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.
CONTINUED CASES:
MATTER OF FT. HUNTER WATER TOWER - LONE PINE ROAD
Chairman Barber stated that since the last hearing they have received additional information: an additional submission from the applicant entitled The Statement of Intent Application for a Site Plan and Special Use Permit approval dated 9/13/06, voluminous materials attached to a letter of August 10, 2006 by Thomas and Nicole Green of 3007 Patrick Road, a memo from the Town of Guilderland Water Department dated 9/15/06 providing additional information about the water tank indicating it was built in 1984-1985, a letter from Steven Nagle dated 9/20/06 in support of the application, and a letter dated 9/19/06 from Vollmer Associates LLP reviewing the application and concluding that the Special Use Permit should be granted finding that the proposal meets the FCC guidelines governing human exposure to radio frequency electromagnetic fields.
Chairman Barber stated that it is pretty unusual that there is a situation where the Zoning Board of Appeals has limitations that are not set forth in the code in terms of what they can and cannot do. When it comes to telecommunications facilities, there is a federal statute passed in 1996 that basically prohibits this Board from dealing with the placement or siting of telecommunications facilities if they meet certain guidelines set by the FCC. Part of the report provided by Vollmer Associates was reviewing that and concluded that they did meet the FCC guidelines. Chairman Barber stated that everyone's concerns are appreciated and are being addressed by the Board; it is just under the federal statute the ZBA is prohibited from addressing those health related issues and in fact the federal statute and the regulations that
are promulgated under that statute make it clear that health related concerns should be addressed through the FCC who then may or may not send out an investigator to assess the situation.
Michael Cusack, Attorney for Verizon Wireless, stated that since the last meeting on August 2nd they were contacted by the TDE and they requested two pieces of information; background on the radio frequency emissions and enlarged versions of the propagation studies that were included with the original application. Mr. Cusack gave some highlights of the Statement of Intent that was submitted (in file). Mr. Cusack stated that even taking into account the emissions from the current antennas installed in 1997 and 2003 and the emissions from the proposed antennas; you are still around 1% of the federal safety standard.
Chairman Barber asked if they moved the antennas to a remote area, would it provide the coverage needed in this area.
Mr. Cusack replied that the facilities really need to be kept in or near the area that is trying to be served and the farther you move away, the less likely it is that facility is going to be effective in the area where the need is. Mr. Cusack stated that they are also trying to integrate with the south Schenectady tower off Curry Road.
Mark Dempf of Vollmer Associates, TDE for the project gave a summary of his findings. Mr. Dempf stated that they do agree that there is a need for the addition at this site. The other items deal primarily with RF exposure. Mr. Dempf stated that one of the basic principles that they always look at is how does it comply with the regulations. Mr. Dempf stated that one of the dominant factors in the regulation is the height above the ground or the height above the area you are looking at as to where the antennas will be located. Mr. Dempf stated that in accordance with the regulations and applying the regulation back to what is proposed, you will see that the regulations call for them to look at things that are at or below 33' in a very comprehensive manner. Above 33', the regulations say that this Board and
their hands are tied as to how much detail you can go into. Mr. Dempf stated that they concur with the findings that they are at less than 1% of the regulatory standards with the proposal and at or near 1% with all of the combined RF effects. Mr. Dempf stated that they concluded that based on what they have been asked to review this application should be approved by the ZBA.
Chairman Barber asked if there were any questions or comments from the residents.
Jamie Louridas of 3034 Patrick Road asked whether there have been any studies done with respect to young children.
Jayaprakash Jayachandrababu of 3017 Patrick Road had concerns with the exposure of the antennas, especially to young children.
Thomas Green of 3007 Patrick Road had concerns with the safety issue and the FCC standards.
Chairman Barber stated that they as a Board are forced under the statute to say that if the FCC guidelines as they exist today are deemed not being violated by this application of by the cumulative effect of all the other antennas, then they are flat out prohibited from looking at the health related concerns. That does not mean that those concerns cannot be addressed in some form, such as investigators.
Rob Senska of 3015 Patrick Road discussed the propagation issues, the public health concern and the general welfare of the neighbors.
Chris Caruthers of 3014 Patrick Drive voiced his concerns regarding the health issues, the size of the tower, and asked why the Board could not fight the FCC.
