Members Present: Peter Barber, Chairman
Patricia Aikens
Sharon Cupoli
Chuck Klaer
Mike Marcantonio
Susan Macri
Tom Remmert, Alternate
James Sumner
Janet Thayer, Counsel
____________________________________________________________________
Chairman Barber opened the meeting and pointed out the emergency exits to the left and rear of the room in the event they were needed.
CONTINUED CASES:
MATTER OF GEORGE AMEDORE – 1881 WESTERN AVENUE
Chairman Barber stated that this is continued from a prior public hearing and since that time the TDE has been working with Hershberg & Hershberg to address some remaining concerns.
Ken Johnson of Delaware Engineering spoke briefly about the project and stated that most of the outstanding issues were minor and would be addressed.
Dan Hershberg of Hershberg & Hershberg spoke about the easements on the property.
Chairman Barber asked if it flowed both ways.
Mr. Hershberg responded that Clark Trading Corp. granted easements to adjoiners but there was no reciprocity and that was to provide access to the light. Mr. Hershberg provided copies of the elevations of the proposed bank. Mr. Hershberg stated that he had responded to all of the Chief of the Westmere Fire Department’s concerns. Mr. Hershberg stated that DOT had requested that the pedestrian access be improved and Creighton Manning will be designing the signal.
Chairman Barber asked about the height of the light poles in the parking lot.
Mr. Hershberg stated that around the ATM they are 16’ but the rest of them are 12’.
Chairman Barber stated that he would like to see the height consistent at 12’.
Mr. Hershberg replied that they would have to add additional lighting around the ATM if the light poles are lowered to 12’.
Gary Warner of CT Male addressed the lighting. Mr. Warner stated that to meet the state banking regulations, they cannot depend on adjacent properties. If the 12’ poles are required, they can meet the state banking regulations by adding lights on the ATM.
There was discussion regarding the high lighting levels.
Chairman Barber stated that if the parking ever becomes a problem, the Board would require the applicant to come back for review of the situation.
Chairman Barber asked what sort of pedestrian access there was to the rear of the building.
Dan Hershberg replied that there is no rear entrance, it is only an emergency exit but they do have a central secondary exit so the parking can be used in the rear of the building.
Tom Remmert stated that he had spoken with the fire chief and he is happy with what the applicant and the TDE have come up with regarding the fire departments original concerns.
Chuck Klaer had concerns regarding the Blockhouse Creek.
There was discussion regarding loading docks for office buildings.
Chairman Barber asked if there were any questions or comments from the residents.
Martha Harausz of 1445 Western Avenue asked if there would be sidewalks along Western Avenue and also into the facility.
Chairman Barber replied that there is.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0.
There was discussion regarding the installation of a new roof.
Chairman Barber made a motion of non-significance in this Unlisted Action:
“This Board had conducted an exhaustive and complete review of this application to ascertain whether the granting of this special use permit and variance will have a negative impact upon the environment. This review included the comments provided to us by the Albany County Planning Board, the Town Planning Board, DOT, the Capital District Transportation Authority, and also comments provided by the TDE, Delaware Engineering. Based upon those comments and our review of the application, we can determine that there will not be a significant negative impact upon the environment and that a negative declaration under SEQRA should be issued.” Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion for approval of :
“Special Use Permit/Variance Request No. 3903
Request of George Amedore for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the conversion of an existing vacant 25,000sf building to a general office building and the construction of a 2700sf freestanding bank on a 4.16 acre parcel. A variance is requested to allow a reduction in required parking spaces. 229 spaces are required, 139 spaces are proposed, a 90-space variance is requested.
Per Articles III, IV & V Sections 280-20, 280-25 & 280-51 & 52 respectively
For property owned by: Clark Trading Corp.
Situated as follows: 1881 Western Avenue Albany, NY 12203
Tax Map # 51.12-4-48.1 Zoned: LB
The Board finds the following facts:
· Legal notice was duly noticed and there have been numerous hearings on this matter and the notice was supplemented by mailing the legal notice to properties within 750’ of this property. One resident provided oral comments tonight at the public hearing.
