TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JUNE 20, 2007
Members Present
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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.
CONTINUED CASES:
MATTER OF JOHN HAWLEY - 4 WORTHINGTON RD.
Chairman Barber stated that this case was continued to allow Don Cropsey to work with the applicant on the placement of the shed.
Don Cropsey stated that they had met on site and that Mr. and Mrs. Hawley still wish to place the shed on the outside of the fence. However, they did decide a different location would be less obtrusive to some of the neighbors, they are proposing to move it closer to the house. The shed and a portion of the fence would be screened with landscaping.
There was discussion regarding the two proposals that the applicant had submitted.
Don Cropsey stated that the second proposal would require readvertisement because the shed would be closer to the street.
John Hawley stated that he had met Don Cropsey on site and recommended moving the shed back on the property closer to the garage which would blend in more with the house.
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.
There was discussion regarding the type of landscaping. Chuck Klaer suggested more trees along the fence line and possibly stagger them a bit.
Chairman Barber stated that the primary concern is the visual impact.
Chairman Barber made a motion for approval of:
Variance Request No. 4012
Request of John and Pamela Hawley for a Variance of the regulations under the Zoning Law to permit: the placement of a 12' x 16' storage shed within a required front yard on this corner parcel of land. Proposed shed will be placed within 18' of the front property line.
Per Articles IV & V Sections 280-34 and 280-51 respectively
For property owned by John and Pamela Hawley
Situated as follows: 4 Worthington Road Schenectady, NY 12303
Tax Map #15.09-1-6 Zoned: R40
The Board makes the following findings of fact:
A public hearing was duly noticed and held on June 6, 2007 and again this evening. Three neighbors had not objection to the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner provided comments that the Board has considered during their public hearings.
The property is a corner lot which creates two front yards and creates enhanced setbacks which are not typical in a traditional setting.
The shed, as originally proposed, was approximately 18' from the property line and roughly 33' from the edge of the pavement. It has now been moved further back as this Board requested. (Proposal #1)
The citing of the shed does not create any sight line distances along either of the roads at this intersection.
The Homeowners Association does not oppose the request and three property owners who are most directly affected by this also have no objection to the request.
The property owner has met with the Zoning Administrator and has agreed to relocate the shed closer to the house and the fence and to install landscaping.
In granting this decision, the Board imposes the following conditions:
Adherence to the revised location of the shed as set forth in Proposal #1. Depiction of the landscaping plan depicted on Proposal #1 to be modified to the extent necessary as determined by the Zoning Administrator so that the visual impacts on the sides can be softened and the tree line could be continued further down along the fence line.
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 THOMAS CARPENTER - 19 TERRY AVENUE
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 4017
Request of Thomas and Colleen Carpenter for a Variance of the regulations under the Zoning Law to permit: a multifaceted expansion of a single-family home on an existing undersized lot. A 10' x 15' kitchen extension in the front yard and a second stall garage bay in the side yard is proposed. Variances are requested for the following: 1) front yard - 25' required, 16' is proposed, a 9' variance is requested and 2) side yard - 8' required, 5'7" is proposed a 2'3" variance is requested.
Per Articles IV & V Sections 280-31 and 280-51 respectively
For property owned by Thomas and Colleen Carpenter
Situated as follows: 19 Terry Avenue Schenectady, NY 12303
Tax Map #15.14-1-65 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of June, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 12, 2007"
The file consists of the mailing list to 44 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a narrative, a photo, some schematics of the proposed addition and additional photos taken by Don Cropsey.
The Town Planner had the following comments: "The applicant has applied for a variety of area variances to construct several additions to their single family home. No planning objections."
Thomas Carpenter, applicant, presented the case. Mr. Carpenter gave a brief overview of the proposed additions. Mr. Carpenter stated that they would like to enlarge their kitchen and add a garage.
Chairman Barber asked if they had talked to any of their neighbors regarding their proposal.
Mr. Carpenter replied that his next-door neighbor does not have a problem.
Don Cropsey stated that the layouts of the houses in this area have the kitchens in the front and that is where a lot of the expansions have been and there have been a number of variances granted for them.
Sharon Cupoli asked if the addition would blend in as far as the siding goes.
Mr. Carpenter stated that it would definitely blend into the current home.
Chuck Klaer had concerns that there would not be enough access room to the back yard.