Counsel Thayer stated that the Telecommunication Act of 1996 does not give the ZBA the authority to fight it. Any telecommunication entity that is adversely affected can sue a town but they cannot sue. The ZBA does not have a property interest as a Zoning Board and they have to have an interest of some sort to bring an Article 78 or a federal lawsuit based on health defects. There is clear case law that says this a matter of federal jurisdiction under the interstate commerce clause; if they brought a lawsuit, they would lose immediately. Counsel Thayer stated that this is one of the very few land use areas that local zoning boards do not have control over; the reason being is that Congress has decided that it is a national interest to have a national cell phone telecommunication industry and they do not want local
Boards to be able to say yeah or nay based on local standards; they want a federal standard.
Chittababu Guda of 3010 Patrick Road spoke about the negative health issues associated with the tower.
Pam Walsh of 3011 Patrick Road had concerns regarding the health issues, the aesthetics (tower would be more difficult to clean with more antennas on it), the location, the impact on the neighborhood and the residents and the property values.
Erica Senska of 3015 Patrick Road asked if the residents even have a say in this application.
Chairman Barber replied that to the extent that the residents are raising health related concerns, that if the applicant meets the FCC guidelines and the TDE that is appointed confirms that fact, then the Board is prohibited from denying an application for the siting of the antennas. Chairman Barber stated that there may be other reasons that the residents may want to raise other than health issues and it may have an impact.
Ms. Senska had concerns regarding the access road, the aesthetics, the location and the impact upon the community.
Lincoln Grimm of Guilderland Avenue spoke about the health issues.
Chin Bin Yap of 9004 Jennifer Court also voiced his objections to the proposal.
Fran Freidberg of 6019 Baneberry Drive stated that the Board needed to consider the aggrieved group of neighbors and should deny the application.
Sridhar Bitkuri of 3024 Patrick Road also objected to the proposal.
Jayaprakash Jayachandrababu of 3017 Patrick Road had concerns regarding the water quality in the water tower.
Chairman Barber asked Don Cropsey about the private road.
Don Cropsey stated that the applicant is proposing to use the existing driveway to the tower which is built by the town and it is designed to handle fire apparatus.
Michael Cusack responded to some of the concerns of the neighbors.
Chairman Barber asked Mr. Cusack if he was aware of any studies by the FCC that were related directly to the impacts upon children.
Mr. Cusack replied that the way the regulations are broken down to humans as a broad class; there is worker exposure and human exposure. There are different standards for people who work in the industry; on rooftops, climb towers for a living, etc.
Chairman Barber asked about the property values being negatively impacted.
Mr. Cusack replied he felt that there was a difference of personal opinion; there is nothing professional that he can see.
Chairman Barber asked about the aesthetic impact and the view of the antennas.
Mr. Cusack replied that he felt that there would be no negative impact. Mr. Cusack did state that as far as cleaning the water tank, the Town of Guilderland does have a requirement that they cooperate with any efforts to paint; they have to turn off their facilities and get off the tower so that it can be cleaned.
There was discussion regarding landscaping around the base equipment.
Chuck Klaer spoke about the need for the antennas.
Mr. Cusack replied that this is a growing industry and there is evidence that the antennas are needed; there is sporadic coverage and there are capacity elements involved. The coverage may be fine during the day but later on in the evening there will be problems. Mr. Cusack discussed the technology…..he stated that this is not a microwave technology; it does not operate in the microwave portion of the electromagnetic spectrum.
Chairman Barber asked why they needed 12 antennas.
Mr. Cusack replied that they go in pairs and they have to split the system for it to operate optimally; it is the standard design.
Chairman Barber asked if there were 12 antennas installed on the tower behind Town Hall if it would provide the coverage for the area being discussed.
Mr. Cusack stated firmly no. It is geographically distinct from the Ft. Hunter area. Mr. Cusack stated that there is still a gap on Carman Road.
