TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
NOVEMBER 7, 2007
Members Present Members Absent:
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Peter Barber, Chairman Sharon Cupoli Chuck Klaer Mike Marcantonio Susan Macri Allen Maikels Tom Remmert, Alternate Janet Thayer, Counsel James Sumner
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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 SHABBOS HOUSE – 320 FULLER ROAD
Chairman Barber stated that since the last hearing, the Board has received the following: revised site plans with details of a lighting plan, an updated stormwater management report dated October 10, 2007, a series of letters between Hershberg and Hershberg and the TDE, some letters from Mr. Hershberg addressing some concerns that were raised at the last hearing and a letter from Boswell Engineering dated October 26, 2007 which summarizes their views and opinions regarding their review of the site plan and the stormwater management report.
Mr. Hershberg stated that since the last meeting, there have been some changes made to the stormwater management plan after meeting with Don Cropsey and the TDE. Mr. Hershberg stated that they also modified the lighting plan and changed the swale around the side of the building.
Chairman Barber asked if their stormwater management system would alleviate some of the water that is coming from the north side.
Mr. Hershberg replied yes and the stormwater report explains how. Mr. Hershberg stated that they would be intercepting all the stormwater coming from north of the property into their system and reduce the maximum level by about 2.5".
Chairman Barber asked if there would be any additional cooking going on in the building other than the Rubin's residence.
Mr. Hershberg replied that the major cooking that goes on in the facility is on Friday evening; there is no frying going on, it is primarily baking and broiling. Mr. Hershberg stated that there is an exhaust fan up above the first floor level that will exhaust it out the side. Mr. Hershberg stated that the kitchens are not much larger than a residential kitchen.
Chad Cooke, TDE, summarized his findings. Mr. Cooke stated that the proposed recharge basin is acceptable for this project.
Chairman Barber asked Mr. Cooke if he felt that this recharge system could alleviate to a certain extent the water flowing from the north to the south.
Mr. Cooke replied that it definitely has that potential.
Chairman Barber asked if there were any questions or comments from the residents.
Sue Brown of Westlyn Place was concerned about the runoff from the roof and the holding basin under the concrete slab.
Don Reeb, President of the McKownville Improvement Association, voiced his objections to the size and location of the building. Mr. Reeb submitted a letter to the Board from Jean Champagne, adjacent neighbor of the Shabbos House in which she stated her objections and concerns. Mr. Reeb submitted a petition from numerous residents close to the proposed Shabbos House. Mr. Reeb discussed the parking needs. Mr. Reeb also had concerns regarding the stormwater system.
Todd Hurwit of 2 Mercer Street stated that the neighbors that he has spoken to have no objections to the Shabbos House.
Mendel Rubin of 316 Fuller Road stated that they need a building this size to accommodate the number of people attending the Shabbos House on special occasions. Mr. Rubin stated that there are only approximately 20 times a year when they have the peak number and most events they have far less people than that. Mr. Rubin also discussed the parking and said that there has never been a parking problem there since 1976.
Jenna Friedman, a student at the University at Albany spoke in favor of the project.
Andrea Valente of Parkwood Street voiced her concerns on the look of the building, the lighting on the back of the building and the possibility of overnight guests.
Mr. English of 319 Fuller Road stated he has never seen a problem with the parking at Shabbos House in the past 25 years and encouraged the Board to grant the variance.
Martha Harausz of 1445 Western Avenue had concerns about what would happen with the building and property once Shabbos House no longer is there.
A resident of the University at Albany spoke in favor of the project.
Mr. Hershberg addressed some of the concerns of the residents. Mr. Hershberg stated that the recharge basin is now in back of the patio, stated that the parking is adequate for this project, talked about the proximity of the University of Albany to the site and stated that there would be no overnight guests other than friends or family of the Rubins.
Don Reeb stated that he felt that the commissary parking lot should be included in the EIS.
Cindy Peasley of 44 Providence Street spoke in favor of the project.
