TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
DECEMBER 6, 2006
Members Present: Peter Barber, Chairman
Patricia Aikens
Sharon Cupoli
Chuck Klaer
Mike Marcantonio
Susan Macri
Tom Remmert, Alternate
James Sumner
Janet Thayer, Counsel
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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 ANGELA ROBLES – 1 SEWARD STREET
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. 3988
Request of Angela Robles for a Variance of the regulations under the Zoning Law to permit: a six-foot high fence in a required front yard on a corner lot.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Edison Granda
Situated as follows: 1 Seward Street Albany, NY 12203
Tax Map # 51.07-2-7 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of December, 2006 at the Guilderland Town Hall beginning at 7:30pm.
Dated: November 29, 2006”
The file consists of the mailing list to neighboring property owners, the Town’s required forms for an area variance, the Town Planner’s comments, Albany County Planning Board’s recommendation, a narrative and a site plan which depicts the existing fence on the property.
The Town Planner had the following comments: “The applicant is requesting an area variance for an existing fence located in the required front yard on this corner lot. Although the fence could have been set back further from the property line and still provided much needed protection from Rt. 155, it is does not create any sight distance problems and there are no planning objections.”
Albany County Planning Board’s recommendation of 11-16-06 is to defer to local consideration.
Angela Robles, applicant, presented the case.
Chairman Barber stated that her neighbors at 15 Cornell Avenue Richard and Alice Burda noted that they had no objection to the granting of the variance request.
Chairman Barber stated the variance was to allow the stockade fence in a front yard on this corner lot.
Don Cropsey stated that he had met with the applicant and they had talked about a picket fence in the front yard but what went up is different than a picket fence.
Chairman Barber stated that the applicant should work with the Department of Community Environment for appropriate landscaping if any to less the impact. Chairman Barber stated that there were no sight issues or any complaints from neighbors as far as he knows and he did not have a problem with it.
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 Jim Sumner. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Variance Request No. 3988
Request of Angela Robles for a Variance of the regulations under the Zoning Law to permit: a six-foot high fence in a required front yard on a corner lot.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Edison Granda
Situated as follows: 1 Seward Street Albany, NY 12203
Tax Map # 51.07-2-7 Zoned: R15
The Board finds the following facts:
o A public hearing was duly noticed and held here this evening. One residents provided their consent to the request by phone to the Zoning Department.
o This is a Type II Action under SEQRA, not requiring SEQRA review.
o The Albany County Planning Board deferred to local consideration.
o The Town Planning Board’s review of this case was not required.
o The Town Planner had no planning objections.
o The Board further notes that according to Section 280-27B(2) of the code, the fence requires a variance because it is not decorative.
o The property is located on a corner lot which results in two required front yards.
o The fence faces Rt. 155 which is a heavily traveled and commercialized state highway.
o The fence does not create any sight distance problems along either Rt. 155 or Seward Street.
o The fence will assist the property owner in reducing the impacts of noise from the state highway and provide a protection for young children.
o Given these unique circumstances, the Board finds that the fence will not have a negative impact upon the quality or the character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
o The applicant shall work with the Town Department of Community Environment on any appropriate landscaping plan to reduce the visual impact.
o The Board requires that the fence be maintained at all times.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF GORDON DEVELOPMENT – WAGNER ROAD
Chairman Barber stated that this is a continued matter regarding the special use permit request for a self-storage facility. Since the last hearing the following additional information has been received: a letter dated 11-27-06 from Hershberg and Hershberg addressed to Todd Gifford who is the Highway Superintendent notifying him of the proposal and also setting forth some information regarding the movements of trucks on the road. There is also an e-mail from the representative of the fire department indicating that the fire department has reviewed the application and have a few issues that are technical in nature and have no objection condition upon final approval by the Guilderland Center Fire Department. Finally there is a letter from NYSDOT Region 1 indicating that DOT has no approval authority
over the proposed action nor can they require any mitigation however if there is any roadwork at the intersection of Rt. 146 and Wagner Road requiring the issuance of a highway work permit then the DOT would become involved.