Erika Senska spoke again regarding the aesthetics, effects on children, the property values, the health concerns and stated that she strongly opposed this application.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion of nonsignificance in this Unlisted Action:
"This Board has conducted a review of this application consisting of the public hearing conducted on August 2nd and continued to this evening to ascertain whether or not the granting of the application by Cellco Partnership for the installation of 12 wireless antennas and the associated equipment at the Fort Hunter water tower would have a negative impact upon the environment. This Board determines that a negative declaration should be issued for the following reasons: 1) the Albany County Planning Board's review was to defer to local consideration, and 2) we have received the comments from the TDE which finds that the report of Millenium Engineers which details the requirements of the FCC guidelines and the TDE had found that the FCC guidelines have been satisfied for purpose of this application and that therefore
this Board's review of the health related issues regarding the antennas and their emissions are beyond this Board's review. The Board further notes that any review of this matter would be in teerms of SEQRA could be reviewed by the FCC in terms of health related issues. Therefore for these reasons and the comments also provided by the Town Planner I move 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. 3960
Request of Michael Cusack for a Special Use Permit under the Zoning Law to permit: the collocation of 12 wireless antennas at approximately 64' above ground and associated ground equipment at the Ft. Hunter water tank.
Per Articles IV & V Sections 280-37 & 280-52 respectively
For property owned by Town of Guilderland
Situated as follows: 3045 Lone Pine Road Rear Schenectady, NY 12303
Tax Map #s 27.06-1-63 Zoned: RO30
In rendering this decision, the Board makes the following findings of fact:
1. A public hearing was held on August 2, 2006, and continued to this evening. At least 23 residents provided oral comments in opposition to the request. One resident submitted a letter in support.
2. The Board also received voluminous documents regarding the alleged potential negative health effects of radio frequency transmissions.
3. This Board adopted a negative declaration of SEQRA for this Unlisted Action by a unanimous vote.
4. In a resolution dated April 4, 2006, the Town Board authorized the Water Department to enter into a lease with Verizon for antennas on the Fort Hunter Water Tower pending approval of a Special Use Permit by this Board.
5. In a recommendation dated May 18, 2006, the Albany County Planning Board deferred to local consideration.
6. The Town Planning Board waived review of this application.
7. In a memorandum dated July 26, 2006, the Town Planner found no planning objections.
8. On August 2, 2006, the Board appointed Vollmer Associates, LLP to provide engineering services as town-designated engineer and review the applicant's submission.
9. The Fort Hunter Water Tower was constructed in 1984 and 1985.
10. In Special Use Permit No. 34-97, this Board granted T-Mobile's application for a Special Use Permit for six antennas on the Water Tower at approximately 103 feet above ground.
11. In Special Use Permit No. 17-03, this Board granted Sprint PCS's application for a Special Use Permit for four antennas on the Water Tower at a height of 100 feet above ground.
12. Under Telecommunications Act of 1996, and subsequent cases by the highest court in this state, providers of personal wireless services are treated as a public utility and are not required to meet the more stringent requirements for a use variance that may apply under NYS Town Law.
13. Verizon's application must meet two requirements:
(A) whether Verizon has demonstrated a need or "gap in service" ; and
(B) whether Verizon 's proposal to install 12 antennas on the existing Water Tower is the "least intrusive means" of satisfying the demonstrated need.
14. As for demonstrated a need; Verizon submitted propagation studies which indicated a gap in service in the Fort Hunter area.
15. This Board appointed Vollmer, as town-designated engineer, which reviewed the propagation maps and determined that there was gap in service and need for the antennas.
16. As a result, this Board determines that Verizon has demonstrated a need for these antennas.
17. As for "least intrusive means", this Board first asked Vollmer to examine other potential placements in the area.
18. Vollmer reviewed the potential use of the steeple at the Lynwood Reformed Church and a National Grid tower at 5215 Western Avenue.
19. Vollmer's report confirmed that these alternative sites would not meet the gap in service in the Fort Hunter area, primarily because they are outside the area to be served . The area of demonstrated need measures approximately 1/2 mile in diameter and is bounded by Carman Road, between Holly Drive and Lone Pine Road and East and West Lydius Streets.
20. There was also a suggestion that a new tower should be constructed within the service area to meet this need.
21. Town Code 280-37(G)(1) states that "the sharing use of existing towers shall be preferred to the construction of new towers". In any event, the construction of new telecommunications tower would simply transfer the alleged harm to another residential neighborhood in this residential zone.
22. As for aesthetic issues, the Board determines that the dominant visual impact is the Water Tower itself. Under the lease agreement, the applicant agrees to cooperate with the maintenance and painting of the Water Tower. The antennas will match the Water Tower in color.
23. As noted by the Town Planner, the proposed antennas are lower than the existing antennas and are no more obtrusive. These antennas were approved without objections. Use of the existing Water Tower is far better, in terms of visual impact, than the construction of new telecommunications tower.