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 careful review of this application to determine whether the granting of the parking variance and special use permit for the construction of a Shabbos House at 320 Fuller Road would have a significant negative impact upon the environment. This review consisted of the applicant's submission of the Short Environmental Assessment Form, the comments provided to us by the Albany County Planning Board, the Town Planner, the Town Planning Board and the comments provided to us by the TDE. Based upon our review and the comments provided at the public hearings and the conditions to be imposed, this Board moves that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 3803
Request of Israel Rubin of Chabad Center for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the construction of a two story religious center on a 0.57 acre parcel of land. This project will entail the demolition of an existing single-family home and the construction of a 7 car parking area. Variances are requested from providing required parking spaces as outlined in the Zoning Law.
Per Articles III, IV & V Sections 280-14, 280-25 and 280-51 & 52 respectively
For property owned by Chabad Center
Situated as follows: 320 Fuller Road Albany, NY 12203
Tax Map # 52.16-3-14 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 19th of September, 2007 at the Guilderland Town Hall beginning at 7:30pm.
This decision is based upon the following findings of fact:
1. Public notice of this application was published and supplemented by a mailing of notice to residents within 500 feet of the property.
2. Extensive public hearings were held on this application. Numerous residents spoke in favor and against the proposal. Several residents also provided letters in favor and opposition to the request.
3. The Town Planning Board’s site plan review was a recommendation with conditions and suggestions regarding stormwater management and sidewalks.
4. The Town Planner noted the Board’s consideration of sidewalk and size of the building issues.
5. The Albany County Planning Board’s notification recommended site plan changes to reduce any impacts upon neighboring properties.
6. This Board adopted a negative declaration for this Unlisted Action by a unanimous vote.
7. The proposed use involves a religious institution and a residence for a rabbi and his family. A religious institution is one of few non-residential uses allowed in a residential zone. Virtually all religious institutions in the Town are located in or adjacent to residential zones. Court decisions hold that the Zoning Code’s listing of a particular use as a special use is tantamount to a finding that the proposed use is consistent with the character of the surrounding neighborhood.
8. Case law also states that greater flexibility is required in evaluating an application for a religious use than an application for another use and every effort to accommodate the religious use must be made. A federal statute on religious practice also encourages the board’s favorable consideration of religious institutions in light of the benefit that they provide to the public.
9. The Zoning Code does not place any limitation upon the size of the religious institution or require a minimum lot size. Nearly all of the religious institutions in the Town are many times larger than nearby houses. The application does not require a variance from any setback, green space, or any other dimensional or area requirement.
10. Since the submission of the original application, the applicant has reduced the size of the building, reduced width of the building, added architectural features, and modified the facade to provide a more residential appearance. More landscaping was also added.
11. In granting this application, the Board relies upon the applicant’s representations in its narrative and at the public hearing that there are only about 20 events each attended by more than 70 persons, with no such events in January, June, July and August, and that the frequency and intensity of such past use will not increase at the new location.
12. The application and the public hearing has also raised concerns regarding stormwater management and parking variance. With regard to stormwater management, the applicant examined several stormwater designs, including using Albany County’s public system on Fuller Road and the University at Albany’s on-site system. Both alternatives were rejected by the system owners. A third redesign, this time using a detention basin and sump pump to regulate discharges, was again rejected by the County.
13. As a result, the applicant has turned to an on-site stormwater management system which includes a groundwater recharge basin and a stormwater management practice plan. In a letter dated October 26, 2007, Boswell Engineering, the Town’s designated engineer, advised the Board that the proposed plan accommodates the 100 year storm event and is an acceptable stormwater management plan.
14. With regard to parking, in 1976, this Board granted Shabbos House a parking variance at its current location which is two lots away. The reason cited for the variance was the fact that the Shabbos House is an Orthodox Jewish facility whose adherents would walk to events. Also, the overwhelming majority of people visiting the facility are University at Albany’s students who have walked to the facility for 30 years. The Town Planner noted that parking would not be an issue. Over the past 30 years, the Town has not received any complaints regarding parking problems. To address the need for pedestrian access to the facility, the plans provide for the potential construction of sidewalk from the University entrance
to this property. Case law has upheld the granting of a parking variance for a Shabbos House at another location given the prohibition on adherents driving to the facility for religious services
15. In a letter dated November 2, 2007, Kathryn Lowery, the University at Albany’s Vice-President of Finance & Business has authorized the use of 30 parking spaces in the Commissary Lot for use by Shabbos House on Monday through Friday after 5:00 PM and on weekends.
