Skip Navigation
This table is used for column layout.
Zoning Board Minutes 09-19-2007
TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
SEPTEMBER 19, 2007
 


Members Present
 
 
 
 
 
 
 
 
 


Peter Barber, Chairman
Sharon Cupoli
Chuck Klaer
Mike Marcantonio
Susan Macri    
Allen Maikels 
Tom Remmert, Alternate
James Sumner                             
Janet Thayer, Counsel
 



_______________________________________________________________________
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 OMNIPOINT – 300 WORMER ROAD

Chairman Barber stated that the Board had asked the applicant to work with the TDE regarding the 10' extension and some structural issues.  Chairman Barber stated that the TDE has signed off on the application.

 

Chairman Barber stated that the Board does require a certification from the engineer for the file.

 
Rob Osterhoudt of Boswell Engineering stated that there were a few things in the review letter of September 7, 2007 which needed clarification; one of those being a couple of minor deficiencies that were noted in the Clough Harbour TIA IA report; minor deficiencies that should be corrected during construction of the tower extension.   Mr. Osterhoudt stated that they are also looking for a clarification in regards to the safety factor against overturning in the tower.  Mr. Osterhoudt stated that they are also looking for clarification regarding the existing and proposed topography around the tower base which would help determine the clearing around the tower base which could have an effect upon the visual impact.  Mr. Osterhoudt stated that the last issue is the fence that is proposed around the facility.
 
Chairman Barber asked if all of the issues could be addresses post-approval.
 
Mr. Osterhoudt replied "absolutely".
 
Jim Sumner asked about the anchor bolts.
 
Mr. Osterhoudt replied that there was a full tower inspection done and there were no deficiencies noted in that report.
Chairman Barber asked if there were any questions or comments from the residents.
 
Chuck Klaer asked about a resident at the last meeting who had problems with interference from the current tower and asked if those issues had been investigated and resolved.
 
The applicant stated that they had a lengthy discussion with the resident after the meeting and he was going to get in touch with Omnipoint.
 
Chuck Klaer asked about the radome around the 1961 antennas.
 
Jay Suriano of Pyramid Network Services stated that when Cingular originally approached the board they were asked to put a radome up to hide the antennas because of their configuration and has not been a requirement of anyone since then. 
 
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 the application to determine whether the granting of a 10' extension to an existing monopole would have a substantial negative impact upon the environment.  This review consisted of the public hearing conducted previously and again this evening and the comments provided to us by the various agencies and also the review of the application which included the Full Environmental Assessment Form along with the visual analysis.  Based upon that review, the Board determines that a negative declaration under SEQRA should be issued."  Motion seconded by Sharon Cupoli.  Vote 7 – 0.
 
Chairman Barber made a motion for approval of:

Special Use Permit/Use Variance Request No. 4003

Request of James Whitcomb as Attorney for Omnipoint Communications for a Special Use Permit/Use Variance under the Zoning Law to permit: a 10' extension of an existing 91' high monopole structure for the collocation of telecommunication antennas.  Also included with this project is the installation of 3 outdoor equipment cabinets on a 10' x 16' concrete pad.
 
Per Articles IV & V  Sections 280-37 and 280-51 & 52 respectively
 
For property owned by Albany Country Club
Situated as follows:  300 Wormer Road   Voorheesville, NY    12186
Tax Map #50.00-3-10.1 Zoned: RA3
 
This decision is granted upon the following findings of fact:
 
A public hearing was duly noticed and held on two evenings.  One resident provided oral comments regarding the antennas potential impacts on radar detection devices and cell phones.  It is the Board's understanding that those issues were addressed in some way outside the hearing.
 
The Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
 
The Board appointed Boswell Engineering as TDE to review the application to ascertain any negative impacts in terms of structure or any other engineering type of issues.  Boswell provided a report dated September 7, 2007 which concludes that any concerns that they still have can be addressed through conditions imposed by this Board and through post construction inspections.
 
The Board further notes that the telecommunications facility is a public utility and that under NYS Law and the Telecommunications Law it is held to a different standard than a use variance under NYS Town Law; that standard being that the applicant needs to demonstrate a gap in service or need for the telecommunication facility and also that the proposed method is the least intrusive means of addressing that gap.  The propagation studies do demonstrate a gap in Tmobile service and the 10' extension will help satisfy that gap in service.
 
The proposed extension is the least intrusive means and is preferable to the construction of a new tower.
 
There were no other available structures for the placement of the antenna.
 
The Board further notes that the 8' high wood stockade fence is consistent with the existing 8' high wood stockade fence on the property.
 
In granting this decision, the Board imposes the following conditions.
 
