TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JUNE 6, 2007
Members Present Members Absent:
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Peter Barber, Chairman Patricia Aikens Sharon Cupoli Chuck Klaer Mike Marcantonio Susan Macri 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 PAOLO CALIFANO - 22 BROOKVIEW DRIVE
Chairman Barber stated that this case was continued to give the applicant a chance to work with Don Cropsey to see if he could relocate the shed.
Chairman Barber stated that Mr. Califano and Mr. Cropsey had met on site and Mr. Califano had agreed to move the shed further back.
Chairman Barber asked Mr. Califano if he was happy with the proposed placement of the shed.
Mr. Califano replied that he was.
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. 4008
Request of Paolo Califano for a Variance of the regulations under the Zoning Law to permit: the placement of two storage sheds and a swimming pool within a side yard.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Paolo Califano
Situated as follows: 22 Brookview Drive Schenectady, NY 12303
Tax Map #28.05-1-3 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of May, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 24, 2007
The Board makes the following findings of fact:
A public hearing was duly noticed and held on May 2, 2007 and again this evening. One provided comments to the Board in favor of the application.
Albany County Planning Board's notification was to defer to local consideration.
The Town Planner had the following comments: "The applicant has applied for area variances for two sheds and a pool that are located in a side yard. I could see no site limitations that would restrict these structures being properly placed in the rear yard."
The Board further finds that the applicant has agreed to relocate the one shed so it is aligned with the other shed.
The Board finds that the relocated shed will not be visible from other residences on Brookview Drive. The property is also nearby the New York State Thruway and is bordered by a driveway to lots with proposed building envelopes far from the applicant's sheds. As a result, the granting of this variance will not have a negative impact upon the quality and character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Relocation with the shed as discussed with the Zoning Administrator so that they are in alignment with each other.
Installation of appropriate landscaping as determined by the Zoning Administrator no later than October 1, 2007.
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)
NEW CASES:
MATTER OF MONTE BERNARD - 3526 CARMAN ROAD
Chairman Barber stated that he understood that the applicant was contemplating withdrawing the application so the Board continue the hearing for two weeks.
MATTER OF JOHN HAWLEY - 4 WORTHINGTON 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:
Variance Request No. 4012
Request of John and Pamela Hawley for a Variance of the regulations under the Zoning Law to permit: the placement of a 12' x 16' storage shed within a required front yard on this corner parcel of land. Proposed shed will be placed within 18' of the front property line.
Per Articles IV & V Sections 280-34 and 280-51 respectively
For property owned by John and Pamela Hawley
Situated as follows: 4 Worthington Road Schenectady, NY 12303
Tax Map #15.09-1-6 Zoned: R40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of June, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 29, 2007"
The file consists of the mailing list to 32 neighboring property owners, the Town's required forms for this area variance, a narrative, the Town Planners comments, a letter signed by three neighboring property owners saying they have no objection to the shed as proposed, a communication by e-mail from the Homeowners Association and some photos of the property.
The Town Planner had the following comments:
"The applicant has requested an area variance to place a large shed in the front yard setback of this corner lot. The shed would be located outside the existing fence line. The proposed placement does not impede sight distance but would be very awkward because it would encroach into the front yard sight lines of all houses that front Remmington Road. I think that an alternate placement could be found that would not have a negative visual impact upon the neighboring residences."
Pamela Hawley, applicant, presented the case.
Chairman Barber stated that this is a corner lot so there are two front yards. Chairman Barber asked if she had talked to Don Cropsey at all about the comments received from the Town Planner.
Ms. Hawley stated that she had not.
Chairman Barber asked if there was any reason the shed could not be placed further back.
Ms. Hawley stated that they could not move it inside of the fence because the fence is cemented down and the shed is a pre-fab shed.
Don Cropsey stated that he had spoke with Mr. Hawley regarding the location of the shed and made a few suggestions. The first one was to see if he could place the shed inside the fence and he indicated that he did not want to place it in there on the left side because it sloped off and on the right side it would take up the back yard. Mr. Cropsey stated that his second suggestion was to remove a couple of sections of fence and incorporate the shed partially on the inside of the fence and partially on the outside so that it would not look as awkward as in the proposed location.
There was discussion regarding other variances in the immediate area.
Don Cropsey felt that it make more sense for the Board to consider a variance to move the fence out and grant that kind of a variance; it would not look as awkward.