16. Given the unique nature of this religious institution and the lack of any parking complaints for 30 years, the Board finds that the six available parking spaces, as supplemented by the University parking, appear adequate for the intended religious use and the parking variance should be granted.
The Board imposes the following conditions:
(A) Adherence to the representations made by the applicant and its representatives in the narrative and public hearing regarding the activities and frequency of large gatherings at the facility.
(B) Adherence to Hershberg & Hershberg’s site plans, lighting plan, and detail sheets dated August 13, 2003, last revised on November 5, 2007. The lighting plan is modified to change the 12 feet high lighting poles in the rear to 10 feet or less, in a residential style, as determined by the Zoning Administrator.
(C) Adherence to Hershberg & Hershberg’s Stormwater Management Report dated March 28, 2005, last revised on October 10, 2007.
(D) Compliance with the comments provided in Boswell Engineering’s letter dated October 26, 2007.
(E) Retention of Boswell Engineering to monitor and approve the construction of the stormwater management as consistent with the submitted plans.
(F) Submission of an annual statement to the Town that the stormwater management system has been inspected and that the stormwater management maintenance plan has been fulfilled.
(G) Board reserves the right to revisit the parking variance if there are any meritorious complaints of parking problems.
(H) As noted by the Albany County Planning Board, assessment of highway access by the Albany County Department of Public Works is required.
(I) Prior to the issuance of a Certificate of Occupancy, the installation of a 5 foot concrete sidewalk from the University entrance to and across the subject property unless the County of Albany undertakes to provide the same pedestrian improvements on Fuller Road.
(J) Construction hours shall be Monday through Friday from 7AM - 6PM.
(K) The non-residential cooking facilities shall be odor-free as determined at the property line.
(L) Albany County Department of Health’s review and approval of the non-residential cooking facilities if required.
(M) As provided in the prior variance, no overnight guests except those in the residence.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this parking variance and special use permit are not exercised within one year of the filing of this decision, the variance and special use permit are revoked in their entirety.
Motion seconded by Al Maikels. Vote 7 – 0. (Sumner absent, Remmert alternate)
MATTER OF MARTIN CAPULLO – 37 JEAN PLACE
Chairman Barber stated that this is a continued case from last meeting. The applicant had agreed at the end of the last meeting to eliminate the side yard variance which would increase the front yard variance.
There was discussion regarding the landscaping between their parcel and the Devito's property.
Chairman Barber stated that this is a corner lot which has two front yards.
Chairman Barber asked if there were any questions or comments from the residents.
Michael Gourlay of 6282 Empire Avenue stated that with the revisions that the applicant has made, he is in favor of the application. Mr. Gourlay stated that there is no opposition from any of the neighbors that he has spoken to.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
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 new single family home with a 14' variance from the 35' front yard setback
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
Zoned: R15
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held this evening. This is a revised plan and one neighbor spoke in favor of the application.
The Town Planner had no objections.
As originally proposed, the application would have required both a side yard variance and a front yard variance. The revised application has eliminated the side yard variance by shifting the house toward the street.
The Board notes that this is a corner lot which has two front yard setbacks.
The house will still set 46' away from the edge of the pavement.
The applicant has proposed spruce tree screening on both the side yard and the rear of the property to further reduce any impacts particularly with regard to the granting of this front yard variance.
The granting of this variance will not have any negative impact 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 limited to the following: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
The covenants if filed, shall be applicable.
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. (Sumner absent, Remmert alternate)
MATTER OF JAMES LUTHER – 4 IDA LANE
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. 4049
Request of James Luther for a Variance of the regulations under the Zoning Law to permit: the construction of a 10' x 12' single-story addition to the rear of an existing single-family home. A 35' rear yard setback is required; 27' is proposed, a variance of 8' is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by James Luther
Situated as follows: 4 Ida Lane Schenectady, NY 12303
Tax Map #15.14-2-66 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of November, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 29, 2007"
The file consists of the mailing list to 43 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, Albany County Planning Board's notification of 10-18-07, a narrative and a site plan showing the location of the proposed addition.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a residential addition that will encroach 8' into the required rear yard setback. No planning objections."
Albany County Planning Board's notification of 10-18-07 was to defer to local consideration.
Jim Luther, applicant, presented the case.
Chairman Barber stated that this was a rear yard variance because that was where his existing kitchen was located.