Mr. Carpenter stated that he was planning on moving the existing garage door to the back of the house for a "drive thru" garage.
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 for approval of:
Variance Request No. 4017
Request of Thomas and Colleen Carpenter for a Variance of the regulations under the Zoning Law to permit: a multifaceted expansion of a single-family home on an existing undersized lot. A 10' x 15' kitchen extension in the front yard and a second stall garage bay in the side yard is proposed. Variances are requested for the following: 1) front yard - 25' required, 16' is proposed, a 9' variance is requested and 2) side yard - 8' required, 5'7" is proposed a 2'3" variance is requested.
Per Articles IV & V Sections 280-31 and 280-51 respectively
For property owned by Thomas and Colleen Carpenter
Situated as follows: 19 Terry Avenue Schenectady, NY 12303
The Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. No residents provided either written or oral comments.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to this request.
The Board further finds that the owners of the property are long standing and the house has been in the family for a number of years. The property is presently very well maintained and the proposed addition is attractively designed.
The variance will enable the property owner to meet family needs and that other variances have been granted in the neighborhood under similar circumstances.
The Board finds that the granting of the variance will not have a negative impact upon the quality and/or character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Construction hours will be limited to: Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sundays.
The addition will match to the extent possible the existing structure.
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 THOMAS O'CONNOR - 6266 FOUNDRY ROAD
Pat Aikens 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. 4016
Request of Thomas W. O' Connor for a Variance of the regulations under the Zoning Law to permit: the placement of a 10' x 20' garden shed within a 100' required setback from a stream. Said shed will be set 10' from stream bank.
Per Articles IV & V Sections 280-29 and 280-51 respectively
For property owned by Thomas and Catherine O'Connor
Situated as follows: 6266 Foundry Road Guilderland, NY 12084
Tax Map #40.17-2-21 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of June, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 12, 2007"
The file consists of the mailing list to 15 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a narrative provided by the applicant, a schematic of where the proposed shed will be located and some photos of the site.
The Town Planner had the following comments: "The applicant has applied for an area variance to place a shed within 100' of the Hungerkill, which may also be in the floodway. The lots in this area are only 120' deep on average so it is difficult to place anything outside the 100' setback. However, the shed is proposed for a vacant lot adjacent to the applicant's house, so the setback should be maximized as much as is practical."
Thomas O'Connor, applicant, presented the case. Mr. O'Connor stated that he owned the adjacent lot that he wishes to put the shed on.
Chairman Barber stated that if the shed were placed 100' from the stream, it would basically be in the front yard. Chairman Barber stated that it appears that there are other sheds similarly situated along the stream.
Mr. O'Connor stated that he had purchased the lot about 3 years ago and on that lot, there are two storm drains, one that cuts diagonally across the lot and another which is buried. Mr. O'Connor stated that they wanted to place the shed back in the corner to give them more use of the side lot, it would be out of view from the road and so that it would not disrupt the drains and water service.
Mr. O'Connor spoke about the level of the stream after very heavy storms and stated that there has not been any water on that site.
Chairman Barber asked Mr. O'Connor if he has noticed any problems with any neighbors' lots flooding or problems with their sheds.
Mr. O'Connor replied not to his knowledge.
Chairman Barber asked if there were any questions or comments from the residents.
Sharon Cupoli asked if he could possibly move it further from the stream.
Mr. O'Connor replied that he probably could move it closer to the road but that would take away from any future use of the side lot; he would like to be able to put a large garden in.
Chuck Klaer had concerns with the shed being placed that close to the stream and did not want to create precedent by waiving the buffer to a waterway.
Chairman Barber stated that most of the other properties also have sheds close to the stream.
Mr. O'Connor stated that there is an inground pool for one of his neighbors that was recently approved in the setback.
Chuck Klaer asked if he would consider turning it and bringing it closer.
Mr. O'Connor stated it would have less impact upon the neighbors leaving it where he is proposing to place it.
Chairman Barber stated that if he did bring the shed forward, there will start to be impacts to the property to the right. Chairman Barber stated that this would be perfectly consistent with other sheds in the neighborhood.
Chairman Barber made a motion to close the public hearing. Motion seconded by Mike Marcantonio. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Variance Request No. 4016
Request of Thomas W. O' Connor for a Variance of the regulations under the Zoning Law to permit: the placement of a 10' x 20' garden shed within a 100' required setback from a stream. Said shed will be set 10' from stream bank.
