TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
MARCH 7, 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 LAURIE COGER - 20 SHADY LANE
Chairman Barber stated that since the last hearing on this matter the following communications have been received: a site plan review from the Town Planning Board in which they recommended approval of the request with the condition that no client visits be permitted at the residence, a letter from Richard Burke of 16 Oak Drive which indicates his opposition to the request, a letter from Joseph Crook of 21 Shady Lane and a description of the business from the applicant along with a letter from Gino Bianchi of 15 Shady Lane indicating his support to the application.
Laurie Coger, applicant, gave a brief overview of the project. Ms. Coger stated that she was willing to make her office completely administrative and not see clients there for treatment.
Chairman Barber thanked the applicant for her cooperation.
Chairman Barber stated that an animal hospital is only allowed in an agricultural zone according to the code.
Chairman Barber asked if there were any additional comments or concerns from the residents. One resident provided the Board with a letter from a concerned neighbor.
Don Reeb of 5 Norwood Street, president of the McKownville Improvement Association had concerns regarding the enforcement and adherence to the stipulations in special use permits.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of this special use permit for a veterinary office now limited solely to administrative purposes would have a negative impact upon the environment. This Board has conducted a careful review of the application and had two hearings on this matter, has received comments from the Town Planner, the Town Planning Board and has determined 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 Request No. 3998
Request of Laurie S. Coger for a Special Use Permit under the Zoning Law to permit: the use of a portion of an existing single family dwelling as a veterinary office, a customary home occupation.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Laurie S. Coger
Situated as follows: 20 Shady Lane Albany, NY 12203
Tax Map #52.19-4-23 Zoned: R15
This decision is granted upon the followings of fact:
A public hearing was duly noticed and held and the notice was supplemented by mailing the notice to properties within 750' of this property. A number of comments, both written and oral were received in opposition to the request to the extent that it introduced a business use into the neighborhood.
This Board adopted a negative declaration under SEQRA by a unanimous vote.
In their site plan review of 2-28-07, the Town Planning Board recommended with the condition of no client visits permitted at the residence.
The Town Planner's memo of 2-16-07 had no objection to the proposed use.
The Board further finds that the part of the application dealing with the administrative offices is consistent with the customary home occupation under Section 280-5 and agrees with the Planning Board that the treatment of animals in this residential zone is not consistent with the requirements of a customary home occupation. The proposed chiropractic adjustment constitutes a medical treatment which falls within the definition of an animal hospital which is only allowed in an agricultural zone.
In granting this application, the Board imposes the following conditions:
Compliance with the requirements of the Town Code regarding a customary home occupation.
No treatment of animals on site or activities which would fall within the definition of an animal hospital.
No signage other than what is permitted for a customary home occupation without the Board's prior approval.
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 Chuck Klaer. Vote 6 - 1. (Sumner)
MATTER OF CHARLES DESCH - BECKER ROAD
Chairman Barber stated that since the last meeting there has been exchange of correspondence.
Paul Dwyer stated that the only real issue left was the realignment of the intersection and submitted a plan to the Board.
Chairman Barber stated that mining permits are primary governed by the DEC and they have already granted the permit and the only issue before the Board deals with the road and the configuration.
Mark Dempf stated that the configuration looked very similar to the one proposed by DOT.
Chairman Barber asked if there were any questions or comments from the residents.
Sue Green had concerns regarding the weight limits and the reconfiguration.
Don Cropsey stated that Todd Gifford, Superintendent of Highways, has been involved in the process and has agreed that the sign can be moved just beyond the driveway and an escrow account would be set up to cover the cost of resurfacing the road from his driveway entrance out to Rt. 158 should it become necessary.
Sue Green asked if any property would be taken on the creek side of Becker Road for the new configuration.
Don Cropsey replied that it is his understanding that the DOT and the Town currently own property on which this reconfigured intersection will be placed.
Sue Green stated that DEC did say that the Town could make a recommendation concerning the hours of operation.
Chairman Barber stated that the hours of operation are set forth in the DEC permit and by law DEC has the exclusive jurisdiction on amending the hours that they have already set.
There was discussion regarding the weight standard for the road.