Chairman Barber asked if he had talked to any of his neighbors regarding the application.
Mr. Luther stated that he was not aware of any concerns from neighbors.
Don Cropsey stated that this was an irregular shaped lot and he was pretty constricted.
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. (Sumner absent, Remmert alternate)
Chairman Barber made a motion to approve:
Variance Request No. 4049
Request of James Luther for a Variance of the regulations under the Zoning Law to permit: the construction of a 10' x 12' single-story addition to the rear of an existing single-family home. A 35' rear yard setback is required; 27' is proposed, a variance of 8' is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by James Luther
Situated as follows: 4 Ida Lane Schenectady, NY 12303
Tax Map #15.14-2-66 Zoned: R15
This decision is granted upon the following findings of fact:
A public hearing was duly noticed. 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 Albany County Planning Board's determination was to defer to local consideration.
The proposed variance will allow an addition to this single family residence necessary for a kitchen enlargement.
The proposed location at the rear of the house is the only practical location for the expansion of the kitchen.
Only part of the addition falls outside the building envelope.
The Board finds that given the irregular shape of the lot and the circumstances of the lot that the granting of this variance will not cause an undesirable impact upon the quality or character of the neighborhood.
Fencing in the rear of the property provides a visual barrier.
In granting this decision, the Board imposes the following conditions.
Adherence to the plans as submitted.
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.
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. (Sumner absent, Remmert alternate)
MATTER OF KAREN NEIL – 14 MORNINGSIDE DRIVE
Tom Remmert 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. 4055
Request of Karen Neil for a Variance of the regulations under the Zoning Law to permit: the construction of a single-story kitchen addition in a required front yard on a corner lot. A 35'0" front yard setback is required along each street side on corner lots; a 29'0" setback is proposed along one street, a 6'0" variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Karen Neil
Situated as follows: 14 Morningside Drive Schenectady, NY 12303
Tax Map #39.06-2-22 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of November, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 29, 2007"
The file consists of the mailing list to 27 neighboring property owners, the Town's required forms for an area variance, a narrative, the Town Planners comments and a drawing showing the proposed addition.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a residential addition that will encroach 6' into the required front yard setback on a corner lot. No planning objections."
Karen Neil, applicant, presented the case.
Chairman Barber stated that this was a corner lot and even with this variance there would still be over 40' from the edge of the pavement.
Chairman Barber asked if the addition would be constructed of the same materials as the current house.
Ms. Neil stated that was correct.
Chairman Barber asked if any of the neighbors had any concerns.
Ms. Neil responded that everyone she had spoken with was in favor of it.
Ms. Neil showed the Board a sketch of the proposed addition added onto 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. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4055
Request of Karen Neil for a Variance of the regulations under the Zoning Law to permit: the construction of a single-story kitchen addition in a required front yard on a corner lot. A 35'0" front yard setback is required along each street side on corner lots; a 29'0" setback is proposed along one street, a 6'0" variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Karen Neil
Situated as follows: 14 Morningside Drive Schenectady, NY 12303
Tax Map #39.06-2-22 Zoned: R20
This decision is granted upon the following findings of fact:
A public hearing was duly noticed. 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 finds that this is a corner lot with two 35' front setbacks.
The proposed addition on the Morningside Drive side even if granted will rest 44' from the street.
The proposed addition will be of consistent style and will be as attractively designed as the existing house.
The variance will allow for the expansion of a kitchen and dining area.
There does not appear to be any other suitable means of providing for the expansion of the kitchen in light of the existing kitchen within the house.
The granting of this variance will not cause an undesirable impact upon the quality or character of the neighborhood.
In granting this decision, the Board imposes the following conditions.
Adherence to the building plans as submitted which indicates that the construction shall be the same type of materials as the existing house.
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.
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. (Sumner absent, Remmert alternate)
MATTER OF DAVID FUSCO – 3770 CARMAN ROAD
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. 4050
Request of David Fusco for a Special Use Permit under the Zoning Law to permit: the use of an existing 1750sf retail space as a nail salon. All site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property owned by Carman Realty LLC
Situated as follows: 3770 Carman Road Schenectady, NY 12303
Tax Map #27.19-3-42.1 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of November, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 29, 2007"
The file consists of the mailing list to 42 neighboring property owners, the Town's required forms for this special use permit, a Short Environmental Assessment Form, the Town Planning Board's site plan review, the Town Planners comments, Albany County Planning Board's recommendation of 10-18-07 and a project narrative.
