.
o No retail use is requested and no changes in existing use are proposed.
o The lot is attractively located with the sidewalk as required by the Town Code.
o The applicant will add five parking spaces and based upon the number of employees, 19 spaces are required, 15 are provided and there will be a four parking space variance. I move that based upon the low intense use and based upon the conditions on site that the parking variance can be granted without a negative impact upon the environment. The Board further notes that there is adequate space at the rear of the property for additional parking spaces should the need arise.
The Board grants this request with the following conditions:
o Adherence to the plan as submitted including adherence to the landscaping plan that will provide buffering of any impacts from the new parking spaces. The applicant will work with Don Cropsey should any additional landscaping be required.
o This variance is granted based upon the proposed limited use of the property as a computer software and consulting business.
o The Board reserves the right to review the variance should a more intense use be applied to the property.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit/Variance are not exercised within one year of date of issuance, they are hereby declared to be null and void and revoked in their entirety. Motion seconded by Sue Macri. Vote 7 - 0. (Cupoli absent, Remmert alternate)
MATTER OF GENETIC COMPUTERS - 2244 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. 3953
Request of Robert Semonchik for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the conversion of a 994sf single-family home to a professional office. Variances are requested for the following: 1) to allow a two way driveway of 11', 24' is required; a 13' variance is requested, 2) to allow a four car parking lot, 6 spaces are required, a 2 space variance is requested, 3) from providing a 5' wide sidewalk, and 4) to allow parking in a required side yard. Location of building is preexisting and nonconforming.
Per Articles III , IV & V Sections 280-13, 280-25 & 280-51 & 52 respectively
For property under purchase contract by Robert and Kristin Semonchik
Situated as follows: 2244 Western Avenue Guilderland, NY 12084
Tax Map #s 40.17-3-9 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of July, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 21, 2006"
The file consists of the legal advertisement with mailing to 15 neighboring property owners, the Town's required forms for a Special Use Permit/Variance, the Town Planners comments, the Albany County Planning Board's recommendation, the Town Planning Boards comments, contract of sale, a brief narrative and a plot plan.
The Town Planner's comments are as follows: "The applicants have requested a special use permit to use the structure at 2244 Western Avenue as a professional office for a computer consulting firm. The business has no other employees and they operate during normal business hours. The site plan shows four parking spaces but no sidewalk which should be required. No planning objections."
The Albany County Planning Board's recommendation of 6-15-06 was to have this reviewed by NYSDOT for the design of highway access and assessment of road capacity.
The Town Planning Board had the following comments: "Recommend approval with the following condition: provide a sidewalk as determined to be appropriate by the Zoning Board of Appeals."
Robert Semonchik, applicant, presented the case. Mr. Semonchik stated that primarily 90% of his work is on site consulting and very, very rarely would he have any customers come to his office.
There was discussion regarding the parking spaces and the turn around space on the property. Mr. Semonchik stated that he does not really even need the four parking spaces.
Chairman Barber asked if there was room to put in a sidewalk.
Don Cropsey replied that there is definitely room to put one there.
Chairman Barber stated that the Board has generally been requiring sidewalks but if it is going to be placed in the DOT right-of-way, the applicant does need DOT's permission.
Jim Sumner asked the applicant if they were going to be living in this building.
Mr. Semonchik replied that they really were not sure at this time, possibly sell their current home and move in here.
Chairman Barber asked if there were any questions or concerns from the residents.
Merry Sparano of 3000 Williamsburg Drive spoke on behalf of the library, not in official capacity. Ms. Sparano had concerns regarding the narrowness of the lot and also their driveway being used as a turnaround for the liability of the library.
Robert Danza, the owner of 2246 Western Avenue, stated that the applicant had his full support of the project.
Chairman Barber made a motion to close the public hearing. Motion seconded by Pat Aikens. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action: "This Board had conducted a review of the application to determine whether the conversion of a single family home to a professional office at 2244 Western Avenue would have a substantial negative impact upon the environment. This Board determines based upon the comments provided by the Albany County Planning Board, the Town Planning Board and the Town Planner that there will not be a negative environmental impact and that a negative declaration under SEQRA should be issued." Motion seconded by Pat Aikens. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 3953
Request of Robert Semonchik for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the conversion of a 994sf single-family home to a professional office. Variances are requested for the following: 1) to allow a two way driveway of 11', 24' is required; a 13' variance is requested, 2) to allow a four car parking lot, 6 spaces are required, a 2 space variance is requested, 3) from providing a 5' wide sidewalk, and 4) to allow parking in a required side yard. Location of building is preexisting and nonconforming.
Per Articles III , IV & V Sections 280-13, 280-25 & 280-51 & 52 respectively
For property under purchase contract by Robert and Kristin Semonchik
Situated as follows: 2244 Western Avenue Guilderland, NY 12084
Tax Map #s 40.17-3-9 Zoned: BNRP
The motion is granted upon the following findings of fact:
o The public hearing was duly noticed and held this evening. The notice was supplemented by legal notices to neighboring property owners within 500'. One nearby property owner expressed support of the application and another person appeared as a trustee but not in an official capacity on behalf of the library expressing her concerns regarding the application.
o This Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
o The Albany County Planning Board's recommendation of June 15, 2006 was review by NYSDOT.
o The Town Planning Board's site plan review of June 14, 2006 was recommend approval with the condition regarding the placement of a sidewalk.
o The Town Planner's memo of June 28, 2006 stated she had no planning objections.
o The Board further finds that the proposed use as a computer-consulting firm consisting of approximately 90% of its business off site constitutes a professional office which is a permitted use in this BNRP zone.
o The business is owner operated with no other employees.
o The business is by appointment only
o There are four on site proposed parking spaces and given the intensity of the use and the limited need for parking particularly given the fact that it is by appointment only the parking variance of two spaces is appropriate and will not have a negative impact upon the character of the neighborhood.
o Deliveries to the site as noted by the applicant are very limited.
o Given the anticipated use and the fact that it is a non-retail use, the 11' drive aisle has been deemed by the Board under similar circumstances to be adequate.
o The side yard parking variance has not objected to by one of the neighboring property owners.
o The Board further notes that given the intensity of the use and the non-retail nature of the business that it will not have an impact on neighboring properties.
In granting this application, the Board imposes the following conditions:
o The hours shall be as set forth in the application; Monday - Friday from 9am to 5pm and by appointment only.
o Snow shall be removed to maintain the required number of parking spaces.
o Review of this application by NYSDOT as required by the Albany County Planning Board.
o The installation of the Town Code required sidewalk; working with the Chief Building Inspector on the appropriate citing of that sidewalk.
o The business shall be operated as appointment only with no retail.
o All the variances are limited to this owner-operated business with no employees and that should this use change, the Board reserves the right to review these conditions and the appropriateness of the variances.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit/Variance are not exercised within one year of date of issuance, they are hereby declared to be null and void and revoked in their entirety. Motion seconded by Chuck Klaer. Vote 7 - 0. (Cupoli absent, Remmert alternate)
The Board continued the request from Nuri Ozbay for signage at 1611 Western Avenue until the next meeting.
The Board approved a temporary banner for Kumon at 20 Mall for two weeks only with the possibility of extending the time after the original two weeks.
The Board approved the minutes of April 5, 2006.
The meeting adjourned at 8:30pm.
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