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 MEGAN AND DAVID ORSINI - 3455 E. LYDIUS STREET
Chairman Barber recused himself from this application. Sharon Cupoli was acting Chairman.
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. 3965
Request of Megan and David Orsini for a Variance of the regulations under the Zoning Law to permit: a reduction in the width at the building line from 100' to 90' on an existing single-family parcel.
Per Articles III & V Sections 280-14& 280-51 respectively
For property owned by Brian and Stacy Wilson
Situated as follows: 3451 East Lydius Street Schenectady, NY 12303
Tax Map #s 28.00-2-1.3 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of September, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 30, 2006"
The file consists of the legal advertisement with mailing to 13 neighboring property owners, the Town's required forms for an area variance, the Town Planning Board concept approval, the Town Planner's comments, resident letters, plot plans, a narrative and a purchase agreement.
The Town Planner had the following comments: "The applicant is applying for an area variance to amend a lot line between two existing homes. The relocation of the line 10' to the west will reduce the required width at the building line for the one house. No planning objections."
David and Megan Orsini presented the case. Mrs. Orsini stated that they are applying for this variance for a lot line amendment so they can reconstruct a retaining wall that is currently snug up against their property line and to create a privacy buffer through landscaping between the two properties.
Acting Chairman Cupoli stated that the neighbor approved of their plan. She asked the applicant to go over their landscaping plan.
Dave Orsini stated that he needed a few feet more for the driveway and still leaves ample space for the planting area between the two properties. Mr. Orsini stated that he has not finalized the plantings yet.
Acting Chairman Cupoli asked Mr. Orsini if he would be willing to work with Don Cropsey as far as the planting layouts.
Mr. Orsini replied "absolutely".
Acting Chairman Cupoli asked if they had talked to any of their other neighbors regarding their plans.
Mr. Orsini stated that to the east of them the property is for sale and there are no neighbors across the street.
Acting Chairman Cupoli asked if there were any questions or comments from the residents. There were none. Acting Chairman Cupoli made a motion to close the public hearing. Motion seconded by Jim Sumner. Vote 6 - 0. (Barber recused, Aikens absent, Remmert alternate)
Chuck Klaer had concerns regarding access to both of the rear yards.
Acting Chairman Cupoli made a motion for approval of:
Variance Request No. 3965
Request of Megan and David Orsini for a Variance of the regulations under the Zoning Law to permit: a reduction in the width at the building line from 100' to 90' on an existing single-family parcel.
Per Articles III & V Sections 280-14& 280-51 respectively
For property owned by Brian and Stacy Wilson
Situated as follows: 3451 East Lydius Street Schenectady, NY 12303
Tax Map #s 28.00-2-1.3 Zoned: R15
The Board made the following findings of fact:
ü A public hearing was duly noticed and held this evening. Notice was supplemented by mailing legal notice to 13 property owners within 500' of said property. There were no oral comments at the hearing this evening.
ü This is a Type II Action under SEQRA, not requiring SEQRA review.
ü Albany County Planning Board's recommendation was not required.
ü The Town Planning Board granted its concept approval.
ü The Town Planner had no planning objections.
ü Brian and Stacy Wilson, the neighbors impacted by this application, submitted a letter to the Board dated July 27, 2006, stating in part, "We are in full support of their efforts as it is apparent to us they need this property to reconstruct a more appropriately placed retaining wall to ease the use of their garage. They also plan to use this parcel to create a privacy buffer which will be an asset to both property owners. The Orsini's have also discussed this effort with our father, Richard Ketterer, partial owner of 3451 E. Lydius Street, who also favors the Orsini's effort."
ü The Board also finds that the retaining wall and landscaping will not result in an undesirable change in the character of the neighborhood nor will the work be detrimental to nearby neighbors, nor will it have an adverse impact on the physical or environmental conditions of the neighborhood. The homes already exist, and the work contemplated is a retaining wall and landscaping between the two homes and their respective parcels of land. The work, as proposed, will be a benefit to the neighborhood and the next-door neighbor.
