TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
OCTOBER 17, 2007
Members Present
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Peter Barber, Chairman Sharon Cupoli Chuck Klaer Mike Marcantonio Susan Macri Allen Maikels 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 TRACY & CHRISTOPHER WRONOSKI – 33 CHRISTINA DRIVE
Sharon Cupoli read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles III & V of the Zoning Law on the following proposition:
Variance Request No. 4045
Request of Chris and Tracy Wronoski for a Variance of the regulations under the Zoning Law to permit: the construction of a 15' x 30' two-story addition within a required side yard. A 15' side yard setback is required; 10' is proposed, a 5' setback variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Chris and Tracy Wronoski
Situated as follows: 33 Christina Drive Schenectady, NY 12303
Tax Map #15.18-2-37 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of October, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 9, 2007"
The file consists of the mailing list to 36 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a brief narrative and a schematic diagram of the property.
The Town Planner has the following comments: "The applicant has applied for an area variance to construct an addition that will encroach 5' into the required side yard. No planning objections."
Tracy Wronoski, applicant, presented the case.
Chairman Barber stated that the addition appears to be flush with the house and using the same materials as the existing house.
Ms. Wronoski stated that was correct.
Chairman Barber asked if any neighbors had any questions or objections to the request.
Ms. Wronoski replied "no".
Chairman Barber asked Don Cropsey if he had any issues with the proposed addition.
Don Cropsey replied that he had no issues.
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. 4045
Request of Chris and Tracy Wronoski for a Variance of the regulations under the Zoning Law to permit: the construction of a 15' x 30' two-story addition within a required side yard. A 15' side yard setback is required; 10' is proposed, a 5' setback variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Chris and Tracy Wronoski
Situated as follows: 33 Christina Drive Schenectady, NY 12303
Tax Map #15.18-2-37 Zoned: R15
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening and 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 the request.
The Board finds that the addition will be flush with the front of the house and there have been no objections raised by any of their neighbors regarding this proposal.
The granting of this variance of 5' will not have a negative impact on the quality or character of this well-established neighborhood.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
The hours of construction shall be limited to the following: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
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 MARTIN CAPULLO – 37 JEAN PLACE
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. 4044
Request of Martin and Deborah Capullo for a Variance of the regulations under the Zoning Law to permit: the construction of a single-family home with a reduced side yard setback and a reduced front yard setback along one street side on a corner lot. 1) A 15'0" side yard setback is required; 10'0" is proposed, a 5'0" setback variance is requested and 2) a 35'0" front yard setback is required along each street side on corner lots; a 26'0" setback is proposed along one street, a 9'0" variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Martin Capullo
Situated as follows: 37 Jean Place Schenectady, NY 12303
Tax Map #15.17-1-96 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of October, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 9, 2007"
The file consists of the mailing list to 18 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a petition dated October 2007 from 14 of 16 houses located in the Essex Woods development opposing the variance as being inconsistent with the current character of the development, a narrative and a plot plan.
The Town Planner had the following comments: "The applicant has requested area variances to construct a home on a corner lot. No planning objections."
Martin and Deborah Capullo, applicants, presented the case.
Chairman Barber stated that the narrative said that they thought they knew what the frontage was and then found out different. Chairman Barber asked if they already have blueprints made for the house.
Ms. Capullo stated that they did not have the blueprints made before they purchased the property. Ms. Capullo stated that they had gone to the Albany County Clerk's Office to look at the survey and they were informed that the copy was not clear so they were sent to the tax office to get more accurate numbers against the roadsides. Ms. Capullo stated that after they did that, they got the blueprints drawn up.
Chairman Barber stated that in dealing with an intersection, the measurements can sometimes get confusing at times.
Chairman Barber asked if they had given any thought to keeping the house within the 15' side yard setback.
Mr. Capullo stated that they went off of the tax map and got their plans already made up for the house.
Chairman Barber asked Don Cropsey if it would be a better alternative to shift the home 5' to the right and increase the variance on the roadside.
Don Cropsey replied that he is not sure if it would be a better alternative, but it would shorten his driveway and bring his vehicles closer to the road.
Chairman Barber asked if it would be imperceptible to the naked eye if you increased the setback from 10' to 12' or 13'.
Don Cropsey replied that you probably would not be able to tell the difference once the house was built. Don stated that the Capullos originally wanted to keep the house closer to the south side and he made the suggestion that they split the difference to make each variance less.
Mr. Capullo stated that if they shifted it to the right, his driveway would be 22' which would not be big enough for his vehicles.
