TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JANUARY 17, 2007
Members Present
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Peter Barber, Chairman Patricia Aikens Sharon Cupoli Chuck Klaer Mike Marcantonio Susan Macri Tom Remmert, Alternate James Sumner Janet Thayer, Counsel
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Chairman Barber opened the meeting and pointed out the emergency exits to the left and rear of the room in the event they were needed.
NEW CASES
MATTER OF LYNNE GOLONKA - 2259 WESTERN AVENUE
Sharon Cupoli read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles IV & V of the Zoning Law on the following proposition:
Variance Request No. 3989
Request of Lynne and Joseph Golonka for a Variance of the regulations under the Zoning Law to permit: the placement of a 6' stockade fence within a front yard.
Per Articles IV & V Sections 280-27 & 280-51 respectively
For property owned by Lynne and Joseph Golonka
Situated as follows: 2259 Western Avenue Guilderland, NY 12084
Tax Map # 40.00-2-6.2 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of January, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: December 19, 2006"
The file consists of the legal notice with mailing to 10 neighboring property owners, the application, the Town's required forms for this area variance, the Albany County Planning Board's recommendation, the project narrative and a site plan.
Albany County Planning Board's recommendation was "defer to local consideration."
Lynne and Joseph Golonka, applicants, presented the request.
Chairman Barber stated that they have installed a fence to deal with some of the noise and other issues coming from Rt. 20.
Ms. Golonka stated that is correct.
Chairman Barber asked if they were going to be installing any landscaping.
Ms. Golonka replied that they would be installing landscaping, there is already some ivy put there.
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. 3989
Request of Lynne and Joseph Golonka for a Variance of the regulations under the Zoning Law to permit: the placement of a 6' stockade fence within a front yard.
Per Articles IV & V Sections 280-27 & 280-51 respectively
For property owned by Lynne and Joseph Golonka
Situated as follows: 2259 Western Avenue Guilderland, NY 12084
Tax Map # 40.00-2-6.2 Zoned: R15
This decision is based upon the following findings of fact:
1. A public hearing was duly noticed and held this evening and the notice was supplemented by mailing the legal notice to property owners within 500' of this property. No residents provided either written or oral comments regarding this application.
2. The Town Planning Board's review of this application was not required.
3. The Town Planner had no planning objections.
4. The Board further finds that this property fronts on Rt. 20 and the fence will provide a buffer from traffic, noise and lights along Rt. 20.
5. The fence is cited over 100' from the road and will not cause any sight distance or traffic related issues.
6. The fence will have no impact upon the character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
1. Installation of any accessories as stated in their application to maintain the historic look of the property. 2. Maintaining of the Cabot green stain appearance
that has been represented in the application. 3. The placement of ivy or any other appropriate landscaping to soften the appearance of the fence from the road. 4. The applicant shall work with the Department of Community Environment to address any concerns that entity might have.
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 NEXTEL - WILLEY ST WATER TOWER
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. 3990
Request of Nextel Partners, Inc. for a Special Use Permit under the Zoning Law to permit: the collocation of twelve telecommunication antennas mounted at 90' on an existing municipal water tower. Also included with this proposal is the construction of a 12' x 20' equipment shelter at the base of the tower.
Per Articles IV & V Sections 280-37 & 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 17th of January, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: January 10, 2007"
The file consists of the mailing list to 50 neighboring property owners, the completed forms for a special use permit for the installation of the telecommunications antenna on the water tower, the Town Planner's comments, a letter dated 9-20-06 from William West, the Water Superintendent, granting their authorization for Nextel Partners to proceed with their application, correspondence from Delaware Engineering dealing with his review of the application, several depictions of the site before and after, along with propagation studies and details regarding their proposed installation.
The Town Planner had the following comments: "The applicant is requesting a special use permit to allow additional antennas on the Willey Street Water Tower. The water tower is 140' in height and the additional equipment will be installed at 90'. Collocation of equipment and the sharing of existing structures are to be encouraged rather than the proliferation of additional towers. No objection contingent upon the water towers ability to structurally accommodate such antennas."
Steven Elsbree representing Nextel Partners presented the application. Mr. Elsbree stated that this is an additional equipment shelter and antennas all within the existing compound of the water tank and facility. Mr. Elsbree stated that there are three existing telecommunications users already at the site. Mr. Elsbree stated that Nextel is proposing to mount their antennas well below any of the existing antennas. All attachments to the tank will be painted to match the tank. Mr. Elsbree stated that they have submitted several materials in reference to Delaware Engineering's letter.