· This Board adopted a negative declaration under SEQRA by an unanimous vote.
· Albany County Planning Board’s recommendation of 8/18/05 is to recommend with DOT approval for design of highway access and the assessment of road capacity.
· The Town Planning Board’s recommendation of 9/14/05 was to recommend with conditions which the Board has considered.
· The Town Planner also provided the Board with a memorandum on 9/25/05 noting her concerns and the improvement to the property based upon the application submitted.
· In a letter dated 2/27/06, the Westmere Fire Department Chief raised concerns and recommendations which have been addressed by the applicant.
· The general office building and the bank are permitted uses in a Local Business zone and are deemed under law to be consistent with the character of the neighborhood.
· The Board retained Delaware Engineering to provide the Board with expert opinion on a number of issues that were apparent including traffic, water and wastewater, stormwater, landscaping, lighting and other related issues. Delaware Engineering has provided a number of letters most notably on February 27, 2006 and March 13, 2006 in which they provided comments in response to plans and comments from the applicant’s engineer Hershberg & Hershberg. The Board notes that most of these concerns have been addressed or will be addressed prior to construction.
· The Board further notes that the ingress and egress to the site is primarily by means of a lighted intersection and that a traffic study done on 2/7/06 indicates that this intersection is performing adequately and will function at acceptable industry standards once the proposed use is applied.
· The Board also notes that the prior use of this site as a supermarket was more intense than the proposed use.
· In a letter of October 31, 2005, the Department of Transportation noted no objections to the Rt. 20 access points.
· The Capital District Transportation Authority’s letter of October 17, 2005 also made some recommendations regarding the citing of the bus shelter and pedestrian access to the site.
· The property provided access by means of ingress and egress from the Serafini property and that enables that property and the property further to the east to have access to the light and provides for an orderly manner of ingress and egress from the site.
· The Board also has noted that the applicant has complied with the Town Planning Board’s comments and has changed the plans to address those concerns.
· Based upon the Board’s experience and the Building Department’s experience, parking has not presented a problem for general offices and the Board has previously granted parking variances under similar circumstances. The general office is a less intense use than the previous use as a supermarket.
In granting this decision, the Board requires that the following conditions be met and adhered to:
· Adherence to the plans submitted by Hershberg and Hershberg as amended and last updated on February 28, 2006.
· Snow removal, if necessary, shall be off site in order to maintain the parking spaces.
· Construction hours shall be Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
· The Board will require final DOT approval particularly in regard to pedestrian improvements.
· The applicant shall work with CDTA for relocation of the concrete pad and shelter.
· The Board requires final approval from Westmere Fire Department.
· Delaware Engineering shall be retained for purposes in providing accurate review during construction with respect to water and sanitary issues, also stormwater and drainage. With regard to water and sanitary issues, they shall work with Bill West and also a final signoff on any paving requirements.
· The Board requires submission of a revised lighting plan that incorporates the items discussed this evening including no pole in excess of 12’, providing for the minimum candle watt necessary both at the ATM and also the parking lot with the goal being to minimize as much as possible any impact to Rt. 20 but also avoiding the property being overlit.
· The submission of revised elevation drawings after working with the Zoning Administrator for final approval by the Board.
· If the Building Department determines that parking issues do arise, the Board reserves the right to require the applicant or the owner of the property to come before the Board to amend the special use permit for review of any changes in tenancy to ensure that adequate parking is maintained.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit/Variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.” Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF CONNIE WARE – 2026 WESTERN AVENUE
Chairman Barber stated that they had received letters from concerned residents regarding this property and the parking across the street. The Board also received a 9-page letter from Ken Smith raising a number of concerns. Also received was a modified site plan provided by the applicant.