24. As for health-related issues, the Board appreciates the concerns of residents regarding health impact and has carefully reviewed the submissions by neighbors. The Board notes, however, that the Telecommunications Act of 1996 states:
No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent such facilities comply with [the FCC's] regulations concerning such emissions.
25. This limitation on local board review of health-related issues has been upheld by the courts and found to be constitutional, in part, because any complaints regarding the placement of wireless facilities can be presented to the FCC for its review. The Board has repeatedly urged the neighbors to seek FCC review of their health-related complaints.
26. The phrase "environmental effects" includes health-related issues and impacts upon electrical devices.
27. FCC's regulations and FCC Bulletin 65 state that a wireless facility which is 10 meters (about 32.8 feet) above the ground and operates below specified threshold power levels is "categorically excluded" from review by a local zoning board. These safety threshold limits have been endorsed by Federal agencies responsible for health and safety.
28. The proposed antennas will be placed at 64 feet, well in excess of, and nearly double the 10-meter threshold.
29. With regard to the FCC's threshold power level, the Board asked Vollmer to review the cumulative effect of the power levels emitted by Verizon's proposed antennas and the power levels from existing antennas on the tower which were installed by T-Mobile (formerly Omnipoint Communications) in 1997 and by Sprint PCS in 2003.
30. In a report dated September 19, 2006, Vollmer reviewed the analysis of Millennium Engineering, Verizon's engineer, and concluded that the cumulative power level of the proposed and existing antennas is less than 1% of the FCC's threshold requirements for health-related concerns. This conclusion is largely the result of the 64-foot height of the antennas and the low power levels of the antennas.
31. As for property values, the Board finds that no empirical studies or expert reports were submitted which demonstrate any impact upon property values near proposed telecommunication facilities.
32. Successful arguments regarding impacts upon property value have occurred with the construction of new towers, not, like here, with the installation of antennas on an existing structure.
33. Both the Water Tower and the existing antennas pre-date the residential subdivision without any established impact upon sales.
34. Conclusory allegations regarding potential future decreases in property values do not amount to substantial evidence which is needed to deny the denial of a telecommunications facility under the Telecommunications Act of 1996.
35. In sum, this Board finds that this co-location on an existing Water Tower is the least intrusive means of addressing the demonstrated gap in service.
In granting this motion, this Board imposes the following conditions:
(A) applicant's continued compliance with FCC guidelines and regulations and the Town's Telecommunications Law;
(B) the installation of the antennas and base equipment in accordance with plans submitted;
(C) the submission of a landscaping plan for buffering the view of the
equipment cabinet and examine whether any tree plantings are possible to shield view of the antennas, although unlikely given their height;
(D) the antennas shall match as much as possible the color of the Water
Tower;
(E) the applicant shall comply with the conditions set forth in Vollmer's letter dated September 19, 2006; and
(F) if not already undertaken, Vollmer's review and approval of Tectonic Engineering's structural report.
The Zoning Administrator is authorized to issue any permits necessary to implement this decision.
If this Special Use Permit is not exercised within one year of it's filing, it is hereby declared to be null and void and revoked in its entirety.
Upon compliance with all other requirements of the Town law and other applicable laws and regulations, the resolution was adopted by a 7 - 0 (Aikens absent, Remmert alternate) vote of the Zoning Board of Appeals.
MATTER OF DEBORAH BEATTY - 804 RAINBOW DRIVE
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 Request No. 3969
Request of Deborah Beatty for a Special Use Permit under the Zoning Law to permit: the use of a portion of an existing single-family home for a not for profit outreach home occupation business.
Per Articles III & V Sections 280-14& 280-52 respectively
For property owned by Deborah Beatty
Situated as follows: 804 Rainbow Drive Schenectady, NY 12303
Tax Map # 27.15-1-52 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of September, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: September 13, 2006"
The file consists of the legal advertisement with mailing to 56 neighboring property owners, the Town's required forms for a Special Use Permit, a Short Environmental Assessment Form, Albany County Planning Board's recommendation, the Town Planning Board's site plan review, the Town Planners comments, a narrative and a proposed depiction showing the space inside the home.
Albany County Planning Board's recommendation was "No significant county-wide or intermunicipal impacts found; defer to local consideration."
The Town Planning Board recommended without any suggestions or conditions.