The Town Planning Board's site plan review of 10-24-07 was to recommend without any suggestions or conditions.
Albany County Planning Board's recommendation of 10-18-07 was to defer to local consideration.
The Town Planner had the following comments: "The applicant has requested two special use permits; one for a nail salon and one for a card and gift shop to be located in the Carman Plaza. No site changes are anticipated and the plaza has good traffic circulation and adequate parking. No planning objections."
David Fusco, applicant, and Tiffany, proprietor of the store, presented the case. Mr. Fusco stated that they were reconfiguring the old Dollar General space to a 1750sf nail salon. Mr. Fusco stated that the proposed hours of operation are within the hours of their special use permit. Mr. Fusco stated that there would only be one or two employees with a possibility of adding one down the road.
Chairman Barber asked what the hours of operation would be.
Tiffany stated that the hours would be from 10am to 8pm from Monday – Saturday and be closed on Sunday.
Chairman Barber asked about possible odors from the salon.
Mr. Fusco replied that there would be an exhaust fan vented out of the back of the building.
Chairman Barber asked Don Cropsey if there have ever been any problems with odors from any nail salons.
Don Cropsey replied the complaints he has received have been from Crossgates Mall but the current building code does address that and there are some requirements for exhaust fans but that would be taken care of in the building permit process.
Chairman Barber asked how frequently there would be deliveries.
Tiffany replied only a few deliveries a month.
Sharon Cupoli asked about the number of employees.
Tiffany replied that they would start out with two but the absolute maximum down the road would be six.
Chairman Barber stated that parking would not be an issue.
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 Tom Remmert. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of the application to determine whether the granting of this special use permit for a 1750sf nail salon at Carman Plaza will have a substantial negative impact upon the environment. This review consisted of the comments provided to the Board by the Town Planning Board, the Town Planner, the Albany County Planning Board who all noted no objections with regard to this request. Based upon the public hearing held this evening and a review of the application and comments provided I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 – 0. ( Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4050
Request of David Fusco for a Special Use Permit under the Zoning Law to permit: the use of an existing 1750sf retail space as a nail salon. All site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property owned by Carman Realty LLC
Situated as follows: 3770 Carman Road Schenectady, NY 12303
Tax Map #27.19-3-42.1 Zoned: LB
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 the application.
This Board adopted a negative declaration by a unanimous vote.
In a notification on 10-18-07, the Albany County Planning Board recommended deference to local consideration.
In a site plan review dated 10-24-07, the Town Planning Board recommended without any conditions or suggestions.
The Town Planner had no objections.
The Board further finds that a nail salon is a special use in a Local Business zone.
All site conditions were previously reviewed and approved by this Board.
There is adequate parking on site.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted as to the location of the nail salon.
Hours of operation shall be Monday – Saturday from 10am to 8pm.
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. (Sumner absent, Remmert alternate)
MATTER OF DAVID FUSCO – 3770 CARMAN ROAD
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. 4051
Request of David Fusco for a Special Use Permit under the Zoning Law to permit: the use of an existing 1750sf retail space as a card and gift shop. All site characteristics have been previously reviewed and approved for this existing shopping plaza.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property owned by Carman Realty LLC
Situated as follows: 3770 Carman Road Schenectady, NY 12303
Tax Map #27.19-3-42.1 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of November, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 29, 2007"
The file consists of the mailing list to 42 neighboring property owners, the Town's required forms for this special use permit, a Short Environmental Assessment Form, the Town Planning Board's site plan review, the Town Planners comments, Albany County Planning Board's recommendation of 10-18-07 and a project narrative.
The Town Planning Board's site plan review of 10-24-07 was to recommend without any suggestions or conditions.
Albany County Planning Board's recommendation of 10-18-07 was to defer to local consideration.
The Town Planner had the following comments: "The applicant has requested two special use permits; one for a nail salon and one for a card and gift shop to be located in the Carman Plaza. No site changes are anticipated and the plaza has good traffic circulation and adequate parking. No planning objections."