In granting this application, the Board imposes the following conditions:
ü Adherence to the plans as submitted.
ü Hours of construction are limited to: 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 and compliance with any other legal requirements and fees.
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 Chuck Klaer. Vote 6 - 0. (Barber recused, Aikens absent, Remmert alternate)
MATTER OF LENORA KIRBY - 9 PAULINE 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 & V of the Zoning Law on the following proposition:
Variance Request No. 3967
Request of Lenora Kirby for a Variance of the regulations under the Zoning Law to permit: the construction of a master bedroom/bath and front foyer addition, each of which will encroach on a required front yard. A 35' front setback is required; 26.6' and 28.1' are proposed, variances of 8.4' and 6.9' respectively are requested.
Per Articles III & V Sections 280-14& 280-51 respectively
For property owned by Lenora Kirby
Situated as follows: 9 Pauline Avenue Albany, NY 12203
Tax Map #s 51.07-1-21 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of September, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 30, 2006"
The file consists of the legal advertisement with mailing to 38 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative and some schematic diagrams and plans which show the proposed additions.
The Town Planner had the following comments: "The applicant is requesting an area variance for an addition that will encroach into the required front yard setbacks of this corner lot. No planning objections."
Lenora Kirby, applicant, presented the case.
Chairman Barber stated that the variances were needed for a variety of reasons; health related, to be able to add a ramp in the future and for increased mobility in the home.
Ms. Kirby stated that she would like to add 148sf which is approximately a 12' x 12' area.
Chairman Barber stated the variance was not substantial when viewed as where the house is actually located today. Chairman Barber stated that this is almost a triangular shaped unique corner lot.
Chairman Barber stated that he thought it was a perfectly valid request.
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. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 3967
Request of Lenora Kirby for a Variance of the regulations under the Zoning Law to permit: the construction of a master bedroom/bath and front foyer addition, each of which will encroach on a required front yard. A 35' front setback is required; 26.6' and 28.1' are proposed, variances of 8.4' and 6.9' respectively are requested.
Per Articles III & V Sections 280-14& 280-51 respectively
For property owned by Lenora Kirby
Situated as follows: 9 Pauline Avenue Albany, NY 12203
Tax Map #s 51.07-1-21 Zoned: R15
The Board made the following findings of fact:
ü A public hearing was duly noticed and held this evening. Notice was supplemented by mailing legal notice to 13 property owners within 500' of said property. There were no oral or written comments received.
ü This is a Type II Action under SEQRA, not requiring SEQRA review.
ü Albany County Planning Board and the Town Planning Board's recommendation were not required.
ü The Town Planner had no planning objections.
ü The Board further finds that this is a triangular shaped corner lot which creates the situation of having two front yards with setbacks of 35' required from both Pauline Avenue and Pineknob Drive. The house is located approximately 20' from Pauline Avenue and approximately 30' from Pineknob Drive and was cited at that location more than 50 years ago when the zoning setbacks were different.
ü The proposed addition will provide necessary space for user mobility and also for the installation of a ramp for this resident.
ü There will be no impacts at all upon the sight line along either Pauline Avenue or Pineknob Drive.
ü The variance is not substantial and will not impact the character or quality of the neighborhood.
In granting this application, the Board imposes the following conditions:
ü Adherence to the plans as submitted by the applicant.
ü Hours of construction are limited to: 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 and compliance with any other legal requirements and fees.
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 Chuck Klaer. Vote 7 - 0. (Aikens absent, Remmert alternate)
MATTER OF DAVID ZANOTTA - 12 WORTHINGTON 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:
Variance Request No. 3966
Request of David Zanotta for a Variance of the regulations under the Zoning Law to permit: the placement of a storage shed in a required side yard.
Per Articles III & V Sections 280-14& 280-51 respectively
For property owned by David Zanotta
Situated as follows: 12 Worthington Road Schenectady, NY 12303
Tax Map #s 15.09-1-10 Zoned: R40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of September, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 30, 2006"
The file consists of the legal advertisement with mailing to 19 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative, a site plan showing the location of the shed and a letter from Rodger Stone.