Chairman Barber stated that the Town has a right-of-way which is 15' which would increase the size of the driveway. Chairman Barber asked the Capullos if they might be willing to shift the house a bit away from the neighboring house.
Mr. and Mrs. Capullo replied that they would definitely consider that.
Chairman Barber asked if the house was similar to those in the neighborhood.
Don Cropsey replied that it appears to be similar in size to the other houses; possibly a little smaller.
Chairman Barber asked if the driveway would be consistent to others in the neighborhood.
Don Cropsey replied that the other driveways are probably about 50' long.
There was discussion about reducing the variance on the side yard and shifting the house more to the street side.
Chairman Barber asked if there were any questions or comments from the residents.
Clifford Waldman of 41 Jean Place, adjacent property owner, stated he was representing his wife and 22 other residents of the Essex Woods development. Mr. Waldman asked for denial of the variance request as they felt that building the house in that particular way would not be in keeping with the character of the neighborhood. Mr. Waldman stated that the houses are very widely spaced. Mr. Waldman stated that there are other options for placing the house on the lot.
Jim Sumner asked if there were any houses in the neighborhood that have variances.
Don Cropsey replied that the neighbor across the street was granted a variance to allow a fence in a required front yard and the variance granted to the Wronoskis tonight is right around the corner.
Chairman Barber stated that they are dealing with two front yards as it is a corner lot. If the side yard variance was eliminated, then you are just dealing with a front yard variance on a corner lot which is a much easier burden to reach. Chairman Barber stated that corner lot variances are a common occurrence in terms of variances being granted.
Chairman Barber stated that he would like to give the applicant a chance to think about possibly modifying the application.
Mr. Capullo stated that they had discussed shifting the house to eliminate the side yard variance and thought that would be fine.
Chairman Barber stated that they would like to ask the Town Planner's opinion to make sure she has no objection.
Chairman Barber made a motion to continue the application for two weeks to give the applicant a chance to submit a revised plan and letter stating his intentions. Motion seconded by Sue Macri. Vote 7 – 0.
MATTER OF PHILLIP SELLIE – 3084 EAST LYDIUS STREET
Counsel Thayer read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles III & V of the Zoning Law on the following proposition:
Variance Request No. 4046
Request of Phillip Sellie for a Variance of the regulations under the Zoning Law to permit: the construction of a 29' x 6'4" covered front porch on an existing single-family dwelling. A 35' front setback is required; 23' is provided, a 12' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Phillip Sellie
Situated as follows: 3084 East Lydius St. Schenectady, NY 12303
Tax Map #15.14-5-15 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of October, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 9, 2007"
The file consists of the mailing list to 36 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a brief narrative and elevations regarding the proposed addition.
The Town Planner had the following comments: "The applicant has requested an area variance to construct a covered porch that will encroach into the front yard setback. No planning objections."
Phillip Sellie, applicant, presented the case.
Chairman Barber asked if there was any porch there at the present time.
Mr. Sellie replied that there was a small existing entranceway with a little porch. Mr. Sellie replied that he would like to make it the length of his house and cover it.
Chairman Barber stated that the only reason that the variance is needed is because it is covered.
Sharon Cupoli asked why there would be a metal roof.
Mr. Sellie replied that it is mainly decorative.
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. 4046
Request of Phillip Sellie for a Variance of the regulations under the Zoning Law to permit: the construction of a 29' x 6'4" covered front porch on an existing single-family dwelling. A 35' front setback is required; 23' is provided, a 12' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Phillip Sellie
Situated as follows: 3084 East Lydius St. Schenectady, NY 12303
Tax Map #15.14-5-15 Zoned: R15
The granting of this requesting is based upon the following findings of fact:
A public hearing was duly noticed this evening and 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.
The Board further finds that the proposed covered porch will supplement an existing partial porch.
The materials proposed to be used will match the existing house and will greatly improve the appearance of the property.
The Board further finds that the granting of this application will not have a negative impact on the character of the neighborhood.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
The hours of construction shall be limited to the following: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
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 JOHN AND GALA KMACK – 715 WASENTHA WAY
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. 4042
Request of John and Gala Kmack for a Variance of the regulations under the Zoning Law to permit: the construction of an inground swimming pool beyond the intersection of a 12° angle of repose from the Normanskill Creek.