Adherence to the plans as submitted by the applicant.
 
There shall be a post construction certification by the applicant's engineer to the Town of Guilderland confirming that the reinforcing and the tower extension have been completed in accordance with the proposed plan and with TIA-222-Standard G and also have that certification reviewed and approved by the Town Designated Engineer.
 
Certification required by Code Section 280-37E(4) which has additional certification requirements.
 
Any of the issues that have not already been addressed in Boswell Engineering's September 7, 2007 report be addressed during construction.
 
Submission of a site plan as required by Code Section 280-37E(3).
 
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
 
If this Special Use Permit/Use 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 Sue Macri.  Vote 7 – 0.
 
MATTER OF SHABBOS HOUSE – 320 FULLER ROAD
Counsel Thayer recused herself from the application.
 
Chairman Barber stated that this was last before the Board several years ago and has gone through several changes, the most recent being in July 2007 with revised plans being submitted.  Chairman Barber stated that there has been numerous letters submitted in favor of the application and a few letters in opposition to the project.
 
The Town Planners comments of 9-12-07 were as follows:  "This is a continued hearing for the applicant's request for a special use permit and variances to demolish the existing house and construct a two story building that will be used as a Jewish student center for the university.  It is proposed to replace the current facility two parcels to the north at 316 Fuller Road.  My comments are as follows:
-         The proposed building and pavement covers 67% of the parcel in a residential district.  A 10,000sf building that accommodates 250 people, plus outdoor activities, is not appropriate on a ½ acre parcel in a residential neighborhood.
-         While the applicant is requesting a large variance for parking, there are special circumstances that would dictate its consideration, mainly that a majority of users will be students walking from the university.  However, if this is the argument to allow the parking variance, then the provision of safe and adequate pedestrian facilities must be required.
 
In summary, I have no planning issues with the use or the lack of parking.  However, the size of the building and proposed capacity may be too intense for this size lot in a single family, low density neighborhood."
 
Chairman Barber stated that a letter was received from William Ansel, Civil Engineer with the County Of Albany, Department of Public Works giving that departments opinion on the project.
 
Dan Hershberg of Hershberg and Hershberg stated that the correct size of the building is approximately 8000sf, not 10,000sf.  Mr. Hershberg stated that the building has been reduced in size since the project first began.  Mr. Hershberg stated that the minimum lot area in an R15 zone is 15,000sf with a minimum width at the building line of 100'.  This lot is 24,732sf with a 100' width at the building line.  The front yard setback in an R15 zone is 35' and this building is 45' back; the side yard setback is 15'; there is 23' on the left side of the building and 19' on the right side of the building.  The rear yard setback is 35' in an R15 zone, they have 103'.  The lot coverage permitted in this zone is 30% and this building occupies 24.1% of the lot.  Mr. Hershberg stated that the building height is 29.5' for two stories.  Mr. Hershberg stated that no area variances would be required.
 
Chairman Barber stated that a single-family home of this size could be put on the property and it would not be before the Zoning Board at all.  Chairman Barber stated that there are other religious facilities that are substantially larger than the residential houses nearby but usually they are located on larger lots.  Chairman Barber stated that Saint Margaret Mary located in McKownville is on a much smaller lot and much more akin to the use here and not needing any variances.
 
Mr. Hershberg stated that religious uses are normally not the same size as residential buildings within residential zones, they need more space.
 
Chairman Barber stated that Town Code states that religious facilities can be located anywhere in the Town and does not place any size limitations on them.
 
Mr. Hershberg stated that virtually the same use is taking place in a smaller building a few doors down.
 
Chairman Barber asked the size of the existing building.
 
Mr. Hershberg stated it is approximately 2600sf and stated that primarily the second floor of the proposed building will be Rabbi Rubin and his family's living area.
 
Chairman Barber asked if there was going to be any substantial change in use in the new building as compared to the old building.
 
Mr. Hershberg replied "no".  Mr. Hershberg stated that right now in order to make use of the smaller building for large groups they have to remove the furniture and store it outside.  In the new building, the furniture will not have to be moved.  Mr. Hershberg stated that currently the Rubins are living with five children in two bedrooms and will have more bedrooms and an additional bathroom in the new building.  Mr. Hershberg stated that the Rubins need to live there because the basis of the operation is the moral values that the Rubins can provide for the students.
 
Chairman Barber stated that it seems that their lot is possibly the largest lot in the district.
 
Mr. Hershberg replied that this is two original lots which were merged into one lot.
 
Chairman Barber asked what the intention was for the existing building.
 
Mr. Hershberg stated that the existing building will revert back to a single-family residence.
 