The Town Planner had the following comments: "The applicant is requesting an area variance for a shed that has been constructed within the required side yard. No planning objections although there are no site limitations that would prevent the proper placement of the shed."
David Zanotta, applicant, presented the case. Mr. Zanotta stated that the shed has been there for a number of years.
Chairman Barber asked if there was a cement floor to this shed.
Mr. Zanotta stated that he did not apply for a building permit because it was a pre fab shed and he did not think that he needed a building permit. Mr. Zanotta stated that it was sitting on blocks.
Chairman Barber asked if there was any space in the back yard where he could relocate the shed.
Mr. Zanotta stated that there is plenty of space but the reason he put it there is for the heavy equipment during the wintertime because he has had back problems.
Chairman Barber stated that this is a rather large lot and asked if he has had any discussions with his neighbor about the placement of the shed.
Mr. Zanotta replied that he had not.
Don Cropsey stated that Mr. Zanotta's next door neighbor had applied for a building permit for a shed and the shed on the site is placed contrary to what is depicted on the permit so Rodger Stone is in the process of writing him another letter.
Chairman Barber asked if there have been any other variances granted in that neighborhood.
Don Cropsey replied that there was one variance granted on a corner lot for a garage.
Chairman Barber asked Don Cropsey if he knew the distance from the Zanotta's shed and the neighboring property.
The applicant replied that the shed is approximately 15' from one corner.
Chairman Barber asked if there was any landscaping around the shed.
The applicant submitted a picture of the shed. (in file)
Chairman Barber stated that each of these cases are taken on their own facts and whether or not each Board member feels that it will have a detrimental impact upon the neighborhood.
Chuck Klaer asked if they wanted to nullify the law and grant the applicant this variance. Chuck stated that if he had applied for a variance before placing the shed there, he does not feel that the ZBA would have granted the variance. Chuck stated that he does not feel that the facts presented justify an exception.
Chairman Barber stated that the times he remembers asking homeowners to move sheds when there has been an objection from a neighboring property owner.
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. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 3966
Request of David Zanotta for a Variance of the regulations under the Zoning Law to permit: the placement of a storage shed in a required side yard.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by David Zanotta
Situated as follows: 12 Worthington Road Schenectady, NY 12303
Tax Map # 15.09-1-10 Zoned: R40
The Board finds the following facts:
o A public hearing was duly noticed and held here this evening. There were no oral or written comments received.
o The Albany County Planning Board and the Town Planning Board's review of this case was not required.
o The Town Planner had no planning objections.
o The lot measures over 23,000sf on a fan shaped lot and the shed has been cited at the location for over 5 years without any recorded complaints from neighbors.
o The shed is a substantial distance from the road and based upon the pictures submitted by the applicant this evening, the shed is attractively designed and matches in appearance with the house.
o The granting of this variance under NYS Town Law 267-b will not alter the character of the neighborhood. It is not substantial given the distance from the neighboring property. It will not have an adverse affect or impact upon the physical condition or environment in the neighborhood.
o Even though the placement of the shed is a self-created hardship, NYS Town Law Section 267-b specifically says that factor alone does not preclude the Board from granting a variance.
o Area variances are by the very nature, a waiver of a legal requirement and that is precisely why Zoning Boards of Appeals do exist.
In granting this decision, the Board imposes the following conditions:
o Adherence to the plans as submitted in terms of the citing of the shed; keeping it where it is and maintaining the appearance.
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 6 - 1. (Aikens absent, Remmert alternate, Klaer in the negative)
MATTER OF ROBERT STREIFER - 1700 WESTERN AVENUE
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:
Special Use Permit Request No. 3968
Request of Robert Streifer for a Special Use Permit under the Zoning Law to permit: the use of 194sf of a 1548sf apartment as a travel consultation business, a customary home occupation.
