Members Present: Peter Barber, Chairman
Sharon Cupoli
Chuck Klaer
Mike Marcantonio
Susan Macri
Tom Remmert, Alternate
James Sumner
Janet Thayer, Counsel
Absent: Patricia Aikens
____________________________________________________________
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 PHILIP RAINER - 21 PARKWOOD STREET
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 & V of the Zoning Law on the following proposition:
Variance Request No. 3964
Request of Philip Rainer for a Variance of the regulations under the Zoning Law to permit: reconstruction of an attached garage with a wider footprint. A variance is requested to allow a 5'6" setback from a side yard. An 8' side yard setback is required on this undersized lot. A variance of 2'6" is requested.
Per Articles III & V Sections 280-14& 280-51 respectively
For property owned by Philip Rainer
Situated as follows: 21 Parkwood Street Albany, NY 12203
Tax Map #s 52.20-1-46 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 16th of August, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 8, 2006"
The file consists of the mailing list to 61 neighboring property owners, the Town's required forms for an area variance, a narrative and plans and the Town Planners comments.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a replacement garage that will encroach into the side yard setback. No planning objections."
Philip Rainer, applicant, presented the case. Mr. Rainer stated that the existing garage was built for smaller vehicles and is in disrepair.
Chairman Barber asked if any of their neighbors had any concerns.
Mr. Rainer replied that they did not have any concerns. Mr. Rainer stated that some neighbors were happy to hear that he was going to be replacing the existing garage.
Chuck Klaer asked about the wall.
Mr. Rainer stated that the wall is his and the property line ends at the outside side of the wall.
Chuck Klaer asked if he had any reason to be concerned that the wider garage is going to need reconstruction of that area by the garage.
Mr. Rainer replied "no". The space should accommodate it and did not feel that there was any problem with digging into that area. Mr. Rainer stated that he also has a letter from the neighbor on that side and he states that he has no concern with the construction.
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. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 3964
Request of Philip Rainer for a Variance of the regulations under the Zoning Law to permit: reconstruction of an attached garage with a wider footprint. A variance is requested to allow a 5'6" setback from a side yard. An 8' side yard setback is required on this undersized lot. A variance of 2'6" is requested.
Per Articles III & V Sections 280-14& 280-51 respectively
For property owned by Philip Rainer
Situated as follows: 21 Parkwood Street Albany, NY 12203
Tax Map #s 52.20-1-46 Zoned: R10
The Board makes the following findings of fact:
v This public hearing was duly noticed and one neighbor provided a letter stating they have no concern regarding the construction.
v This is a Type II Action under SEQRA, not requiring SEQRA review.
v The Town Planner noted no planning objections.
v The Board further finds that the existing garage is in poor condition and needs replacement.
v With this variance, the distance between their house and the next-door neighbor will be nearly 20', which is consistent with other homes in the neighborhood.
In granting this application, the Board imposes the following conditions:
v Adherence to the plans as submitted.
v The construction hours are limited as follows: Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety. Motion seconded by Sharon Cupoli. Vote 7 - 0. (Aikens absent, Remmert alternate)
MATTER OF ANDREW ESPERTI - 10 GRACEMORE STREET
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:
Variance Request No. 3963
Request of Andrew Esperti for a Variance of the regulations under the Zoning Law to permit: the construction of a covered front porch within a required front yard. A 35' front setback is required; 32' is proposed, a 3' variance is requested.
Per Articles III & V Sections 280-14& 280-51 respectively
For property owned by Andrew Esperti
Situated as follows: 10 Gracemore Street Albany, NY 12203
Tax Map #s 51.12-2-20 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 16th of August, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 8, 2006"
The rest of the public file consists of the mailing list to 40 neighboring property owners, the Town Planner's comments, the Towns required forms for an area variance, a project narrative and a sketch of the proposed porch.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a replacement porch that will encroach into the required front yard setback. No planning objections."
Andrew Esperti, applicant, presented the case. Mr. Esperti stated that the current porch is a small covered porch which is very narrow and feels that it is a safety hazard going in and out of the door.
Chairman Barber asked how old the house was.
Mr. Esperti replied it was built in the mid 50s and it looks like the original stoop.
Chairman Barber asked if any of the neighbors had voiced any concerns.
Mr. Esperti stated that a few of the neighbors had spoken to him and stated that they did not care what he did or they were in support of a new porch; no negative comments.
Chairman Barber stated that it seemed very straightforward and was a relatively minor variance.
Chairman Barber asked if there were any questions or comments from the residents.
Donna Walsh of 5 Gracemore Street stated that she was in favor of the improvement.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0. ( Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 3963
Request of Andrew Esperti for a Variance of the regulations under the Zoning Law to permit: the construction of a covered front porch within a required front yard. A 35' front setback is required; 32' is proposed, a 3' variance is requested.
Per Articles III & V Sections 280-14& 280-51 respectively
For property owned by Andrew Esperti
Situated as follows: 10 Gracemore Street Albany, NY 12203
Tax Map #s 51.12-2-20 Zoned: R15
The Board makes the following findings of fact:
v This public hearing was duly noticed and one neighbor provided stated her support for the application.
v This is a Type II Action under SEQRA, not requiring SEQRA review.
v The Town Planner noted no planning objections.
v The Board further finds that the variance will enable the replacement of the porch which will provide additional depth to the porch.
v The porch replacement is part of a home improvement which will greatly improve the appearance of the property.
v The granting of this variance will not cause any adverse affects upon the neighborhood or have a negative impact upon the quality or character of the neighborhood.
In granting this application, the Board imposes the following conditions:
v Adherence to the plans as submitted.
v The construction hours are limited as follows: Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety. Motion seconded by Sharon Cupoli. Vote 7 - 0. (Aikens absent, Remmert alternate)
The Board approved a temporary sign for Pioneer Savings Bank at 1881 Western Avenue.
The Board approved a 37sf building mounted sign for CM Fox at Star Plaza.
The meeting adjourned at 7:50pm.
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