The Town Planner's comments are as follows: "The applicant is applying for a special use permit to operate a not profit organization out of her home. The home occupation entails gathering donations and redistributing them to people in need. The only concern I would have is that of traffic generation. Home occupations are allowed based on the operation not generating more traffic than would be customary in a neighborhood situation. The anticipated level of truck traffic should be discussed to ensure no adverse impact."
Deborah Beatty, applicant, presented the case.
Chairman Barber asked the applicant if she had heard any comments from neighbors regarding the application.
Ms. Beatty stated that she talked to a neighbor next to her and she did not have a problem with the application.
Chairman Barber asked about the traffic generation.
Ms. Beatty replied that the area is very small in the basement and drop offs would be by appointment only.
Chairman Barber asked if there would be any truck traffic.
Ms. Beatty replied that it would be only personal vehicles.
Chairman Barber asked if there would be any volunteers helping out.
Ms. Beatty stated that there have been offers of help from neighbors and friends.
Chairman Barber asked if people would be coming to her or would she be going to people.
Ms. Beatty replied probably both. Ms. Beatty stated that this would be secondary and not a salvation army.
Chairman Barber suggested setting some hours of operation.
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 nonsignificance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of the request for a customary home occupation at 804 Rainbow Drive would have a negative impact upon the environment. This Board determines that a negative declaration should be issued based upon the comments provided by the Albany County Planning Board, the Town Planning Board, the Town Planner and also based upon representation of the applicant that her operation will meet the requirements for a home occupation." 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. 3969
Request of Deborah Beatty for a Special Use Permit under the Zoning Law to permit: the use of a portion of an existing single-family home for a not for profit outreach home occupation business.
Per Articles III & V Sections 280-14& 280-52 respectively
For property owned by Deborah Beatty
Situated as follows: 804 Rainbow Drive Schenectady, NY 12303
Tax Map # 27.15-1-52 Zoned: R15
The Board finds the following facts:
v A public hearing was duly noticed and held this evening and no residents provided either written or oral comments regarding the request.
v The Board adopted a negative declaration under SEQRA by a unanimous vote.
v The Albany County Planning Board's recommendation of 8-17-06 was defer to local consideration.
v The Town Planning Board's recommendation of 9-13-06 was recommend with no suggestions or conditions.
v The Town Planner in her memo of 9-13-06 had no objections contingent upon no traffic impacts.
v The Board further finds that home occupation is permitted under the code if the operation will not generate more traffic that would be expected in a residential neighborhood.
v As the applicant represents, there will not be more than one person outside the family involved in this operation. Therefore, the Board finds that based upon the representations of the applicant that the proposal will meet the requirements for a home occupation.
In granting this decision, the Board imposes the following conditions:
v Continued compliance with the requirements for a home occupation.
v The Board reserves the right to review this special use permit if conditions for the home occupation such as no discernable increase in traffic are not met.
v The hours of operation in terms of this home occupation shall not take place prior to 9am or after 9pm on any given night.
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)
MATTER OF MARTHA MASTERS - 7296 RT. 158
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:
Special Use Permit Request No. 3970
Request of Martha Masters for a Special Use Permit under the Zoning Law to permit: the boarding of horses on a portion of an existing 60-acre farm.
Per Articles III & V Sections 280-24.1D(h) & 280-52 respectively
For property owned by Victor Depoalo
Situated as follows: 7296 Rt. 158 Schenectady, NY 12303
Tax Map # 14.00-2-16 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of September, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: September 13, 2006"
The file consists of the legal advertisement with mailing to 30 neighboring property owners, the Town's required forms for a special use permit along with a Short Environmental Assessment Form, the Town Planning Board's site plan review, Albany County Planning Board's recommendation, the Town Planner's comments, a narrative and a plot plan which indicates the location of the existing house, proposed sheds and fencing.
The Town Planning Board's site plan review on 9-13-06 was to recommend with the following conditions: identify manure storage area and explain manure management plan and indicate location of fencing in relation so stream.
Albany County Planning Board's recommendation of 8-17-06 was modify local approval to include review by the ACDH for water supply, wastewater discharge and other requirements and notification of the project to the town of Princetown and the Schenectady County Planning Board.
The Town Planner's comments are as follows: "The applicant has requested a special use permit to use the property for boarding horses. They would fence 20 of the 55 acres and erect a couple of shelters. It is desirable to have this property remain in a rural/agricultural use. My only comment is that there is a stream that runs through the property and all structures and animal waste should be properly setback from the water course."