Per Articles IV & V Sections 280-29 and 280-51 respectively
For property owned by John and Gala Kmack
Situated as follows: 715 Wasentha Way Slingerlands, NY 12159
Tax Map #51.18-1-24 Zoned: RO40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of October, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 9, 2007"
The file consists of the mailing list to 34 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a project narrative, a letter dated October 8, 2007 from John and Amy Phillips of 711 Wasentha Way indicating they have no objections to the request, a letter from Mark and Angela Warner of 719 Wasentha Way stating that they had no objection to the request, and
a depiction of the property with the proposed location of the pool.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct an inground pool within the angle of repose. The satellite photo of this property shows a much smaller deck, approximately 12' in depth. This would allow the pool to be moved toward the house and substantially outside the angle of repose. Have always been against the granting of angle of repose variances, especially in newer subdivisions where the Planning Board grants approval relying on the protection of environmental features. If the Zoning Board entertains this variance, an effort should be made to minimize the variance as much as possible."
John Kmack, applicant, presented the case. Mr. Kmack stated that the deck is existing, not proposed. Mr. Kmack stated that there have been other variances granted in the immediate area regarding the angle of repose. Mr. Kmack stated that he was open to any suggestions that would make this easier but they have taken into account a lot of other configurations in the placement of the pool.
Chairman Barber stated that a variance was granted at 711 Wasentha Way but only after the Board received a geotechnical report that established a safe building line for both the pool and the gazebo. Chairman Barber stated that report was then reviewed by a TDE to confirm the soil stability.
Mr. Kmack replied that they have tried many different configurations but there is no other feasible location. Mr. Kmack stated that the location that they have chose takes into account the furthest possible point from the angle of repose.
Jim Sumner asked if they could turn the pool and bring it closer to the driveway.
Mr. Kmack stated that as they move the pool closer there is a problem with the slope of the land and 711 Wasentha Way drains towards their property so it could create drainage issues. Another issue would be the difficulty of fencing in the pool as the pool would be squeezed into the envelope.
Chairman Barber asked the applicant to submit a soils stability report for the TDE to review.
Mr. Kmack stated that he was trying to avoid that expense.
Chairman Barber replied that unfortunately that is required; the Board is obligated to assess the soils stability.
Chairman Barber made a motion to appoint Delaware Engineering as the TDE to review the report submitted by the applicant.
Chairman Barber made a motion to continue this hearing for two weeks for the applicant to obtain a soils stability report and submit it to the Board. Motion seconded by Sharon Cupoli. Vote 7 – 0.
Mr. Kmack asked about the report that was submitted for 711 Wasentha Way.
Chairman Barber replied that he would need to submit a new soils stability report for his own property.
MATTER OF PAUL BASHANT – 12 HAMILTON STREET
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 4048
Request of Paul and Jennifer Bashant for a Variance of the regulations under the Zoning Law to permit: the installation of an inground pool within a side yard and beyond the intersection of a 12° angle of repose from a watercourse.
Per Articles IV & V Sections 280-29 and 280-51 respectively
For property owned by Paul and Jennifer Bashant
Situated as follows: 12 Hamilton Street Guilderland, NY 12084
Tax Map #40.13-3-37 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of October, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 9, 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, a letter from Daniel Loucks, engineer, indicating that they have done a site visit to observe the surface conditions but a detailed slope stability analysis has not been performed but in his opinion the placement of the pool will not reduce the stability of the existing slope and will actually slightly improve the global stability of the slope.
The Town Planner had the following comments: "The applicant has requested to install an inground pool within the angle of repose and in a side yard. It also appears the proposed pool may be within 100' of a watercourse. This is a 2-acre parcel along the east branch of the Hungerkill. There are many alternative areas that a pool could be placed without the safety and environmental impacts of the proposed placement."
Paul Bashant, applicant, presented the case.
Chairman Barber stated that ponds and lakes are not governed by the angle of repose requirement.
Mr. Bashant stated that Mr. Loucks had stated that it seemed fairly stagnant and did not feel that there were any erosion issues there.
Chairman Barber stated that he was not sure if this was even an angle of repose issue but there would still be the issue of the side yard variance. Chairman Barber felt that this was more of a legal issue for the attorney to address and if it was determined that this was a watercourse, then a soils stability report would need to be prepared.
Chairman Barber proposed that the Board deal with the side yard variance tonight.
Mr. Bashant stated that the hole had already been dug for the pool and they would like to resolve this as soon as possible.
Chairman Barber replied that Delaware Engineering would need to sign off on it before the Board can give an approval.
Chairman Barber stated that if Counsel Thayer determines that this is not an angle of repose they would not need to get Delaware Engineering involved and would not need a soils report.
Chuck Klaer felt that this was not an isolated pond.
There was discussion regarding the Board's obligation to uphold the Town Code.
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.
Chairman Barber made a motion for approval of:
Variance Request No. 4048
Request of Paul and Jennifer Bashant for a Variance of the regulations under the Zoning Law to permit: the installation of an inground pool within a side yard.