David Fusco, applicant, and Robin Martin, proprietor, presented the case. Mr. Fusco stated this would be a 1750sf card and gift shop. Mr. Fusco stated that the hours of operation would be from 9am to 7pm from Monday – Saturday. There will UPS and Federal Express deliveries and there would be one full time and one part time employee.
Chairman Barber asked Ms. Martin if those hours of operation were okay.
Ms. Martin replied that a possible Sunday near the holidays might be possible.
Chairman Barber asked how frequent the deliveries would be.
Ms. Martin stated approximately every other day but possibly more during the holidays.
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 Tom Remmert. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of the application to determine whether the granting of this special use permit for a 1750sf card and gift shop at Carman Plaza will have a substantial negative impact upon the environment. This review consisted of the comments provided to the Board by the Town Planning Board, the Town Planner, the Albany County Planning Board who all noted no objections with regard to this request. Based upon the public hearing held this evening and a review of the application and comments provided I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 – 0. ( Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4051
Request of David Fusco for a Special Use Permit under the Zoning Law to permit: the use of an existing 1750sf retail space as a card and gift shop. All site characteristics have been previously reviewed and approved for this existing shopping plaza.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property owned by Carman Realty LLC
Situated as follows: 3770 Carman Road Schenectady, NY 12303
Tax Map #27.19-3-42.1 Zoned: LB
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 the application.
This Board adopted a negative declaration by a unanimous vote.
In a notification on 10-18-07, the Albany County Planning Board recommended deference to local consideration.
In a site plan review dated 10-24-07, the Town Planning Board recommended without any conditions or suggestions.
The Town Planner had no objections.
The Board further finds that a card and gift shop is a special use allowed in as LB zone.
All site conditions were previously reviewed and approved by this Board.
There is adequate parking on site.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted as to the location of the gift and card shop.
Hours of operation shall be Monday – Sunday from 9am to 7pm.
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. (Sumner absent, Remmert alternate)
MATTER OF CLEARWIRE US, LLC – 37 WILLEY 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:
Special Use Permit Request No. 4053
Request of Steven Elsbree as Agent for Clearwire US LLC for a Special Use Permit under the Zoning Law to permit: the collocation of telecommunication antennas on an existing municipal water tower. Also included is the placement of a 7' x 7' equipment cabinet at the base of the tower.
Per Articles IV & V Sections 280-37 and 280-52 respectively
For property owned by Town of Guilderland
Situated as follows: 37 Willey Street Albany, NY 12203
Tax Map #52.09-4-1 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of November, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 29, 2007"
The file consists of the mailing list to 46 neighboring property owners, an application for the collocation of antennas and lease of space on the water tank at 37 Willey Street, a number of attachments to the application, a communication site lease agreement for the water tank, a report on 10-31-07 from Boswell Engineering regarding their review of the proposal, a document from Clearwire Wireless Broadband entitled Evaluation of Compliance with Guidelines for Human Exposure to Radio Frequency Radiation, a letter from the Murray Law Firm which provides responses to Boswell Engineering's report with several attachments.
Jacqueline Phillips Murray, attorney for Clearwire US, LLC presented the case. Ms. Phillips Murray stated that Clearwire is a wireless broadband internet provider and they propose to install three antennas on the existing water tank on Willey Street. The installation will not increase the height of the facility and will not require any attachments to the structure itself which would impair its integrity. Clearwire proposes to attach its wireless antennas to three of the legs of the existing water tank.
Chairman Barber asked if this application fell under the Telecommunications Act of 1996.
Ms. Phillips Murray replied that this application is for a technology that is considered the fourth generation of wireless technology in that it provides wireless broadband internet services and in her opinion does fall under the Telecommunications Act of 1996.
Ms. Phillips Murray stated that the installation would be considered minimal. The antennas consist of a panel antenna that is 3.5' in length and 6" in width and 3" in depth, and a microwave antenna would be from 15" to 26" in diameter; and there are three sets of these. The ground equipment consists of a 6' by 3' platform on which an equipment cabinet would be placed which is about the size of a refrigerator. There is no land disturbance required other than to route the coaxial cables that are coming down from the antennas on the legs underground to get to the equipment pad.
Chairman Barber asked about the cumulative effect of the radio frequency emissions.