Martha Masters, applicant, presented the case. Ms. Masters stated that the property is very overgrown currently and it is difficult to see the lay of the land and the ideal spot for everything.
Chairman Barber stated that he had checked with Ag and Markets about manure storage and they said that as long as it is 100' off the watercourse, they could move it from place to place.
Ms. Masters stated that at this point, they are only planning on having 8 to 10 horses on that property and use most of the property for hay production.
Chairman Barber asked if they had plans for a barn.
Ms. Masters stated that they would be trying to build a barn.
Chairman Barber asked Don Cropsey if Board approval would be needed for the barn.
Don Cropsey replied that they would just need a building permit for the assessory structure. Don stated that the only time it would need to come back before the Board would be if they wanted to use it as a riding arena.
Ms. Masters stated that unless they sold their current property, they would not be putting up an arena.
Chairman Barber asked if they had considered being designated as an agricultural district.
Ms. Masters stated that she had plans on looking into that.
Chairman Barber asked what the hours of operation would be.
Ms. Masters stated it would be approximately 8am to 9pm Monday through Saturday and 8am to 6pm on Sunday.
Chairman Barber asked if she had spoke to any of her neighbors.
Ms. Masters stated that she had not.
Chairman Barber asked if there were any questions or comments from the residents.
Leonard Grimm of 7281 Guilderland Road stated that there are three streams that go through the property and had concerns about waste going into the water. Mr. Grimm also questioned where the water was coming from to feed the horses; there is a limited water supply.
Patricia Mahar McMillan of 7307 Rt. 158 also had concerns regarding the water supply.
Ms. Masters stated that she was told that she could tap into the town of Rotterdam water supply across Curry Road.
There was discussion regarding the water consumption.
Chairman Barber asked Don Cropsey if there was anything in the Code that says you have to demonstrate you have water to meet this use.
Don Cropsey replied that he was not sure.
Sue Green of Rt. 158 said that the Albany County Health Department stated that if you impact the water of another individual, you must make arrangements to either provide them with water or another well. Sue stated that there is a different dynamic if you have horses that are being barned and stabled as opposed to horses that are outside. Horses that are outside demand almost three times as much water as horses that are being stabled. Sue had concerns about the feeding of the horses and possible injuries to the horses if there is not going to be anyone living on site.
Josephine Loguidice of 7275 Rt. 158 had concerns regarding the availability of water and the possible contamination to the water supply.
Ms. Masters stated that there would be someone working at the barn and rent the house so the horses would not be unattended.
Chairman Barber asked Don Cropsey about the water issue.
Don Cropsey replied that he felt that it would not be a question for the Town to get involved in; it would be an issue between the neighbors.
Chuck Klaer had concerns regarding the streams and the Watervliet Reservoir and the setbacks.
Chairman Barber made a motion to continue the application to look at some of the issues addressed this evening in particular looking at whether or not this Board has any role in setting conditions that might mitigate any negative impacts upon either water quality or water quantity for neighboring properties. Motion seconded by Chuck Klaer. Vote 7 - 0.
MATTER OF JENNIFER MCCLAINE - 2093 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. 3972
Request of Jennifer McClaine for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the conversion of 3000sf of space in an existing office building to a beauty salon and day spa. Six additional parking spaces are provided. A variance is requested for total parking spaces. 46 spaces are required, 44 spaces are proposed; a variance of two spaces is requested.
Per Articles III, IV & V Sections 280-20, 280-25 & 280-51 & 52 respectively
For property owned by Westmere Realty, LLC
Situated as follows: 2093 Western Avenue Guilderland, NY 12084
Tax Map #s 51.02-1-17 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of September, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: September 13, 2006"
The file consists of the mailing list to 18 neighboring property owners, the Town's required forms for this Special Use Permit/Variance, a Short Environmental Assessment Form, the Town Planning Board's site plan review, the Town Planners comments, Albany County Planning Board's recommendation, the contract, the deed, a site plan, and a narrative.
The Town Planning Board's site plan review was recommend with the following comment: Upon construction of sidewalk on adjacent property to the east, owner shall install direct pedestrian connection and sidewalk.
The Town Planner had the following comments: "The applicant has requested a special use permit to use the existing building as a day spa and salon. The site is 3.8 acres, opposite the Twenty Mall. No site plan changes are requested and the only issue is the parking.