Dan Hershberg of Hershberg and Hershberg stated that they have addressed one of the fire departments comments and have added another fire hydrant and said that the fire truck could make all the turns with the exception of being able to get behind the one building. Mr. Hershberg stated that there is now a knoxbox on the gate and felt that the fire departments concerns had been addressed. Mr. Hershberg stated that they do need a nationwide permit from the Army Corps of Engineers as well as a DEC Spedes permit for GPO 201. Mr. Hershberg also stated that they do intend to make this a private water service so they would need to obtain a backflow prevention approval from NYSDOH and all other issues he feels have been addressed.
There was discussion regarding what the buildings would look like.
Chairman Barber stated that there are quite a few agencies involved in this project.
There was discussion regarding the conservation easement.
Chairman Barber asked if the stormwater management and the stormwater pollution prevention plan had been addressed to the TDE’s satisfaction.
Mr. Osterhoudt replied that as of the last meeting that information had not been resubmitted and he has not yet received any revised information.
Chairman Barber asked about the runoff concerns regarding the driveway.
Mr. Osterhoudt replied that most concerns would be submitted with any revised submission materials.
Chairman Barber asked about the quality of the road and if it can handle the projected traffic.
Mr. Osterhoudt replied that he would defer to Todd Gifford on that but he had spoke to him regarding the intersection and there still is a concern regarding the larger vehicles taking a turn into Wagner Road and recommended that the applicant look at that a little closer.
Chuck Klaer did have concerns regarding the turning radius.
Chairman Barber stated that was a technical issue that he felt that the fire department should sign off on.
Chairman Barber asked if there were any questions or comments from the residents.
Chairman Barber stated that under the special use permit for industrial zone it states that you have to have municipal water and sewer facilities. Chairman Barber stated that he felt that municipal water meant municipal water and sewer facilities was broadly phrased meaning if you have municipal sewer, great, if you don’t then you have to design a private system that meets all applicable regulations.
Mr. Osterhoudt replied that he felt that was an interpretation issue.
Chuck Klaer stated that it appeared to him that the code is making a specific requirement for industrial zones that they be served by municipal water and municipal sewer and felt that it was very clear.
There was lengthy discussion regarding the municipal water and sewer facilities.
Ken Smith of Sumpter Avenue spoke about the sanitary water systems and sewer systems and felt that other departments should get involved in the process.
Chairman Barber responded that the code does talk about compliance with state regulations and seeking out the approval of all relevant state agencies. Chairman Barber stated that the code allows for private sewage disposal systems but also says that when the public system is made available that you shall hook up to the public system.
Mr. Smith stated that it seemed to him that a Notice of Intent had not been sent to DEC and you cannot send that intent out until you have a full pollution prevention plan already created.
Chairman Barber stated that this application has been pending for a few years and DEC was notified early on in the process and they have reviewed this.
Mr. Hershberg stated that they have a Notice of Intent that has been sent and they have had the wetlands delineated. Mr. Hershberg stated that he thinks that it is appropriate to have the local approval conditional upon the higher entities approval and that this Board has done that in the past.
Chairman Barber stated that the Board has and they do know that the entities have been out there and have been working on the project and there have been no objections that they know of.
There was discussion regarding the pond and Chuck Klaer had concerns that there was no natural drainage.
Mr. Hershberg stated that there is 100’ separation up the hill and they are pumping the sewage from the building all the way up the hill and stated that the flow from the facility is so small that they had applied to the Albany County Department of Health to allow them to use a holding tank. There is only one employee with an average water use of 10 gallons a day.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chuck Klaer suggested that if there was going to be a motion made to approve this, a review of the amendment to Section 280-23b in 1988 should take place before such a motion is made.
There was discussion regarding the history of this legislative law.
Chairman Barber made a motion of non-significance in this Unlisted Action:
“This Board has conducted a careful review of this application to determine whether the granting of this special use permit will have a negative impact upon the environment. That review included the comments provided to us by the Albany County Planning Board, the Town Planning Board, the Town Planner, the TDE (Boswell Engineering) and also based upon the Board’s conducting of numerous public hearings on this request. The Board finds that based upon the conditions that will be imposed as part of its approval of this application that a negative declaration should issue. Therefore, I find that there will not be a substantial impact upon the environment.” Motion seconded by Sue Macri. Vote 7 – 0.