Connie Ware, applicant, stated that since the last meeting the plan has been modified to lessen the possible impact of traffic in and out of the restaurant. Ms. Ware stated that the restaurant would have a maximum of 70 seats but that does not mean that there will be 70 people and 70 cars at the restaurant at one time. Ms. Ware also discusses the odor issued and stated that there would be a filter installed on the exhaust system to alleviate that problem. Ms. Ware also stated that she was working on a detailed landscaping plan for the Board.
Chairman Barber and Ms. Ware discussed the signage.
Chairman Barber asked if she would have a problem if the Board required her employees to park at the Gagliardi parking lot.
Ms. Ware stated that would be fine.
Chairman Barber asked if she could move the dumpster to the end of the drive aisle to move it farther away from the residents and also free up a parking spot.
Ms. Ware replied that would not be a problem.
Chairman Barber asked about fixing the fence along Cornell Avenue.
Ms. Ware stated that they would take care of that.
Don Cropsey explained to the Board how he came up with the number of parking spaces needed (45).
There was discussion regarding the interpretation of a service bar.
Ms. Ware stated that she would be installing a stockade fence along the back of the property.
Chairman Barber asked Don Cropsey to discuss the Gagliardi property; the size of the drive aisle, the parking, etc.
Don Cropsey stated that the dimensions were not what the ordinance required; the drive aisles are a little narrow but the parking spaces are okay.
Chairman Barber stated that there was a variance issued to Phoebe’s Florist on the property that allowed for less than the 5,000sf lot size. Phoebe’s was also granted a variance to allow parking in the required front yard along Cornell and also in the required buffer area between the residential zone and the LB zone. They were not allowed a variance on the sidewalk and they were also granted a variance on the required 40ft. buffer between a residential zone and an LB zone. Chairman Barber stated that variances run with the land and they apply to subsequent owners unless the Board expressly makes them for only the particular use or for a particular time period.
There was discussion regarding the previous variances granted.
Chairman Barber asked if there were any questions or comments from the residents.
Gary Whitesman, President of a business directly across the road, stated that he had total trust in the applicant’s ability to not only bring a good asset to the neighborhood but one that is lacking.
Adrienne Daniels of 11 Cornell Avenue asked what the status was of the traffic study she asked for two weeks ago.
Chairman Barber stated that he did not think this type of use meets the industry standards for a traffic study.
Ms. Daniels wanted to know why this did not require a traffic study.
Betty Shields of 2 Sumpter Avenue discussed the rezone on the property. Ms. Shields felt that their concerns had not been addressed; no one has met with them during the past two weeks. Ms. Shields questioned what is considered a service bar. Ms. Shields was concerned what the effect would be on the character of the neighborhood and the values of the surrounding properties and that they are safeguarded. Ms. Shields also asked where the fences would be.
Chairman Barber stated that the Zoning Board of Appeals is bound to apply the law as it is written, not as how they think it should be written.
Paige D’Anna of 4 Cornell Avenue stated that she felt it was very unprofessional that the neighbors had not been contacted at all by the applicant. She also had concerns that there was no entrance/exit from Western Avenue, only on Cornell Avenue. She also had concerns about the “service bar”.
Chairman Barber stated that in regards to the ingress/egress off of Western Avenue, DOT approved and the Town Highway Department signed off on the Cornell Avenue ingress/egress as being the primary means of entering this property.
Phyllis Rhoades of 2 Cornell Avenue had concerns about having two more variances on this property after they already have three.
Chairman Barber stated that if Dr. Gagliardi sells the property and there is no parking allowed, then the applicant is failing to meet a condition of their approval and their special use permit could be revoked.
Ms. Rhoades stated that the parking will never be able to satisfy the building.
Chairman Barber stated that the expansion of the building itself has no impact on the parking; you get to calculate all parking spaces within 300’.
Ms. Rhoades stated that all the parking spaces were not within 300’.
Don Cropsey replied that the easternmost property line is 310’ from the applicant’s property.