Chairman Barber asked about the cumulative effects.
Mr. Elsbree replied that the amount of power output from this installation is similar to a hand held cell phone. There are 12 antennas (4 per sector) being installed and only one antenna per sector is a transmit antenna, the other three antennas in the sector receive the signals and they fall within the guidelines of the FCC. Mr. Elsbree stated that this installation for Nextel antennas is equal to .004% of the maximum permissible exposure.
Chairman Barber stated that the Federal Telecommunications Act sets forth guidelines that municipalities have to follow and one of them is that no municipal body can regulate the placement or construction of the facilities if those facilities comply with FCC's regulations regarding emissions.
There was discussion regarding the cumulative effects of just this one carrier and of all the carriers.
Chairman Barber asked if there were other sites that they had looked at.
Mr. Elsbree replied that they had; on Western Avenue and the Teresian House on Washington Avenue Ext.
There was discussion regarding growth in the future.
Ken Johnson of Delaware Engineering stated that Nextel have submitted everything that they have requested; CT Male has submitted their structural integrity review and Bill West is happy with the review but requests that Nextel paint the antennas to match the tank and have CT Male provide a compliance letter once the work is done.
Chairman Barber asked Ken Johnson if he would be comfortable assessing the cumulative effect of all the antennas at the site.
Ken Johnson replied that he work with Nextel to provide that information.
Liesse Mohr of 56 Gipp Road wanted to know how it would look aesthetically and how the antennas would be placed. Some of the other concerns that Ms. Mohr had were: noise emitting from the shed, removal of any trees, the number of antennas on the tower and the sum of percentages from the towers, the lights on the sheds, and painting of the antennas.
Chairman Barber asked Mr. Elsbree about the lighting issue.
Mr. Elsbree replied that there is a down style light by the shelter door which is on a motion sensor.
Chairman Barber asked about the noise from the generator.
Mr. Elsbree replied that there is not a generator in Nextel equipment shelters. If there is a situation where power is out for a prolonged period of time, a portable generator may be brought in while the site is off.
Chairman Barber asked if there was any noise emitting equipment in the storage shed.
Mr. Elsbree replied that the air conditioners do run.
Chairman Barber asked the approximate distance from the Nextel equipment shelter to the nearest residence.
Mr. Elsbree replied that it is at least 300'.
Chairman Barber asked about landscaping around the shelter.
Mr. Elsbree replied that you could not see the shelter if you were off of the town property.
There was discussion regarding the sum of percentages and the cumulative effects and Mr. Elsbree agreed to provide more information at the next meeting.
Chairman Barber made a motion to continue this hearing until February 7, 2007 to give the applicant time to submit additional materials dealing with the cumulative effects, the sum of percentages, other carriers on the tower and compliance with the FCC guidelines. Motion seconded by Sharon Cupoli. Vote 7 - 0.
MATTER OF DAVID IP - 40 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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 3991
Request of David Ip for a Variance of the regulations under the Zoning Law to permit: the installation of a 5' aluminum fence in a required front yard on a corner lot.
Per Articles IV & V Sections 280-27 & 280-51 respectively
For property owned by David Ip
Situated as follows: 40 Jean Place Schenectady, NY 12303
Tax Map #15.17-1-105 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of January, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: January 10, 2007"
The file consists of the mailing list to 17 neighboring property owners, the Town's required forms for an area variance, an e-mail stating that the property is subject to a covenant for the Essex Woods subdivision noting that the covenant requires that the homeowner shall provide for screening by landscaping or trees, a narrative along with a site plan which depicts the location of the proposed fence.
William Goodwin of 1 Janet Lane representing David Ip presented the application.
Chairman Barber asked Mr. Goodwin if he was familiar with the restrictive covenant.
Mr. Goodwin replied that he was not familiar with it but they did plan on putting 5' arborvitae all along the fence.
Chairman Barber asked why the homeowner wanted the fence where it is located.
Mr. Goodwin replied that it is set back from the road 15' for snow removal. Mr. Goodwin replied that the homeowner is installing the fence because he has a baby and small dogs that he wants to keep in the yard.
Chairman Barber asked if there were any questions or comments from the residents.
Michael Gourlay of 6282 Empire Avenue stated that he had no issues with the fence; Mr. Ip has a very odd shaped lot.
Chuck Klaer asked for a description of the fence.
Mr. Goodwin stated that it is looks like a wrought iron fence, but it is black steel.
Chairman Barber stated that this fence is actually considered decorative.