Jim Sumner asked if there was a timetable for reconfiguring the road.
Chairman Barber stated that he would need to comply with all the conditions before he can begin to haul gravel.
The applicant has agreed with the comments of the TDE to place the access road 90' from the original exit from the mine.
Mark Dempf stated that in DOT's letter of September 28, 2005 they requested reconfiguration at the intersection.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber stated that this is a Type I Action under SEQRA and the SEQRA was already performed by the DEC when they granted their permit.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 3724
Request of Charles Desch for a Special Use Permit under the Zoning Law to permit:
The mining of unconsolidated gravel from a 4.8 acre area contained within a life of mine area of 10.84 acres. Said site is located on a plateau above Becker Road.
Per Articles IV & V Sections 280-35 & 280-52 respectively
For property owned by: Charles Desch
Situated as follows: Becker Road and NYS Route 158, Altamont, NY 12009
Tax Map #26.00-02-24_ Zoned: AGR
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held on numerous occasions. The notice was supplemented by mailing legal notices to properties within 750' of said parcel. Residents provided comments both in support and in opposition to the request.
This is a Type I Action under SEQRA and in a notice dated July 27, 2004 the NYSDEC in a coordinated review with involved agencies, issued a negative declaration under SEQRA.
Albany County Planning Board's recommendation of April 17, 2003 was review by DEC for the permit under the Mine Land Reclamation Law and the City of Watervliet ordinances.
The site plan review by the Town Planning Board was to recommend with conditions which have been considered by the Board.
The Town Planner also had some concerns which have been addressed during the public hearings.
This proposed use is a special use within the zone and on July 20, 2005, DEC granted a permit for the mining of sand and gravel in accordance with the applicable act.
Pursuant to Article 23 Title 27 of the Environmental Conservation Law, the DEC has exclusive jurisdiction over mine land permits including issues regarding noise, discharge, air impacts, hours and the extent of use. DEC has already issued that permit for Mr. Desch.
The Town's review is limited to consideration of factors set forth in the Environmental Conservation Law Section 23-2703 which includes ingress and egress to public roads controlled by the Town.
The Town appointed Vollmer Associates to review the proposed redesign with Becker Road and Rt. 158 intersection. The DOT, in its letter dated 9-28-05 determined that the projected use of 20 trucks per hour exiting the mine to Becker Road and Rt. 158 would have a negligible impact on the level of service at that intersection and that the sight distances exceeded the minimum standards.
DOT also sent a letter on May 15, 2006 stating that the proposed realignment of the intersection would improve the intersection's operation.
The use will not exceed a single unit 30' truck.
Vollmer Associates provided us with a letter dated September 5, 2006 with a recommendation which the Board will incorporate as a condition of approval regarding the intersection.
In granting this decision, the Board imposes the following conditions:
Adherence to DEC's permit dated July 20, 2005 along with the SEQRA notice of negative declaration of July 27, 2004.
To the extent not already required by DEC, final review and sign off by the City of Watervliet with respect to the rules and regulations for the protection of public water supply at the reservoir.
The Town Highway Department review and approval of sign copy including no left on Becker Road, appropriate signage along Becker Road and that escrow be determined for road resurfacing.
Fire department review of the containment area for the refueling of trucks.
The redesign of Becker Road and the Rt. 158 intersection consistent with Sketch #1 attached to the NYSDOT's letter and recommended by the TDE.
DOT final review and approval necessary for a work permit with regard to the intersection including detailed engineering plans for the intersection.
This operation will be limited to the type of truck reviewed by the DOT and the TDE which is a single unit 30' length truck.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this special 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.
MATTER OF JEFF THOMAS - 5060 WESTERN TURNPIKE
Chairman Barber stated that this is a continued case and there has been several letters back and forth between the TDE and the applicant's engineer. Chairman Barber stated that there were a number of issues that came up at the previous hearings. Chairman Barber stated that this application is the result of Local Law #3 of 2006 adopted by the Town Board which rezoned this property from Local Business to MR and was subject to a number of conditions.