Per Articles III & V Sections 280-15& 280-52 respectively
For property owned by Seventeen Hundred Co.
Situated as follows: 1700 Western Ave. Albany, NY 12203
Tax Map # 52.14-2-11 Zoned: MR
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of September, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 30, 2006"
The file consists of the legal advertisement with mailing to 37 neighboring property owners, the Town's required forms for a special use permit, Albany County Planning Board's recommendation, the Town Planners comments, a narrative, permission from the owner of 1700 Designer Residences, rental application, and a site plan.
Albany County Planning Board had the following recommendation: "Defer to local consideration."
The Town Planner had the following comments: "The applicant has requested a special use permit for a home occupation at his apartment. The business is a travel company where no clients come to the home and no sign is posted. No planning objections."
Robert Streifer, applicant, presented the case. Mr. Streifer stated that he has been in the travel consulting business since 1992 and has operated this part time from his home and would not like to operate this business from his apartment while his new home is being built. Mr. Streifer stated that he operates his business as "restricted access" which means that the consulting firm is operated from the home and there is no client traffic or parking situations.
Chairman Barber stated that it seems very straightforward. Chairman Barber asked if he would be receiving any deliveries at any point.
Mr. Streifer replied a few, but they would be held at the post office for his pick up.
Chairman Barber stated that this would be a limited time special use permit.
Mr. Streifer replied that he anticipated it would be until fall of 2007.
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. (Aikens 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 special use permit will have a negative impact upon the neighborhood. After careful consideration of this application including the comments provided by the Albany County Planning Board, the Town Planner and also the fact that all operations are occurring within the apartment within a large apartment building, the granting of this application will not have any impact upon the environment and that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 - 0. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 3968
Request of Robert Streifer for a Special Use Permit under the Zoning Law to permit: the use of 194sf of a 1548sf apartment as a travel consultation business, a customary home occupation.
Per Articles III & V Sections 280-15& 280-52 respectively
For property owned by Seventeen Hundred Co.
Situated as follows: 1700 Western Ave. Albany, NY 12203
Tax Map #s 52.14-2-11 Zoned: MR
The Board finds the following facts:
o A public hearing was duly noticed and held here this evening. There were no oral or written comments received.
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 July 27, 2006 was to defer to local consideration.
o Town Planning Board's review of this case was waived.
o The Town Planner had no planning objections.
o The Board further finds that a travel consultant business which has no clients, no additional employees other than the applicant, which occupies less than 25% of the space and does not create any traffic beyond what was already anticipated in this MR zone constitutes a customary home occupation and meets the requirements.
o The landlord at 1700 Western Avenue has no objections to the proposed request.
o The customary home occupation is a permitted use in this MR zone.
In granting this decision, the Board imposes the following conditions:
o It is limited to the space identified in the submitted plans.
o As the application states, there will be no signs or clients.
o The Board is relying upon the representations of the applicant regarding the nature of the business in rendering 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. (Aikens absent, Remmert alternate)
SIGNS:
The Board approved a 32 sf temporary sign for Weichert Realtors at 1881 Western Avenue. Vote 7 - 0.
The Board approved a 25.88sf permanent building mounted sign for Jesses at 1800 Western Avenue. Vote 7 - 0.
The Board approved a 49.68sf freestanding identification sign for Starbucks at 1244 Western Avenue with landscaping at the base. Vote 7 - 0.
The Board approved a total of 44sf signage for Nick St. Louis for the Verizon store at 2027 Western Avenue conditioned upon the removal of all the other signage. Vote 7 - 0.
The Board approved a 48sf sign for Edward Welch (Liberty Tax Service) at 1204 Western Avenue and have the landscaping plan reviewed by the appropriate town personnel. Vote 7 - 0.
The Board approved two building mounted identification signs (48sf) for Berkshire Bank at 1704 Western Avenue. Vote 7 - 0.
The Board approved the minutes of 5/3/06. Vote 6 - 0.
The meeting adjourned at 8:45pm.
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