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. 3991
Request of David Ip for a Variance of the regulations under the Zoning Law to permit: the installation of a 5' aluminum fence in a required front yard on a corner lot.
Per Articles IV & V Sections 280-27 & 280-51 respectively
For property owned by David Ip
Situated as follows: 40 Jean Place Schenectady, NY 12303
Tax Map #15.17-1-105 Zoned: R15
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening and one resident provided oral comments in support of the application.
This is a Type II Action under SEQRA, not requiring any SEQRA review.
The Town Planning Board and the Albany County Planning Board's review of this application were not required.
The Town Planner had no objections.
The Board further finds that this is a odd shaped corner lot at the corner of Jean Place and Empire Avenue and under Town Code it creates two front yards on both streets and creates a fairly unique situation in terms of placement of fences and accessory structures.
There are no sight line impacts resulting from the placement of this fence on either Jean Place or Empire Avenue.
The fence will be located over 20' from the edge of the pavement with proposed landscaping to buffer its look.
The Board further notes that there is a restrictive covenant in this homeowners association that calls for the installation of appropriate landscaping and the Board will require that as one of its conditions.
The Board further notes that arguably although it is not necessary that this actually would constitute a decorative fence within the meaning of the code.
In granting this decision, the Board imposes the following conditions:
Review of the landscaping plan by the Department of Community Environment.
The fence and the landscaping shall be maintained at all times.
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 ORCHARD CREEK GOLF COURSE - 6700 DUNNSVILLE ROAD
Sue Macri read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York will hold a public hearing pursuant to Articles III & IV of the Zoning Law of the following proposition:
Amend Special Use Permit #22-97/Request No. 3993
Request of Daniel Abbruzzese for an amendment to Special Use Permit #22-97 under the Zoning Law to permit: the construction of a 60' x 120' freestanding pavilion at an existing golf course for the purpose of holding golf outings and barbecues. An additional 59 parking spaces will be constructed to serve this facility.
Per Articles III & V Sections 280-24.1 and 280-52 respectively
For property owned by Orchard Creek Realty, LLC
Situated as follows: 6700 Dunnsville Road Altamont, NY 12009
Tax Map # 25.00-2-34.12 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of January, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: January 10, 2007"
The file consists of the mailing list to 17 neighboring property owners, the Town's required forms for this amendment to their Special Use Permit, a Short Environmental Assessment Form for this Unlisted Action, the Town Planners comments, the Town Planning Board's site plan review, Albany County Planning Board's recommendation, the Village of Altamont's referral, a narrative along with a concept site plan for the clubhouse along with materials regarding the tent system.
The Town Planner's comments are as follows:
"The applicant has requested a special use permit to construct a pavilion as an accessory use for the golf course. This structure will be 60' x 120', contain a storage area and have a capacity for approximately 250 people. The architectural will match the existing clubhouse and 60+ parking spaces are being added.
The pavilion is well set back from the roadway and additional apple trees will be planted to help screen the parking. I have no other concerns except that the existing parking is gravel but the need for drainage improvements should be examined."
The Town Planning Board's site plan was to recommend without any suggestions or conditions.
The Albany County Planning Board's recommendation of 12-21-06 was to defer to local consideration.
The Village of Altamont's referral was recommend to have any additional water hookups that may be required to be reviewed by the Village Board and the appropriate approvals to be obtained.
Dan Abbruzzese gave a brief overview of the application. Mr. Abbruzzese stated that currently they have the restaurant with a tent outside which they hold outings in. The tent is approximately seven years old and needs to be replaced so they decided to put a permanent structure in which will mirror the clubhouse. Mr. Abbruzzese stated that the permanent structure will be bigger to accommodate more people for the outings and also to store their golf carts during the winter.
Chairman Barber asked if they have any problems with drainage in that area.
Dan Abbruzzese stated that they have not changed the topography of the parking area and there is no problem with the drainage.
There was discussion regarding adding the parking spaces.
Chairman Barber asked if there was going to be any lighting proposed for the pavilion.
Dan Abbruzzese stated that there will be two additional poles going up.
The Board felt that the additional lighting might not be needed.
Chairman Barber asked if they have any complaints or issues regarding the gravel parking area.
Dan stated just from the customers.
Sharon Cupoli asked if there will be lights on the outside of the pavilion.
Dan replied "no".
Chuck Klaer asked about the pavilion's capacity.
Dan replied that a typical outing is anywhere from 36 to 144 people, you cannot put any more than 144 people on the golf course. The pavilion is being made bigger to accommodate the golf carts. You can fit 250 people in the pavilion, but there would not be that many people in there.