Chuck Klaer stated that the code reads from the building.
Chairman Barber stated that there are 20 spaces on site so if 25 more are within 300’, they are fine.
Ms. Rhoades stated that Dr. Gagliardi did not own the property, so how could the lease agreement be with him?
Chairman Barber replied that the agreement would need to be acknowledged and would need to be signed by the owners of the property.
There was discussion regarding fencing and mitigation.
Chairman Barber stated that the Board cannot say that she will be completely insulated from any impacts upon this, what the Board has to do is mitigate to the maximum extent possible.
Chairman Barber asked Ms. Rhoades based on her calculations, how many parking spaces on Dr. Gagliardi’s property are within 300’.
Ms. Rhoades replied that there were approximately 25.
Ms. Rhoades suggested reducing the size of the addition.
Lisa Lenseth of 14 Cornell Avenue had concerns regarding the service bar, the egress/ingress on Cornell Avenue, and the valet parking.
Joe Canistraci of 6035 Johnston Road stated he would like to see Guilderland grow a little more and would like this upscale restaurant.
Mitch Ware, Connies husband, spoke about the traffic flow. Mr. Ware stated that this restaurant was going to cater to “the slower crowd”. Mr. Ware stated that they expect their average turn time to be 1.5 hrs to 2 hrs. Mr. Ware stated that the traffic would only be entering the parking lot across from the Rhoades house, then exiting further up.
Chairman Barber discussed how variances run with the land and that all subsequent owners of the land get the benefit of the variance. A special use permit can also have the same result but a lot of times the Board will say only for a certain business.
Jim Lenseth of 14 Cornell Avenue also had concerns regarding the traffic.
A letter was read into the record from Wayne Campbell of 1 Cornell Avenue.
There was more discussion regarding the ingress/egress from Cornell Avenue.
Chairman Barber asked Don Cropsey if he would contact DOT and have them confirm that they want the entrance off of Cornell Avenue.
Don Cropsey stated that he could ask DOT if they would consider a new curb opening but it would meet none of their geometric requirements for location and he does not believe that there is enough room for a commercial driveway around the building. Don Cropsey stated that the existing curbcut was the residential driveway and it remained for two cars and stated that he felt that the location of it is too close to the intersection for the DOT to approve it as a full movement driveway.
Phyllis Rhoades asked if they were going to be getting a traffic study.
Chairman Barber replied that Don Cropsey had found that it just does not warrant a traffic study.
Chuck Klaer asked why a 70 seat restaurant is a requirement, why is a 50 seat restaurant not enough.
Connie Ware replied that it would be a difference of only four tables; the addition is for the kitchen and to add four tables.
Chuck Klaer had concerns that this would be overdeveloping the site.
Connie Ware stated that the way the building is now, she could put in 10 tables. The addition will add 4 tables for a total of 14 tables in the whole restaurant.
Chairman Barber asked Don Cropsey how much of the addition would be in the required front yard.
Don Cropsey replied about half of it.
Chuck Klaer spoke about the off site parking.
Sharon Cupoli suggested that the egress be curved to avoid cars turning right onto Cornell Avenue.
Chairman Barber made a motion to close the public hearing. Motion seconded by Jim Sumner. Vote 7- 0.
Chairman Barber made a motion of non-significance in this Unlisted Action:
“This Board has reviewed this application at two public hearings to determine whether the granting of this application will have a significant impact upon the environment. Among the agencies that have provided us with comments on this application are the Albany County Planning Board, the Town Planning Board, the Town Planner, neighbors and the applicant regarding the concerns and conditions that might be appropriate to address any of the negative impacts. Based upon the conditions which the Board would impose upon the approval of this application, I move that a negative declaration under SEQRA should be issued.” Motion seconded by Jim Sumner. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 3926
Request of Connie Ware for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the conversion of a previously approved flower shop to a sit down restaurant. A 500sf addition to the rear of the building is anticipated for a total sf area of 3300sf. The restaurant will have 60 seats on the first floor with a private meeting/dining room for 10 on the second floor. 45 parking spaces are required. 21 spaces will be provided on site with the balance provided through a parking agreement at 2020 Western Avenue. Variances are requested to allow a portion of the expansion in a required front yard and to allow parking in a required side yard.