Chairman Barber made a motion for approval of:
“Special Use Permit Request No. 3984
Request of David Gordon for a Special Use Permit under the Zoning Law to permit: a two-phased self-storage project. Phase I will include 4 buildings containing a total of 16,350sf of space and Phase II will contain 52,300sf of space in 3 buildings. Phase II will also include an outside storage area for large vehicles and boats. This project will occupy 8.5 acres of a 49.5-acre site; 41 acres of which will remain undeveloped. Access to the property will be located off of Wagner Road.
Per Articles III & V Sections 280-23 & 280-52 respectively
For property owned by Charles Arcolano and Donna Simpson
Situated as follows: Wagner Road Altamont, NY 12009
Tax Map # 39.00-2-47.1 Zoned: IND
The Board makes its decision based upon the following findings of fact:
· A public hearing was duly noticed and held on numerous occasions and was supplemented by mailing to neighboring property owners within 750’ of said parcel. Several residents have provided comments regarding this property.
· The Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
· Albany County Planning Board’s recommendation of June 17, 2004 was to recommend disapproval without prejudice pending submission of a Stormwater Pollution Prevention Plan and an Agricultural Data Statement.
· The site plan review of October 25, 2006 by the Town Planning Board was recommend approval condition upon compliance with the Town Planners comments.
· The Town Planners comments were provided and incorporated into the record.
· The Board appointed Boswell Engineering as TDE to review various aspects of this application.
· The Board further finds that no variances are requested or required for this application.
· The proposed use is a low-intensity use in this Industrial Zone.
· While 8.43 acres of the property are projected for this use, 41.1 acres will be set aside as a conservation easement.
· A stormwater management plan and a stormwater pollution prevention plan have been submitted by the applicant and have been reviewed by the TDE and will be further reviewed by appropriate agencies.
· The Board further notes that the plan complies with the Heldeberg Escarpment Planning Guide based upon some changes in the plan including the earth tone of the buildings and the forest green color for the doors.
· The Board further finds that the six parking spaces on site appear more than adequate for the projected use as there is only one employee projected.
In granting this decision, the Board imposes the following conditions:
· Adherence to the site plan as submitted as modified to change the door color to forest green.
· Adherence to the stormwater pollution prevention plan and the stormwater management plan.
· The hours of operation shall be as set forth in the application which is 6am to 10pm daily.
· Snow removal shall be handled on site to maintain six parking spaces and if necessary snow will be trucked off to keep those spaces open.
· Construction hours shall be limited to Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
· There will be no storage of hazardous waste or other materials that may be regulated by any state or federal entity.
· No lighting other than security lighting shall take place after 10pm.
· The Zoning Board attorneys review and approval of the conservation easement for the 41.4+/- acres delineated on the plan.
· Albany County Department of Health review and approval of the private sanitary sewer system.
· Approval of the Guilderland Center Fire Department with respect to access to the site by fire apparatus.
· The Highway Department’s approval of the intersection and the condition of Wagner Road to handle the traffic. If it requires a highway work permit, approval by DOT.
· Army Corp of Engineer review with regard to a nationwide permit and also DEC review for the SPEDES permit.
· Compliance with any issues that have not been already addressed in the TDE review letter of 8-10-06 unless they have been otherwise again addressed by this Board.
· Review by the Zoning Board attorney of whether or not this requires a public sewer.
There was discussion over the different interpretations regarding sewer facilities.
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.
The Board appointed Delaware Engineering as the TDE for Nextel on the Willey Street water tower. Vote 7 – 0.
The Board approved the minutes of 10-18-06 and 9–20-06.
The Board approved a temporary building mounted sign for Berkshire Bank at 1704 Western Avenue for one month.
The Board approved a temporary building mounted banner at Miyako Japanese Steak House at 155 and 20.
The meeting adjourned at 8:50pm.
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