Mr. Hershberg briefly discussed the stormwater management system.  Mr. Hershberg presented the plan of the groundwater recharge system to manage stormwater on the parcel.
 
Chairman Barber asked Mr. Hershberg if he was assuring the Board and the public that this stormwater management plan would not in any way impact or cause any problems whether it be with water in basements, flooding of the streets, etc.
 
Mr. Hershberg replied that they would be reducing the high water level of the balance of the system; they would not be solving all of the area's drainage problems.  This system would not exacerbate any existing drainage problems with any building downstream.
 
Chairman Barber stated that he would like the applicant and the TDE to meet regarding the changes to the stormwater management plan and stated that stormwater is probably the preeminent issue for the Zoning Board to take a look at.
 
Mr. Hershberg discussed the landscaping on site.  Mr. Hershberg stated that they were proposing 103 arborvitae around the site; which would be at 3' intervals around the site.
 
Chairman Barber asked if there were days that people are not under any restriction and could arrive by car.
 
Mr. Hershberg stated that there are days there activities taking place at the Shabbos House but they are few and far between.  Mr. Hershberg stated that Shabbos House has made an arrangement with SUNY to use a portion of their commissary lot for parking.
 
Chairman Barber asked if there was any written agreement stating that.
 
Mr. Hershberg stated that they had submitted a letter with the original application.
 
Chairman Barber asked about the sidewalk originally proposed.
 
Mr. Hershberg replied that ACDPW would not give them a permit to build the balance of the sidewalk as they are undergoing construction and they will provide pedestrian facilities.
 
Chairman Barber stated that if the argument is that they don't drive, they walk, then the Board has to make certain that there is a safe means for accessing this facility.
 
Mr. Hershberg stated that there is virtually nobody that walks up Fuller Road in that direction, they all come from the SUNY campus and out the access road.
 
Mr. Hershberg stated that if the ACDPW wants to issue them a permit for the sidewalk and the Zoning Board requires it, they would install the sidewalk.
 
Chairman Barber stated that possibly the money for the sidewalk could be put in escrow.
Chuck Klaer asked if there were other orthodox entities around the community that had received significant parking variances.
 
Mr. Hershberg stated that there is an Orthodox congregation on New Scotland Avenue in Albany that has no parking; it is on street parking only.
 
There was discussion regarding the lot coverage.
 
Chairman Barber asked if there were any questions or comments from the residents.
 
Martin Gnacik of 15 Elmwood Street spoke in favor of the project.
 
Ben English of 319 Fuller Road (directly across the street) stated that Shabbos House was an excellent neighbor and spoke in favor of the project.
 
Sarah Berg of 2336 Western Avenue, a doctoral student at U Albany that utilizes the Shabbos House, spoke in favor of the project.
 
Adam Kris of 1400 Washington Avenue, a McKownville Fire Department member and student who utilizes the Shabbos House, also spoke in favor of the project.
 
Mrs. Nirenberg (Schoolhouse Road neighbor), spoke in support of the project.
 
Daniel Small, former student and friend of the Rubins who utilizes the Shabbos House, supported the project.
 
Cheryl Hoffman, a student at UAlbany who utilizes the Shabbos House, spoke in favor of the project.
 
Andrea Mastromarchi of 42 W. Parkwood St. spoke in opposition to the water recharge system, property values and the future of the building.
 
Mike Gammons of 6044 Old State Road had concerns regarding the responsibility of financing the maintenance of the groundwater basing and expressed opposition to any impact on the taxpayers.
 
Rachel Cirkin of 1400 Washington Avenue student at U Albany who utilizes the Shabbos House, spoke in favor of the project.
 
John Wilkich of 35 W. Parkwood St. had no opposition to the building but was concerned about the effect of the stormwater management plan and would like some control on the future use.
 
Sam Arcada of 25 Elmwood Street had concerns regarding the stormwater issue.
 
Barbara Sonnenberg stated that the Shabbos House has no intention to leave the proposed site as long as U Albany exists.
 
Todd Horowit of 2 Mercer Street, neighbors for 13 years have never seen a parking problem on the nearby streets.  Mr. Horowit stated that he does not believe that stormwater from the proposed site will ever effect the houses on the other side of Fuller Road.
 
Anita Horowit of 2 Mercer Street, teacher at U Albany spoke in favor of the project.
 
Gerald O'Brien of 4 Providence Street spoke in favor of the project.
 
Olga Timufave of 36 Ableman Avenue, close friend of the Rubins, felt that the stormwater management issue should not be the Rubin's problem.  
 