Per Articles IV & V Sections 280-29 and 280-51 respectively
For property owned by Thomas and Catherine O'Connor
Situated as follows: 6266 Foundry Road Guilderland, NY 12084
Tax Map #40.17-2-21 Zoned: R15
The Board makes the following findings of fact:
A public hearing was duly noticed and held this evening and no residents provided either written or oral comments regarding the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the request.
The Board further notes that the lots in this area are approximately 120' in depth which makes it very difficult, if not impossible, to maintain the 100' setback. The house itself is within the 100' setback.
Other nearby properties have received variances to allow the placement of pools and sheds in the rear yard.
It is reported by the applicant that the high level mark for the stream is approximately 3.5' short of the proposed placement of this shed.
The property owner is also proposing a design which will blend the shed into its setting.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
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 JENNIFER THOMAS - 201 LONGHOUSE LANE
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:
Variance Request No. 4018
Request of Jennifer and David Thomas for a Variance of the regulations under the Zoning Law to permit: the installation of a 6' high stockade fence in a required front yard on a corner lot. Proposed fence will be located within 15' of the front property line along Dr. Shaw Road. A variance of 20' is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Jennifer and David Thomas
Situated as follows: 201 Longhouse Lane Slingerlands, NY 12159
Tax Map #51.18-2-1 Zoned: RO40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of June, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 12, 2007"
The file consists of the mailing of the notice to 26 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative, a survey with the proposed citing of the fence and some photos by the applicant and Don Cropsey.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a fence on a corner lot. The fence will not impede sight distance and the applicant is planning on landscaping the outside. No planning objections."
Jennifer and Davis Thomas, applicants, presented the case. Mrs. Thomas stated that they wished to install the fence to keep their children confined to the yard.
Chairman Barber asked about the landscaping.
Mrs. Thomas stated that they already have planted four flowering cherry trees and they will be on the outside of the fence. In addition, the fence will be lined with white stone.
There was discussion regarding additional landscaping.
Ms. Thomas stated that they chose this type of fence because it is more attractive than the stockade fence that some of their neighbors have installed.
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 for approval of:
Variance Request No. 4018
Request of Jennifer and David Thomas for a Variance of the regulations under the Zoning Law to permit: the installation of a 6' high stockade fence in a required front yard on a corner lot. Proposed fence will be located within 15' of the front property line along Dr. Shaw Road. A variance of 20' is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Jennifer and David Thomas
Situated as follows: 201 Longhouse Lane Slingerlands, NY 12159
Tax Map #51.18-2-1 Zoned: RO40
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held this evening. No residents provided either written or oral comments regarding this application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the request.
The Board further finds that this is a corner lot which creates two front yards and therefore two 35' setbacks.
This is located on Dr. Shaw Road which has become a more heavily traveled road over the years. There have been other variances granted for fences along this road and this fence will enable the parents to provide for a safer back yard for their children. The fence will also provide a noise barrier from traffic along Dr. Shaw Road.
The fence will be roughly 40' off the road and will have no impact upon sight line.
There is existing cherry trees along the fence and the Zoning Administrator will determine whether additional planting may be required between those trees.
The fence itself is attractively designed; a cedar style with a lattice top.
The Board grants this request with the following conditions:
Adherence to the plans as submitted.
Additional landscaping if determined by the Zoning Administrator.
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.
OTHER:
The Board approved the minutes of 3/7/07, 5/2/07 and 6/6/07.
The Board discussed lighting renovations for the Holiday Inn Express. The lighting would be ground mounted lighting at the foundation of the building and it is difficult to tell whether they would have any impact upon the property line. Chairman Barber asked if this would be an amendment to their special use permit.
The Board approved a three-day promotional event for Liberteks at 1648 Western Avenue. Vote 7 - 0.
After lengthy discussion, the Board approved a temporary sign for Jiffy Lube at 2067 Western Avenue for one week only. Vote 7 - 0.
The Board approved new signage for A T & T at Stuyvesant Plaza. Vote 7 - 0.
The Board discussed the façade change for Westmere Plaza and approved the façade change with the condition that there be appropriate signage installed that meet the fire code. Vote 7 - 0.
The meeting adjourned at 9:00pm.
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