Per Articles IV & V Sections 280-34 and 280-51 respectively
For property owned by Paul and Jennifer Bashant
Situated as follows: 12 Hamilton Street Guilderland, NY 12084
Tax Map #40.13-3-37 Zoned: R15
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening. No residents provided written or oral comments in opposition to the request.
The Town Planner had no objections to the side yard variance but did note objections to the angle of repose variance.
This is a corner lot creating two front yard setback requirements.
The proposed location of the pool will minimize any impacts upon neighboring property owners.
The pool will not be visible from either Rt. 20 or Hamilton Street.
The granting of this side yard variance will not have any negative impacts upon the quality or character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Construction hours shall be Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
This variance is contingent upon the determination by Counsel Thayer on whether a variance from the angle of repose is required.
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 6 – 1. (Klaer)
Chuck Klaer asked why the pool could not be put somewhere else on the lot.
Mr. Bashant replied that there were many reasons why they decided the location would be the best. Mr. Bashant stated that the location is not even visible from any neighboring property and the placement of the pool is for safety of their children.
MATTER OF PAUL GLEASMAN – 2925 W. OLD STATE ROAD
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:
Variance Request No. 4043
Request of Paul Gleasman for a Variance of the regulations under the Zoning Law to permit: the construction of a 10' x 23' three-season sunroom to replace an existing uncovered deck. A portion of the proposed structure will encroach a required 35' rear yard setback, a 10' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Paul Gleasman
Situated as follows: 2925 W. Old State Road Schenectady, NY 12303
Tax Map #27.18-1-12.3 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of October, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 9, 2007"
The file consists of the mailing list to 28 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a narrative and a depiction of the property.
The Town Planner had the following comments: "The applicant has requested an area variance to construct a sunroom in place of a deck that will encroach into the rear setback by 10'. No planning objections."
Paul Gleasman, applicant, presented the request.
Chairman Barber stated that only part of the sunroom would encroach.
Chairman Barber stated that it seems very straightforward and had no problems with the request.
Sharon Cupoli asked if the existing deck would be removed.
Mr. Gleasman replied that it would be removed.
Sharon Cupoli asked if the sunroom addition would be glass.
Mr. Gleasman replied that it would be almost all glass.
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. 4043
Request of Paul Gleasman for a Variance of the regulations under the Zoning Law to permit: the construction of a 10' x 23' three-season sunroom to replace an existing uncovered deck. A portion of the proposed structure will encroach a required 35' rear yard setback, a 10' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Paul Gleasman
Situated as follows: 2925 W. Old State Road Schenectady, NY 12303
Tax Map #27.18-1-12.3 Zoned: R15
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and no residents provided either written or oral comments.
The Town Planner had no objections to the request.
The lot is an irregular shaped lot with awkward rear yard setbacks.
The proposed sunroom will be placed in an existing deck area. The side where the sunroom is proposed is on the back of the property and is bordered by extensive farmlands.
There have been no objections to this request lodged by any neighbors.
Only a small corner of the sunroom is affected by the setback; the vast majority of the sunroom respects the rear yard setback.
The granting of this application will not have any negative impacts upon the quality or character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
Construction hours shall be Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
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 TROY MILLER – 2390 WESTERN AVENUE
Counsel Thayer read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles III & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4047
Request of Troy Miller for a Special Use Permit under the Zoning Law to permit: the construction of a two-story 10,000sf professional office building on a 1.22acre parcel of land. This proposal will include paved parking for 35 vehicles with an area for 29 additional spaces should they become needed, and a shared access from US Rt. 20. 48% of the parcel will remain undeveloped or landscaped.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property under purchase contract between Paul Wein and Troy Miller
Situated as follows: 2390 Western Avenue Guilderland, NY 12084
Tax Map #39.00-3-57.2 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of October, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 9, 2007"
The file consists of the mailing list to 11 neighboring property owners, the Short Environmental Assessment Form for this Unlisted Action, Albany County Planning Board's notification of 8-16-07, the Town Planning Board's site plan review, the Town Planner's comments, the purchase contract, a narrative and some proposed plans for the project.
Albany County Planning Board's notification of 8-16-07 reads as follows: Modify local approval to include 1) review by the ACDOH for water supply, wastewater discharge and other required permits, 2) If it is determined that the parking lot in the rear will be developed then a SWPPP should be done with the submission of a copy of the Notice of Intent filed with NYSDEC affirming that a Stormwater Pollution Prevention Plan has been prepared, is being implemented, or submission of a Stormwater Pollution Prevention Plan that is consistent with the requirements included in the NYSDEC SPDES General Permit for Stormwater Discharges (GP-02-01, January 2003) for construction activities that disturb more than one acre of land, and 3) review by NYSDOT for design of highway access and assessment of road
capacity. Site plan shows a shared access drive to SR 20. Easement information should be included in the final approval."