Chuck Klaer asked about weddings.
Dan replied that they have showers and rehearsal parties in the tent but they do not do a lot of large parties; their main business is golf and outings.
There was discussion regarding the hours of operation.
Dan stated that the pavilion would not be open until 11pm, that is what time the restaurant stays open until. Dan stated that they usually do not have outings during the weekends, most of them are during the week.
Chuck Klaer asked if there would be bands.
Dan stated that occasionally there are bands there, but very rarely.
Glenn Barker of Becker Road had concerns regarding the number of later functions with music, additional lighting, the number of people in the pavilion, and additional traffic.
Mr. Barker stated that they prefer the gravel parking lot rather than a blacktop lot and would be concerned about the water runoff if it was blacktop.
Chuck Klaer asked if the restroom facilities for the pavilion would be in the clubhouse.
Dan replied that there is a state law mandating that there has to be bathrooms in the pavilion; they have to wait for Altamont approval for the water.
Chairman Barber asked about the live entertainment.
Dan replied that he could let the neighbors know when there would be live entertainment; but stated that there have only been about 7 or 8 bands since they have been there.
Chairman Barber asked Dan if he would be comfortable with contacting Don Cropsey when there is going to be live entertainment.
Glenn Barker stated that his concern is what is going to happen in the future with the pavilion. Mr. Barker stated that they have no problem at the present time.
Dan stated that he has no problem with contacting the town when there will be live entertainment.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application for the construction of a 60' x 120' freestanding pavilion at an existing golf course to determine whether the granting of this application would have a negative impact upon the environment. Our review consisted of the comments provided to us by the Town Planning Board, the Albany County Planning Board, the Village of Altamont, and the Town Planner. Based upon the comments provided this Board determines that a negative declaration should be issued under SEQRA." Motion seconded by Sue Macri. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Amend Special Use Permit #22-97/Request No. 3993
Request of Daniel Abbruzzese for an amendment to Special Use Permit #22-97 under the Zoning Law to permit: the construction of a 60' x 120' freestanding pavilion at an existing golf course for the purpose of holding golf outings and barbecues. An additional 59 parking spaces will be constructed to serve this facility.
Per Articles III & V Sections 280-24.1 and 280-52 respectively
For property owned by Orchard Creek Realty, LLC
Situated as follows: 6700 Dunnsville Road Altamont, NY 12009
Tax Map # 25.00-2-34.12 Zoned: RA3
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening. One resident provided the Board with oral comments regarding this application.
This Board adopted a negative declaration under SEQRA by a unanimous vote.
The Albany County Planning Board's recommendation of December 21, 2006 was defer to local consideration.
The Town Planning Board's site plan review of January 10, 2007 was to recommend without any suggestions or conditions.
The Town Planner's memorandum of January 10, 2007 also had no objection but did raise some questions regarding drainage on site.
The Village of Altamont has recommended with conditions regarding further compliance with any water supply issues.
The Board further finds that the pavilion is an accessory use to the existing golf course which is already governed by Special Use Permit 22-97. The Special Use Permit includes extensive conditions regarding site plan and parking plan.
The Board also notes that this pavilion will replace an existing tent that has been on site for a number of years.
The proposed pavilion as found by the Town Planner is consistent with the clubhouse in terms of its architectural appearance.
The pavilion is set 187' from Dunnsville Road and there are existing apple trees on site that will shield the additional parking from view.
59 new parking spaces are provided and as determined by the Zoning Administrator, no parking variance is required.
The gravel parking lot is consistent with the existing Special Use Permit and also consistent with the rural character of the neighborhood.
The Board also notes that there is lighting on site and subject to the determination of the Zoning Administrator that the existing lighting arrangement is appropriate and no additional lighting should be installed.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
The Board recommends that no additional lighting be installed, however the Board does recognize that if the Zoning Administrator believes additional lighting is required because of safety or other concerns, any lighting be reviewed and approved by this Board.
Any live entertainment would be subject to review as a mass gathering permit.
No signs or banners shall be installed without Board approval.
Compliance with the Village of Altamont's referral of 1/16/07 regarding the water supply issues.
Continue to adherence to Special Use Permit #22-97 and the conditions set forth therein.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this amended 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.
The Board approved the withdrawal of the request for a variance at 100 Lonnstrom Lane. Vote 7 - 0.
The Board approved the minutes of 12-6-06. Vote 7 - 0.
The meeting adjourned at 9:30pm.
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