Ms. Phillips Murray stated that the FCC regulates the radio frequency emissions from Clearwire's facilities. Ms. Phillips Murray stated that at Willey Street there was a report prepared by a professional engineer which states that the cumulative rf emissions is 1.95% of the maximum permissible under FCC regulations.
Chairman Barber asked if this might be categorically excluded.
Ms. Phillips Murray stated that the FCC has determined that certain wireless technologies would be categorically excluded from having to go through further analysis for studying their emissions because they have already been deemed to be compliant and that is the case here.
Ms. Phillips Murray stated that there is no lighting involved with any of the proposed improvements.
Chairman Barber asked what the function of the microwave antenna was.
Ms. Phillips Murray stated the function was to backhaul the communication that you would otherwise use via a traditional telephone or DSL line.
Steve Elsbree of Clearwire stated that the microwaves are the network connection from facility to facility.
Chairman Barber asked if there were any questions or comments from the residents.
Liesse Mohr of 56 Gipp Road had concerns regarding the emissions, the real need for Clearwire's service in this area, concerns on cell towers located in residential zones, field studies and the noise.
Sue Brown of Westlyn Place spoke about the field studies.
Ms. Phillips Murray stated that they had submitted propagation maps that illustrate the need for this service in the area. The base equipment does have a HVAC built into it, so there is some noise associated with that.
Chairman Barber asked what a field study would entail.
Steve Elsbree stated that Clearwire would agree to do a pre and post installation field study of the cumulative effects of the radio frequency emissions.
Don Lee, engineer from Clearwire explained how they would conduct the pre and post installation study.
Chuck Klaer asked if there were a maximum number of antennas that this tower could hold.
Chad Cooke stated that from a structural perspective, the tower could hold more antennas.
Tom Remmert asked if this was a cellular phone service.
Ms. Phillips Murray replied that it is not; it is a wireless internet service that does have a communications component.
Tom Remmert stated that he was not sure whether this microwave link separate as opposed to providing the local wireless service.
Ms. Phillips Murray stated that the microwave links have always been treated as part of the entire facility because they were necessary to have the facility itself work.
Chairman Barber made a motion to continue the hearing to December 5, 2007 to give the TDE to review the cumulative radio frequency analysis to confirm the math and to work with the applicant on different location or locations where a field study might be conducted. Motion seconded by Al Maikels. Vote 7 – 0. (Sumner absent, Remmert alternate)
MATTER OF CLEARWIRE US, LLC. – 3045 LONE PINE 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 IV & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4054
Request of Steven Elsbree as Agent for Clearwire US LLC for a Special Use Permit under the Zoning Law to permit: the collocation of telecommunication antennas on an existing municipal water tower. Also included is the placement of a 7' x 7' equipment cabinet at the base of the tower.
Per Articles IV & V Sections 280-37 and 280-52 respectively
For property owned by Town of Guilderland
Situated as follows: 3045 Lone Pine Rear Schenectady, NY 12303
Tax Map #27.06-1-63 Zoned: RO30
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of November, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 29, 2007"
The file consists of the mailing list to 62 neighboring property owners, the Town's required forms for a special use permit for collocation on the water tower, a Short Environmental Assessment Form, Albany County Planning Board's notification, communication from the TDE, a proposed lease agreement between the Town of Guilderland and the applicant, a document from Clearwire Wireless Broadband entitled Evaluation of Compliance with Guidelines for Human Exposure to Radio Frequency Radiation, and a letter from Murray Law Firm addressing Boswell Engineering's concerns.
Albany County Planning Board's notification was to defer to local consideration with the following advisory: recommend that notification of this application should be provided to any municipality in the effective service area of proposed facility in order to facilitate inter-municipal coordination and potential collocation of future telecommunication facilities.
Jacqueline Murray Phillips of the Murray Law Firm presented the case. Ms. Murray Phillips stated that this application was very similar to the Willey Street application. This application proposed three panel antennas and three microwave antennas mounted at 76' and 80' respectively with coaxial cable running down the legs of the tower underground to the proposed equipment area. Ms. Phillips Murray stated that the height is different on this application because the height of the existing structure is different but otherwise all of the other factual statements with regard to the prior application are identical.
Chairman Barber asked about the cumulative analysis.