Frances Bossolini, site engineer, gave a brief overview of the project. Mr. Bossolini stated that they are looking to convert the property to a senior citizen only residential project. The existing Bavarian Chalet building will be renovated for use as both a community center for the project and a community center open to the Town of Guilderland. Since the last meeting, there have not been significant changes to the layout of the project. The access roads have been discussed and coordinated.
Mr. Bossolini discussed the variances. Mr. Bossolini stated that they have modified the landscaping for the buffer. Mr. Bossolini stated that they were planning on planting an additional row of trees in front of the stone wall to further strengthen the buffer.
Chairman Barber asked if the driveway had been shifted.
Mr. Bossolini stated that they have moved the pavement area over a bit.
Chairman Barber asked about the Stormwater Pollution Prevention Plan.
Mr. Bossolini gave a brief explanation; they are proposing two watersheds, one on the east side and one on the western portion of the site. They do have a water quality swale system going into the wetlands.
Mr. Bossolini stated that they were looking at the concept of green roof construction on the garages.
Chairman Barber asked what their thoughts were as far as a sidewalk goes.
Mr. Bossolini replied that they are working on it and have gotten a conceptual approval from DOT.
Chairman Barber asked if they had discussed any of Mr. Green's concerns with him.
Mr. Bossolini stated that was part of the basis for the redesign of green space around the property and hopes that addresses some of the concerns.
Chuck Klaer questioned where the 20 West lots would be situated.
Mr. Bossolini discussed the spacing of the houses at 20 West and stated that the houses are at least 100 - 125' away but on two of the lots the driveways will go along the property line.
Chairman Barber asked if there were any questions or comments from the residents.
Tom Green of 5080 Western Turnpike still had concerns regarding the road running along the back of his property. Mr. Green stated that they could very easily reroute the road.
MaryAnne Zwicklbauer, one of the owners of the Bavarian Chalet/Zwicklbauer Realty property, stated that it is important to them that something constructive be done with the property and felt that there would be much less traffic and less intense use than the restaurant/banquet house.
Donald Zee discussed the emergency access road. Mr. Zee stated that when the third means of ingress and egress is available that the driveway be terminated.
The TDE stated that most of the issues have been addressed.
There was discussion regarding the lighting.
Chairman Barber read a letter into the record from Chief Fire Inspector Donald Albright.
Chairman Barber made a motion to continue the public hearing for two weeks. Motion seconded by Sharon Cupoli. Vote 7 - 0.
MATTER OF VERA DORDICK - 2563 WESTERN AVENUE
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. 4002
Request of Vera Dordick for a Special Use Permit under the Zoning Law to permit: the use of 1400 sf of space as a bakery/café in an existing shopping plaza.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Frank Sgambellone
Situated as follows: 2563 Western Avenue Altamont, NY 12009
Tax Map #39.11-2-21 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of March, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 27, 2007"
The file consists of the mailing list to 44 neighboring property owners, the Town's required forms for this special use permit, recommendation from the Town Planning Board, the Town Planners comments and Albany County Planning Board's recommendation.
The Town Planner had the following comments: "The applicant is requesting a special use permit to utilize space in the Park Place plaza for a café and office. All site conditions have been previously approved. No planning objections."
Albany County Planning Board's notification of 2-21-07 was to modify local approval to include review by the ACDOH for a food service and other required permits.
Vera Dordick, applicant, presented the case.
Chairman Barber stated that the case seemed very straightforward.
Ms. Dordick stated that they have outgrown their space and this location would be for a café, office and packing; no baking. Ms. Dordick stated that the café hours would be 8am to 6pm. Ms. Dordick stated that the front end of the current location would be devoted to the wedding business.
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 Sue Macri. Vote 7 - 0.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of this special use permit for a bakery/café at this well established strip mall would have a negative impact upon the environment. This review has consisted of the comments provided us by the Town Planning Board, the Albany County Planning Board, and the Town Planner. Based upon our review, we have determined that there will not be a significant 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 Request No. 4002
Request of Vera Dordick for a Special Use Permit under the Zoning Law to permit: the use of 1400 sf of space as a bakery/café in an existing shopping plaza.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Frank Sgambellone
Situated as follows: 2563 Western Avenue Altamont, NY 12009
Tax Map #39.11-2-21 Zoned: LB
The Board makes the following findings of fact:
A public hearing was duly noticed and that no residents provided either written or oral comments.
This Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
Albany County Planning Board's recommendation of 2-22-07 was ACDOH approval of food service and other permits.
The Town Planning Board and the Town Planner had no objections to this request.
The Board further finds that this use as a bakery/café is a permitted use in this local business zone. The use is an expansion of an existing business which is a wholesale dessert and special order bakery. There are no discernable impacts upon nearby residences as there is not going to be any additional baking on premises.
The existing site conditions were previously reviewed and approved by the Board.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
The hours of operation shall be from 8am to 6pm daily with holiday hours extending until 7pm.
No baking on premises.
ACDOH permit and review for any food service or other permits required by that agency.
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.
MATTER OF BRIAN CLARK - 2093 WESTERN AVENUE
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 III & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4001
Request of Brian Clark for a Special Use Permit under the Zoning Law to permit: the use of 1050sf of space on the lower level of a previously approved office building as a martial arts studio. Site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Yelnah, LLC
Situated as follows: 2093 Western Avenue Albany, NY 12203
Tax Map #51.02-1-17 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of March, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 27, 2007"
The file consists of the mailing list to 11 neighboring property owners, the Town's required forms for a special use permit along with a Short Environmental Assessment Form for an Unlisted Action, Albany County Planning Board's recommendation, the Town Planning Board's site plan review, the Town Planner's comments, a lease between the landlord and the proposed tenant, a narrative, site plan materials and photographs.
The Albany County Planning Board's notification of 2-22-07 was modify local approval to include review by NYSDOT for design of highway access and assessment of roadway capacity.
The Town Planning Board's site plan review of 2-28-07 was recommend without any suggestions or conditions.
The Town Planner had the following comments: "The applicant has requested a special use permit to use a portion of an existing building as a martial arts school. This site is 3.8 acres opposite the 20 Mall. No site plan changes are requested. This site recently received approval for a portion of the building to be used as a day spa. Former uses were medical in nature. 42 parking spaces are available on the site and because of topographic limitations; it would be difficult to construct any additional spaces. I have no objection to this use as long as it is determined that the parking will be adequate."
Brian Clark, applicant, presented the request.
Chairman Barber stated that it appeared that the hours of operation of the martial arts school would be after the heavy use hours of the existing tenant.
Mr. Clark replied that is correct; and a lot of the students would be dropped off.
Chuck Klaer stated that there might be parking problems on Saturday mornings.
Don Cropsey stated that there is no parking variance requested, the parking was adequate.
Mr. Clark stated that there was plenty of parking on site.
Chuck Klaer asked if they were leasing the whole lower level.
Mr. Clark replied that they were not.
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 non-significance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of this special use permit for a martial arts studio at 2093 Western Avenue would have a negative impact upon the environment. This review has consisted of the comments provided to us by the Town Planning Board, the Albany County Planning Board, and the Town Planner. Based upon our review of the record and the hearing this evening, we have determined that there will not be a significant 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 Request No. 4001
Request of Brian Clark for a Special Use Permit under the Zoning Law to permit: the use of 1050sf of space on the lower level of a previously approved office building as a martial arts studio. Site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Yelnah, LLC
Situated as follows: 2093 Western Avenue Albany, NY 12203
Tax Map #51.02-1-17 Zoned: BNRP
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held this evening. The notice was supplemented by mailing the legal notice to property owners within 750' of this property. No residents provided either written or oral comments at the hearing.
The Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
The Albany County Planning Board's notification of 2-22-07 was DOT approval for highway capacity and road access.
The Town Planning Board's site plan review of 2-28-07 was to recommend without any conditions or suggestions.
The Town Planner had no objections.
The Board further finds that a martial arts studio is a permitted use in this zone and that no parking variance is required as determined by the Zoning Administrator.
The proposed use will have evening hours and weekend hours which substantially avoid any overlapping of use with the existing day spa. In the review of the day spa, it was noted that a good part of the clientele was by appointment only which further reduces the impacts.
It appears that a good part of the use of this martial arts studio will be by drop offs and that the parking on site should be more than adequate.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The hours of operation shall be Monday - Friday from 4pm to 9pm, on Saturday from 8am to 11am.