The use requires 52 spaces and 44 spaces are being provided. Because of topographic limitations, it would be difficult to construct any additional parking. The two former tenants of this building were both medical in nature and the parking seemed to be sufficient. Since the proposed use will be by appointment only, the owners should take care to limit their bookings to insure adequate parking for all their staff and clients. No planning objections."
Chairman Barber stated that there are 46 spaces required, not 52.
Albany County Planning Board's recommendation was defer to local consideration.
Jennifer McClaine, applicant, presented the case.
Chairman Barber asked Don Cropsey if he was comfortable with the five parking spaces being added in the middle of the parking lot.
Don Cropsey replied that he was comfortable with them.
Chairman Barber stated that they only needed a variance for two parking spaces.
Chairman Barber asked about the installation of the sidewalk.
Ms. McClaine stated that she did not have a problem with the recommendation by the Town Planning Board for the installation of the sidewalk.
Chairman Barber asked who the tenants are right now.
Ms. McClaine stated that there are no other tenants at this time.
There was discussion regarding the hours of operation.
Chairman Barber stated that the parking lot would need to be kept clear of snow in the wintertime.
Ms. McClaine stated that the parking is more than ample for what she needs for her salon.
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 nonsignificance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of a special use permit for the operation of a beauty salon and day spa at 2093 Western Avenue would have a negative impact upon the environment. This Board finds that a negative declaration under SEQRA should be issued based upon the comments provided by the Albany County Planning Board, the Town Planning Board, the Town Planner and also based upon the prior history of the parcel for medical usage. Vote 7 - 0. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 3972
Request of Jennifer McClaine for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the conversion of 3000sf of space in an existing office building to a beauty salon and day spa. Six additional parking spaces are provided. A variance is requested for total parking spaces. 46 spaces are required, 44 spaces are proposed; a variance of two spaces is requested.
Per Articles III, IV & V Sections 280-20, 280-25 & 280-51 & 52 respectively
For property owned by Westmere Realty, LLC
Situated as follows: 2093 Western Avenue Guilderland, NY 12084
Tax Map #s 51.02-1-17 Zoned: LB
The Board finds the following facts:
v A public hearing was duly noticed and held this evening and no residents provided either written or oral comments regarding this application.
v The Board adopted a negative declaration for this Unlisted Action under SEQRA.
v The Town Planning Board's site plan was to recommend with the requirement of the installation of a sidewalk and a direct pedestrian connection if the property to the east of the subject property also has a sidewalk installed.
v The Town Planner had no objections.
v The Albany County Planning Board stated no significant impact.
v The Board further finds that the proposed use as a day spa and beauty salon is an allowable use in this LB zone.
v All site conditions are preexisting and have been approved by this Board.
v The Zoning Administrator had determined that 46 parking spaces are required and that 44 spaces with the addition of 5 as proposed by the applicant will require a variance for two parking spaces which is diminimous. The parking as noted by the Town Planner for the use by the medical office seemed to be sufficient for its purposes.
v Clients will be by appointment only and will enable the owner to manage the bookings to provide for more than adequate parking for the staff and clients.
In granting this application, the Board imposes the following conditions:
v Adherence to the plans as submitted.
v The hours of operation will be Monday from 8am to 9pm, Tuesday and Wednesday from 9am to 9pm, Thursday and Friday from 7am to 9pm, Saturday from 8am to 5pm with no hours on Sunday.
v Snow removal is to be managed on site to maximize the parking spaces. Given the proximity to the ravine, there will be no dumping of snow into the ravine. If necessary, any snow shall be trucked off site to maximize the available parking spaces.
v The applicant shall work with the Building Inspector and if he deems necessary, installation of barriers near the ravine.
v Compliance with the Town Planning Board's requirement that sidewalk and a direct pedestrian connection be installed once the property to the east has its sidewalk installed.
v Any change in tenancy or use requires Board approval.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit/Variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sue Macri. Vote 7 - 0. (Aikens absent, Remmert alternate)
MATTER OF LOU LANSING - 1736A 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. 3971
Request of Lou Lansing for an amendment to Special Use Permit #09-04 under the Zoning Law to permit: the use of an existing office space as a music studio for conducting piano lessons for individuals over 50 years of age. Site characteristics have been previously reviewed by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Shaw Rabadi
Situated as follows: 1736A Western Avenue Albany, NY 12203
Tax Map #s 52.13-2-14 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of September, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: September 13, 2006"
The file consists of the legal advertisement with mailing to 49 neighboring property owners, the Town's required forms for a Special Use Permit, a Short Environmental Assessment Form, the Town Planners comments, the Town Planning Board's site plan review, the recommendation of the Albany County Planning Board, a series of letters regarding parking agreements that were for the benefit of BFS and extending the same benefits to the applicant for the proposed use, a narrative, a letter from Mr. Rabadi in support of the request, a schematic of the interior and a survey of the property showing the parking in relation to the building and the previous special use permit.