Ms. Phillips Murray stated that it meets a small percentage of the threshold and believes it is also categorically excluded.
Chairman Barber asked if there were any questions or concerns from the residents.
Allen Watts of 3015 Patrick Road asked about possible pre and post cumulative effect studies done for this site also, and had concerns regarding the safety of locating antenna in the vicinity of residential areas and the elementary school.
Chairman Barber stated that the applicant had agreed to do a field study for the other application, so there is a possibility that they might be willing to do it again for this site.
Sue Brown of Westlyn Court questioned the need for the proposed quantity of panels and microwaves.
Chairman Barber asked the applicant if they would be willing to do both pre and post cumulative effect studies for this site also.
Ms. Phillips Murray replied that they would be willing to do that at this site also.
Chuck Klaer asked about the microwave antennas.
Steve Elsbree replied that the microwaves are a point-to-point specific location and need to be set up to be a clear shot so they are not "beaming out".
Chairman Barber made a motion to continue the application to December 5, 2007 to give the TDE a chance to review the radio frequency analysis. Motion seconded by Sharon Cupoli. Vote 7 – 0. ( Sumner absent, Remmert alternate)
MATTER OF CLEARWIRE US, LLC. – 4 TOWER PLACE
Al Maikels 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:
Special Use Permit Request No. 4052
Request of Steven Elsbree as Agent for Clearwire US LLC for a Special Use Permit under the Zoning Law to permit: the placement of telecommunication antennas and a 7' x 7' equipment cabinet on the rooftop of an existing office building located in Executive Park.
Per Articles IV & V Sections 280-37 and 280-52 respectively
For property owned by Stuyvesant Plaza, Inc.
Situated as follows: 4 Tower Place Albany, NY 12203
Tax Map #52.04-2-1 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of November, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: October 29, 2007"
The file consists of the mailing list to 45 neighboring residents, the Town's required forms for this special use permit for the placement of antenna on 4 Tower Place, a letter from Boswell Engineering reviewing the application, a right of entry agreement between Clearwire US LLC and Stuyvesant Plaza, Inc., and a letter from the Murray Law Firm responding to the TDE's letter.
Jacqueline Phillips Murray stated that these antennae would be placed on the rooftop at 4 Tower Place as illustrated in the site plans.
Chairman Barber asked if there were any concerns to anyone possible living or working in close proximity to the antennas.
Ms. Phillips Murray stated that there are different standards for proximity based upon people that are just members of the general public outside of the controlled area.
Mr. Elsbree stated that the antennas are above the existing roof and on the outside perimeter of the existing rooftop.
Chairman Barber asked if Stuyvesant Plaza had asked for any certification that the antennas are not causing any problems for them.
Ms. Phillips Murray stated that Stuyvesant Plaza had not raised any concerns for the building's employees as far as she knew.
Tom Remmert asked about possible concerns for the fire department to move around on the roof.
Mr. Elsbree replied that there are not many cable raceways on the actual walking portion of the roof, they all ride around the outside of the penthouse.
Chairman Barber asked if there were any issues regarding the ice and wind loads on this application.
Chad Cooke from Boswell Engineering stated that he asked for more information regarding ice and wind loads as well as the nature of the skeletal framing of the building and stated that he understood that information will be supplied to him soon.
Chairman Barber asked if there were any questions or comments from the residents. There were none.
Chairman Barber made a motion to continue the hearing until December 5, 2007 to give the TDE a chance for final review and for final decision. Motion seconded by Sue Macri. Vote 7 – 0. (Sumner absent, Remmert alternate)
OTHER:
The Board approved the minutes of December 5, 2007.
SIGNS:
The Board approved a 39.8sf building mounted sign for the Pottery Place at Stuyvesant Plaza. Vote 7 – 0. (Sumner absent, Remmert alternate)
The Board approved two signs for Farmers Feed and Tractor Supply at 2337 Western Avenue totaling 35sf. Vote 7 – 0. (Sumner absent, Remmert alternate)
The Board approved a 23sf sign for Hippos at Stuyvesant Plaza. Vote 7 – 0. (Sumner absent, Remmert alternate)
The Board denied a banner for Jiffy Lube at 2067 Western Avenue as it does not comply with the requirements for a temporary banner. Vote 7 – 0. (Sumner absent, Remmert alternate)
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