Construction hours shall be limited to Monday - Friday from 7am to 6pn, Saturday from 9am to 5pm with no construction allowed on Sunday.
DOT approval consistent with the Albany County Planning Board's notification of 2-22-07.
Snow removal be handled as such to make all parking spaces available.
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.
MATTER OF JAMES RYER - 1775 WESTERN 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 III & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4000
Request of James B. Ryer for a Special Use Permit under the Zoning Law to permit: the conversion of 858sf of space formerly used as general office space to a computer repair and sales business. 19 parking spaces are required; 19 spaces are provided. All other site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Michael John Buonagura
Situated as follows: 1775 Western Avenue Albany, NY 12203
Tax Map #52.09-4-10 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of March, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 27, 2007"
The file consists of the mailing list to 42 neighboring property owners, the Town's required forms for this Special Use Permit along with a Short Environmental Assessment Form, Albany County Planning Board's notification of 2-22-07, the Town Planning Board's site plan review of 1-24-07, the Town Planner's comments of 3-1-07, a depiction of the space to be leased, a brief narrative, and a site plan of the property.
Albany County Planning Board's notification of 2-22-07 was no significant countywide or inter municipal impact. Defer to local consideration.
The Town Planning Board's site plan review of 1-24-07 was to recommend without any suggestions or conditions.
The Town Planner had the following comments:
"The applicant is requesting a special use permit to use the first floor of the existing building for a computer service business. The site provides 19 parking spaces which are laid out slightly different than what is shown on the site plan. This property has been reviewed many times for different office type uses and all site conditions are preexisting and will remain as is. No planning objections."
Mensora Fikomar (?), office manager of Techniconsults, presented the case and gave a brief overview of the business. Mr. Fikomar stated that there is not a large amount of retail that goes on in the office, it is mainly consulting from business to business.
There was discussion regarding the parking.
Chairman Barber asked Don Cropsey about landscaping.
Don replied that they could add some landscaping around the sign.
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 non-significance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of this special use permit for Techniconsults at 1775 Western Avenue would have a substantial negative impact upon the environment. This review has consisted of the comments provided to us by the Town Planning Board, the Albany County Planning Board, and the Town Planner. Based upon our review of the record and the hearing this evening, we have determined that there will not be a significant 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 Request No. 4000
Request of James B. Ryer for a Special Use Permit under the Zoning Law to permit: the conversion of 858sf of space formerly used as general office space to a computer repair and sales business. 19 parking spaces are required; 19 spaces are provided. All other site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Michael John Buonagura
Situated as follows: 1775 Western Avenue Albany, NY 12203
Tax Map #52.09-4-10 Zoned: LB
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held this evening. Notice was supplemented by mailing legal notices to properties within 750' of said property. No residents provided either written or oral comments at the hearing.
This Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
Albany County Planning Board, on 2-22-07 notified us that there was no significant impacts.
The Town Planning Board's site plan review of 2-24-07 was to recommend without any suggestions or conditions.
The Town Planner had no objections.
The Board further finds that this use is permitted in this LB zone.
No parking variance is required.
All site characteristics have been previously reviewed and approved by the Board.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted.
The hours of operation shall be Monday - Saturday from 10am to 6pm and closed on Sunday.
Construction hours shall be limited to the following: Monday - Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
There shall be no signs or banners installed without prior Board approval.
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.
SIGNS:
The Board approved a 5sf sign for Guilderland Martial Arts at 2093 Western Avenue. Vote 7 -0.
The Board approved a 18sf temporary grand opening banner for Guilderland Martial Arts for 30 days. Vote 7 - 0.
The Board approved a 20sf building mounted sign for the cafe Queen of Tarts at 2563 Western Avenue. Vote 7 - 0.
The Board approved a 30sf freestanding sign for Techniconsults at 1775 Western Avenue. Landscaping shall be installed at base of sign. Vote 7 - 0.
The Board approved a 32sf building mounted sign for Weight Watchers at 1704 Western Avenue. Vote 7 - 0.
The Board approved the minutes of 1-3-07. Vote 7 - 0.
The meeting adjourned at 9:40pm.
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