The Town Planning Board's site plan review of 8-08-07 states as follows: "Recommended with the following conditions: install sidewalk across both properties as per original subdivision approval, provide a clearing and grading plan and stormwater management plan, provide a landscaping and lighting plan that adequately screens the parking lot from Rt. 20. Suggestions: provide a phased banked parking plan that reduces the proposed spaces but can provide additional parking based on future tenant needs, a traffic study should be considered for any change in use/tenancy that requires banked parking areas to be converted."
The Town Planner had the following comments: "The applicant is requesting a special use permit to allow the construction of a 10,000sf two-story office building. The parcel is 1.2 wooded acres with a high point near the middle and then sloping down toward Western Avenue and in the rear toward the golf course. When this land was subdivided in 1988 by Paul Wein to create the present law office, a joint access and a sidewalk across the entire property were conditions of approval. I have the following comments:
- Joint access is shown which eliminates the need for an additional curb cut.
- A sidewalk is shown, but only on the 2390 parcel. The sidewalk should be installed across both properties as was the condition of subdivision approval.
- The plan shows all required parking, but the applicant is requesting some parking be banked. This will become a green island in the rear parking lot.
- It would be preferable to have all parking in the rear.
- A clearing and grading plan should be submitted along with stormwater management plans.
- A landscape plan should be submitted.
- No elevations have been submitted but the architecture should be consistent with the historic hamlet as recommended by the recently completed Guilderland Hamlet master plan.
No objection to site plan approval."
Troy Miller, applicant, presented the case. Mr. Miller stated that he would be occupying about a third of the building.
Chairman Barber asked about the shared driveway.
Mr. Miller stated that the current driveway is 30' wide and there are only 12 parking spots next door so he did not feel that there would be much of a traffic impact.
Chairman Barber asked Mr. Miller if he had any concerns with cars taking a left out of the property during rush hour.
Mr. Miller replied that he thinks in the future something will be done to that area for the traffic flow.
Chairman Barber asked why a sidewalk had never been put in on the adjacent property.
Mr. Miller replied that it was just never followed through with, but he had spoke to the property owner and they will be putting in sidewalks together.
Chairman Barber asked what the Guilderland Hamlet Associations view was of the project.
Mr. Miller replied that they were excited about making that area become viable and they were happy about his plans.
Mr. Miller submitted drawings of the styles of lighting that will be used.
Chairman Barber asked if a landscaping plan had been submitted.
Mr. Miller replied that the landscaping was labeled on the site plan as well as the lighting.
Sharon Cupoli asked about the height of the lighting poles.
Chairman Barber stated that there is better to have more lights at a lower height than it is to have fewer lights at a greater height.
Mr. Miller replied that based on the style of the lights they would most likely be 10' to 12' high.
Chairman Barber asked if he had developed any specific easement language between himself and Mr. Wein as to access to the driveway.
Mr. Miller replied that his attorney has spoke to Paul Wein regarding the easement language.
There was discussion regarding the banked parking plan.
Chairman Barber asked if there would be reciprocal parking arrangements made with Mr. Wein.
Mr. Miller stated there would not.
Sharon Cupoli asked if he had any tenants for the other 2/3 of the building at this point.
Mr. Miller stated that he has talked to a few people but nothing definite yet. Mr. Miller stated that his hope it to try and create a small real estate center such as a builder, an engineer, a surveyor, etc.
Chairman Barber asked if there were any questions or comments from the residents. There were none.
Chairman Barber stated that they would like the TDE to review the stormwater management plan, the lighting plan, the landscaping, assess the internal traffic flow, and the sight lines.
Tom Remmert suggested the TDE review the driveway for emergency access.
Chairman Barber made a motion to appoint Delaware Engineering as the TDE to address the previous issues and to continue the hearing until December 5, 2007.
Motion seconded by Sharon Cupoli. Vote 7 – 0.
OTHER:
The Board approved the minutes of 8/15/07 and 10/03/07.
SIGNS:
The Board approved a temporary sign for 3 days at Fancy Schmancy at 1800 Western Avenue. Vote 7 – 0.
The Board approved a 48sf freestanding identification sign for Rehabilitation Support Services at 5172 Western Turnpike. Vote 7 – 0.
The meeting adjourned at 9:30pm.
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