Per Articles III, IV & V Sections 280-20, 280-25 & 280-51 & 52 respectively
For property under purchase agreement between Connie Ware and the Estate of David Archibald
Situated as follows: 2026 Western Avenue Albany, NY 12203
Tax Map #s 51.07-2-28 Zoned: LB
In granting the Special Use Permit and area variances, the Board makes the following findings of fact:
1. A public hearing was duly noticed and supplemented by mailing legal notices to properties within 750 feet of this property. Eight residents provided oral comments in opposition to the request. Three residents provided oral comments in support. Three letters in opposition were received and considered by the Board
2. This Board considered the criteria for a special use permit under Town Code §280-52 and weighed any impacts of granting an area variance against its benefits to the applicant as required by New York State Town Law §267-b(3).
3. This Board adopted a negative declaration for this Unlisted Action under SEQRA by a unanimous vote.
4. In its decision dated January 19, 2006, the Albany County Planning Board deferred to this Board’s local consideration and required review by the Albany County Department of Health for food service and other required permits.
5. In a Site Plan Review dated February 22, 2006, the Town Planning Board recommended approval with five conditions which this Board will incorporate in this approval and by amendments to the proposed site plan.
6. In a memorandum dated February 15, 2006, the Town Planner provided comments which both this Board and the Planning Board reviewed and considered by adopting appropriate conditions and amendments to the site plan.
7. This site was formerly a floral shop which was recently discontinued and listed for sale. The site is located at the intersection of Cornell Avenue and U.S. Route 20, a four-lane highway, and bordered by commercial property to the west and residential property to the south.
8. The proposed variances are not substantial and only a small portion of the expansion requires a variance. They are consistent with the other variances granted to properties on Route 20. The proposed variances will not be detrimental to nearby properties in that it primarily impacts a similarly zoned commercial parcel which is currently for sale and not occupied.
9. In 1992, the Town Board re-zoned this property from Business Non-Retail Professional to Local Business without any restrictions as to any particular use, intensity of use, or other conditions. This re-zone was not conditional and not limited to the floral shop.
10. The proposed use as a sit down restaurant (without a drive-thru) is one of the 18 permitted uses in a Local Business zone. The New York State Court of Appeals has held that a Town Board’s listing of a use, here a sit down restaurant, as a special use is tantamount to a legislative finding that it will not adversely affect the character of the neighborhood. Nearly all restaurants in the Town are located on Route 20 and adjacent to residential districts. The proposed use is consistent with the Town’s recently enacted comprehensive plan and provides a use which will serve its neighborhood.
11. According to the Zoning Administrator, 45 parking spaces are required for the proposed use. No variance in the number of parking spaces was required. The property has 20 on-site parking spaces and at least 25 additional parking spaces at 2020 & 2022 Western Avenue which is within 300 feet of the proposed use and exclusively available for this use during its hours of operation. Special Use Permits at 2020 & 2022 Western Avenue are for medical offices and other office uses whose hours of operation are limited to daytime. These parking spaces are secured by a written agreement which is binding upon subsequent owners of these properties.
12. The Zoning Administrator has determined that ingress/egress from both this site and the nearby parking lots provide adequate site distance. The proposed use, when compared to similar uses and location, and given the limitation upon hours of operation, does not require a traffic study. No empirical evidence was offered to justify the need or expense of a traffic study.
13. The proposal includes extensive landscaping and a stockade fence to mitigate impacts upon nearby residences and shifts the impacts of parking towards Route 20 and away from residences.