Albany County Planning Board's recommendation was to defer to local consideration.
The Town Planning Board's site plan review was recommend with the following conditions: applicant show existing lighting on site and demonstrate to the ZBA that it is sufficient; demonstrate that adequate parking is provided to accommodate proposed use.
The Town Planner's comments are as follows: "The applicant has requested an amendment to his special use permit to allow the accessory structure in the rear of the property to be used for piano instruction. The building has been used as medical space and a law office in the past. No site changes are planned and, as in the past, the sufficiency of the parking is the main issue. No planning objections contingent on the parking a being deemed adequate for the use."
Lou Lansing, applicant, presented the case.
Chairman Barber asked about the lighting.
Alex Sumas (?) of Weichert Realtors on behalf of Shaw Rabadi stated that there is basically three 500 watt flood lights; two on the roof line and one on the rear roof line of BFS restaurant facing toward the parking lot.
There was discussion regarding the parking. Mr. Lansing stated that he did not expect any problems with the parking.
Chairman Barber stated that he would like to see an annual renewal of the letters for the parking agreements.
Chairman Barber asked Mr. Lansing if he would be the sole occupant.
Mr. Lansing replied that he 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 of nonsignificance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of a special use permit for the operation of a music studio at 1736A Western Avenue would have a negative impact upon the environment. This Board finds that a negative declaration under SEQRA should be issued based upon the comments provided by the Albany County Planning Board, the Town Planning Board, the Town Planner and also based upon the representation of the applicant this evening regarding his proposed use. The Board further notes that the property has been used previously as a medical office and later as a law office without any negative impacts the environment. Vote 7 - 0. (Aikens absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 3971
Request of Lou Lansing for an amendment to Special Use Permit #09-04 under the Zoning Law to permit: the use of an existing office space as a music studio for conducting piano lessons for individuals over 50 years of age. Site characteristics have been previously reviewed by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Shaw Rabadi
Situated as follows: 1736A Western Avenue Albany, NY 12203
Tax Map #s 52.13-2-14 Zoned: LB
The Board finds the following facts:
v A public hearing was duly noticed and held this evening and no residents provided either written or oral comments regarding this application.
v The Board adopted a negative declaration for this Unlisted Action under SEQRA.
v The Town Planning Board's site plan review of 9-13-06 asked for submission of lighting and also for the ZBA to examine parking issues.
v The Town Planner had no objections to the request conditioned upon the Board reviewing the parking arrangement.
v The Albany County Planning Board's recommendation of 8-17-06 was defer to local consideration.
v The Board further finds that the proposed use as a music studio is an allowed use in this LB zone and that no parking variance is requested. 42 spaces are on site and 11 off site pursuant to agreements and there are letters in the file stating that the existing agreements for the benefit of the restaurant will also apply for the benefit of this proposed use.
v All site conditions are preexisting and have been approved by this Board in the granting of Special Use Permit #09-04.
v All services are by appointment and prescheduled and allows the applicant to address the use of the space and deal with any parking issues.
In granting this application, the Board imposes the following conditions:
v Adherance to the plans as submitted by the applicant.
v The hours of operation will be Monday - Thursday from 10am to 8pm, Friday from 10am to 5pm, Saturday from 10am to 3pm with no hours on Sunday.
v The Board reserves the right to review this Special Use Permit if there are any parking issues.
v Annual renewal of the parking agreements with the Zoning Administrator.
v Adherence to any representations set forth in the application regarding the proposed use.
v Except as modified by this amendment, the conditions of Special Use Permit #09-04 remain in effect.
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. (Aikens absent, Remmert alternate)
The Board approved a 67sf freestanding sign for Days Inn on Western Avenue conditioned upon the submission of a landscaping plan to be reviewed by the Department of Community Environment. Vote 7 - 0.
The Board approved the minutes of 8-16-06.
The meeting adjourned at 11:45pm.
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