Chairman Barber suggested that the applicant work with Don Cropsey for the placement. Chairman Barber stated that the Board needs to consider is whether the variance is actually needed; is there a suitable place on their property to place the shed that does not require a variance.
Ms. Hawley stated that the shed would be placed against the fence.
Don Cropsey replied that whether the shed is placed against the fence or set away from the fence it still becomes a structure outside of the fence and in the front yard sight lines of all the other homes on Remmington Road.
Chairman Barber asked the applicant to stake out the location of the proposed shed so that the Board members could see where it would be located on their site.
Chairman Barber asked if there were any questions or comments from the residents. There were none.
Chuck Klaer asked if Don Cropsey could see if the shed could possibly be moved within the fence.
Chairman Barber asked if they had a drawing or depiction of what the shed was going to look like.
Chairman Barber made a motion to continue the hearing for two weeks to give the applicant a chance to work with Don Cropsey and to stake out where the shed would be placed. Motion seconded by Sharon Cupoli. Vote 7 -0. (Sumner absent, Remmert alternate)
MATTER OF ROLANDO DICOCCO - 3773 CARMAN ROAD
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 4015
Request of Rolando DiCocco for a Variance of the regulations under the Zoning Law to permit: the construction of a 5' x 23' covered porch entrance. A 55'0" setback is required, 33' is proposed, a 22' variance is requested.
Per Articles IV & V Sections 280-29 and 280-51 respectively
For property owned by Rolando DiCocco
Situated as follows: 3773 Carman Road Schenectady, NY 12303
Tax Map #27.19-3-1 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of June, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 29, 2007"
The file consists of the mailing list to 23 neighboring property owners, the Town's required forms for this area variance, a narrative, Albany County Planning Board's recommendation, the Town Planner's comments and some depictions of the site.
Albany County Planning Board's recommendation of 5-17-07 was to defer to local consideration.
The Town Planner had the following comments: "The applicant has submitted a variance request to place a covered porch within the front setback. The building itself already encroaches into the setback. No planning objections."
Rolando Dicocco, applicant, presented the request.
Chairman Barber stated that there is an existing porch that they would like to replace. Chairman Barber stated that this seems to be a much more attractive design. Chairman Barber asked if they would be installing any landscaping.
Mr. Dicocco replied that they would be installing landscaping after the construction is finished.
Chairman Barber stated that they would have the applicant submit a landscaping plan to Don Cropsey for him to review.
Sharon Cupoli asked if this would still remain a business.
Mr. Dicocco replied that it would.
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. 4015
Request of Rolando DiCocco for a Variance of the regulations under the Zoning Law to permit: the construction of a 5' x 23' covered porch entrance. A 55'0" setback is required, 33' is proposed, a 22' variance is requested.
Per Articles IV & V Sections 280-29 and 280-51 respectively
For property owned by Rolando DiCocco
Situated as follows: 3773 Carman Road Schenectady, NY 12303
Tax Map #27.19-3-1 Zoned: BNRP
In granting this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. No residents provided either written or oral comments regarding this application.
The Albany County Planning Board's recommendation of 5/17/07 was defer to local consideration.
The Town Planner had no objections.
The Board further finds that the existing structure is preexisting and is preexisting within the setback.
The new porch will replace an existing porch and the new proposed porch is an attractive design and will greatly promote the appearance of the property.
The building does front Carman Road and therefore the variance will not have any negative impact upon the quality or character of the neighborhood.
In granting this variance, the Board imposes the following conditions:
Submission of a professional landscaping plan for Don Cropsey's review.
Adherence to the plan as submitted with this application.
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 REBECCA REED - 200 FOSTER LANE
Chairman Barber made a motion to adjourn this case for two weeks; applicant not present. Vote 7 - 0. (Sumner absent, Remmert alternate)
OTHER:
MINUTES -The vote on the minutes of 3-7-07 was tabled; review the tape regarding Desch and the access road.
SIGNS: After lengthy discussion regarding consistency and caricatures, the Board approved the sign for Sonny's Scoops at 1810 Western Avenue. Vote 5 - 2. (Klaer, Barber in the negative)
The Board approved a face replacement for Mary Jane Photography located at Park Place. Vote 7 - 0.
The meeting adjourned at 8:15pm.
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