14. The property is benefited by variances granted by this Board on March 18, 1992, including an area variance for front-yard parking along Cornell Avenue, the buffer area between a residential and local business zone, and the size of the lot. These variances are not personal to the prior owners and run with the land. The variances were not revoked. The site conditions are otherwise pre-existing.
15. The original site plan has been amended to comply with the Planning Board’s review, this Board’s review, and public comment, and includes:
-additional landscaping, including extensive evergreens, to enhance the previously approved 15 foot buffer and prevent headlights from impacting neighboring properties;
-eliminating a parking space along Cornell Avenue and replacing it with landscaping, thereby reducing the previously approved front yard variance;
-relocating the exit away from a nearby residence and aligning the exit with the exit for the parking lot across the street;
-supplementing the required sidewalk along Route 20 by wrapping the sidewalk along Cornell Avenue to enhance pedestrian safety;
-redesigning the valet parking by shifting the drop off point towards Route 20 and causing waiting cars’ headlights to face Route 20 and away from residences;
-installing appropriate signs to direct customers to use Route 20 and thereby reduce any traffic through the residential neighborhood;
-appropriate signage to discourage parking along Cornell Avenue
-adding additional fencing and, if necessary landscaping, for the parking lot at 2020 & 2022 Western Avenue and
-revised elevation drawings which depict an aesthetically designed building.
16. The proposed use will be restricted to nighttime hours which will enable customers to access Route 20 during non-rush hour.
In granting this decision, the Board imposes the following conditions:
(A) Adhere to the submitted plans, as amended, and the representations made by the applicant.
(B) The hours of operation shall be limited to Monday through Saturday from 5 p.m. to 11 p.m only due to the lack of required daytime parking.
(C) Snow removal shall enable access to all parking spaces and require the trucking of snow off site to meet this goal.
(D) Construction shall be limited as follows: Monday-Friday, 7AM-6PM; Saturday, 9AM-5PM; Sunday, None.
(E) Amend the parking agreement to provide for a minimum of 25 parking spaces at 2020 & 2022 Western Avenue. The parking agreement shall be binding upon all subsequent owners of the properties and signatures acknowledged for filing with the Albany County Clerk’s Office. Proof of filing shall be submitted to the Zoning Department. Like any other condition, if this parking requirement is not met, this Board reserves the right to revoke this special use permit.
(F) Require employees to park in the lot at 2020 & 2022 Western Avenue.
(G) Bring the parking lots at 2020 & 2022 Western Avenue into compliance with the existing special use permits and the Town Code, including, but not limited to, striping of parking spaces, appropriate drive lanes, and size of parking spaces.
(H) Install additional landscaping at the rear of the parking lot at 2020 & 2022 Western Avenue, if needed, as determined by the Zoning Administrator, to mitigate impacts upon nearby residences. Extend the stockade fence to Sumpter Avenue and supplement, if necessary, the fence to Cornell Avenue.
(I) Install stops signs and appropriate signs directing traffic to exit toward Western Avenue from both the site and the parking lot at 2020 & 2022 Western Avenue.
(J) Install a 5-foot wide sidewalk, consistent with Zoning Code requirements, along Western Avenue and install a direct pedestrian connection to the front entrance. If the New York State Department of Transportation objects to the installation of the sidewalk due to the lack of street terminus to the west, the required sidewalk shall be installed when the property to the west is developed.
(K) Install a wrap around sidewalk on Cornell Avenue to promote safe pedestrian access.
(L) Albany County Department of Health review and approval of food services and other required permits.
(M) Install appropriate filters or other devices on vents, exhausts, etc. which are necessary to maintain an odor-free operation as measured at the property line.
(N) Maintain landscaping buffer, including adding a 6-foot stockade fence, and amending the landscaping should the Zoning Administrator determine that more landscaping is needed.
(O) Town Highway Superintendent approval of any changes to the Town’s right-of-way.
(P) Board reserves the right to review the impacts of valet parking and impose appropriate limitations.
(Q) Install the revised facade/elevation drawing.
(R) Comply with the landscaping and buffering requirements set forth in the special use permits for 2020 & 2022 Western Avenue.
(S) Maintain the existing low intensity lighting on site.
(T) Refrigerate garbage to reduce odors.
(U) Relocate dumpster away from residence by relocating to end of drive aisle and make an additional parking space available.
(V) Require New York State Department of Transportation review of ingress/egress from the site and confirm that elimination of the curb cut on Route 20 remains appropriate.
(W) Redesign the exit from site to “influence” vehicles to exit toward Route 20.
The Zoning Administrator is authorized to issue the necessary permits to implement this decision and require compliance with any other legal requirements and fees.
If these variances and special use permit are not exercised within 1 year of the date of the decision, they are hereby declared to be null and void.
Motion seconded by Sharon Cupoli. Vote 6 – 1. (Klaer)
MATTER OF TGI FRIDAYS – STUYVESANT PLAZA
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 3929
Request of Ronald Carlisle for a Variance of the regulations under the Zoning Law to permit: the installation of revised signage at the existing TGI Fridays restaurant at Stuyvesant Plaza. A variance is requested to allow four signs with a total sf area of 317sf. Maximum number of signs allowed is two with a total maximum aggregate area of 50sf.
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by Stuyvesant Plaza
Situated as follows: 1475 Western Avenue Albany, NY 12203
Tax Map #s 52.04-2-8 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of March, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 8, 2006”
The file consists of the legal advertisement with mailing to 32 neighboring property owners, the forms for an area variance, Albany County Planning Board’s recommendation, renderings of the existing and proposed signage, and a sign permit application.
Albany County Planning Board’s recommendation was finding no significant county wide or intermunicipal impact and deferring to local consideration.
Bill Boyle of Carlson Restaurants stated that they considered part of the sign as artwork, not signage.
Chairman Barber asked if they would be keeping the sign out front.
Mr. Boyle stated that they would be keeping the sign out front.
Chairman Barber asked Mr. Boyle how much square footage he came up with.
Mr. Boyle stated he came up with 77sf. Mr. Boyle stated that the “artwork” is part of the new corporate design.
Chairman Barber asked Don Cropsey how he came up with the 317sf.
Don Cropsey replied that he applied the Zoning Law…..on the canopy façade he drew a rectangle around both the silver banner and the big sign and around the other side there is a banner over the door which he drew a rectangle around, and drew a rectangle around the TGI Fridays logo over that and included the pylon sign out at the street.
Chairman Barber asked if this would possibly be an interpretation.
There was discussion regarding the amount of current signage. Don Cropsey stated that the pylon sign out at the road is already 80sf.
Chairman Barber suggested that maybe this would be an amendment to the special use permit regarding the façade.
Chairman Barber asked if the artwork was a trademark.
Mr. Boyle replied that he did not think so.
Chairman Barber’s suggestion is to have a discussion with Don and see if they can get to a number that is more manageable and if they still disagree with Don, they can ask the Board for an interpretation.
Steve Holmes, Director of Operations for TGI Fridays, stated that this was going to be a million dollar project, a big undertaking, and the place will look phenomenal.
Martha Harras of the McKownville Improvement Association felt that the signage was extreme and they were opposed to it.
Laura Whalen, neighbor of Stuyvesant Plaza, stated that she would not like to see a variance granted for this much signage.
Chairman Barber made a motion to continue the public hearing to allow the applicant to discuss the application with Don Cropsey and to decide whether he wants to come before the Board for an interpretation or to modify the variance application. Motion seconded by Sue Macri. Vote 7 – 0.
The Board approved a 46sf sign for Abby Rose Boutique at 1789 Western Avenue. Vote 7 – 0.
The Board approved a temporary building mounted banner for Valvoline Instant Oil Change for two weeks only and denied the proposed sign out at the road.
The meeting adjourned at 11:15pm.
| 