Don Reib of the McKownville Improvement Association, reviewed the parking agreement with U Albany from the original hearing and had concerns that it was signed by a past president, not the current president.  Mr. Reib agreed that the Shabbos House has an effective impact on the U Albany Jewish population but believes that the house should be on a bigger lot in the area.
 
Cindy Peaslee of 44 Providence Street stated that she was not sure that this single proposed property will change the water situation in McKownville.
 
Mendel Rubin, applicant explained that peak attendance is not usually a week lone event.  He emphasized that the Shabbos House does not plan on leaving the area and that parking has never been a problem in 30 years.  He also stated that expanding the current site has already been denied by the Town.
 
Ms. Rossman, daughter of a Woodlake Apt. resident who utilizes the Shabbos House, spoke in favor of the project.
 
Chairman Barber made a motion to continue the hearing.  Motion seconded by Sharon Cupoli.  Vote 7 – 0.
 
 
MATTER OF KEY BANK – 2050B WESTERN AVENUE 
Chairman Barber stated that this is continued from a previous meeting to address elevation plans in color of the proposed renovations along with a landscaping plan.
 
Jonathan Wochner submitted new elevation plans showing a parapet wall to extend the roofline to screen the rooftop mounted equipment.   
 
Mr. Wochner stated that they have prepared a landscaping plan for around the building; about 86 shrubs of various varieties.  Mr. Wochner stated that all of the existing landscaping will be removed and the new landscaping will provide much more variety and color.
 
Tom Remmert asked how high the parapet wall would be.
 
Mr. Wochner replied that it will be approximately 36".
 
Tom Remmert stated that it could be a problem for the fire department; possibly a ladder could be placed inside the parapet wall.
 
Don Cropsey asked about the lighting.
 
Mr. Wochner stated that lighting under the exterior canopy will be recessed.
 
Russ Rizzo of Key Bank advised that the ATM lighting law has recently changed and the new ATM enclosure will be different than the current design.  Mr. Rizzo addressed the issue of how far into the parking area Key Bank's lease extends.
 
Don Cropsey stated that  his concern is to make sure that the light bulbs are not visible from the highway and feels that they can accomplish that and still meet their requirements.
 
Chairman Barber asked if there were any questions or comments from the residents.  There were none.  Chairman Barber made a motion to close the public hearing.  Motion seconded by Sharon Cupoli.  Vote 7 – 0.
 
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application which consists of the amending of the special use permit to allow a change in façade of the Key Bank branch at Star Plaza located at 2050B Western Avenue.  Our review consisted of the public hearing conducted previously and this evening and also the comments provided by the Albany County Planning Board and the Town Planner.  Based upon those comments and the review of the application, the Board concludes that a negative declaration under SEQRA should be issued."  Motion seconded by Sharon Cupoli.  Vote 7 – 0.
 
Chairman Barber made a motion for approval of:

Amend Special Use Permit #23-97/Request No. 4037

Request of Jonathan Wocher of McBride Dale Clairon for an amendment to Special Use Permit #23-97 under the Zoning Law to permit: exterior renovations to an existing branch bank.
 
Per Articles III & V  Sections 280-20 and 280-52  respectively
 
For property owned by Star Plaza, Inc.
Situated as follows:  2050B Western Avenue    Guilderland, NY  12084
Tax Map #51.02-2-5.1/1  Zoned: GB
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 at either hearing.
 
The Board adopted a negative declaration under SEQRA by a unanimous vote.
 
The Albany County Planning Board's recommendation of 8-16-2007 was to defer to local consideration.
 
The Town Planner had some comments but no objections to the request.
 
The Board further finds that the exterior of this building has been last amended in 1997 and this is a substantial improvement in the appearance of the building.
 
There is no proposed change in the footprint of the building.
 
The applicant has submitted revised façade plans; which is Option #3 along with a landscaping plan which further enhances the appearance of the property.
 
In granting this application, the Board imposes the following conditions:
 
Adherence to the plans as submitted; Option #3.
 
The installation of enclosed downward cast full cutoff lighting on all fixtures so that no light bulbs are visible from the highway and with a 0 candle power as measured at the property line.
 
Adherence to the landscaping plan as submitted.
 
Fire department approval of access to the roof.
 
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 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 JONATHAN ROSEN – 110 BENJAMIN STREET

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. 4035

 
Request of Jonathan Rosen for a Variance of the regulations under the Zoning Law to permit: a storage shed within 3' of a property line.  A 5' setback is required, 3' is provided; a variance of 2' is requested.
 
Per Articles III & V  Sections 280-14 and 280-51respectively
 
For property owned by Jonathan Rosen
Situated as follows:  110 Benjamin Street    Schenectady, NY  12303
Tax Map #27.07-2-48  Zoned: R15
 
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.
 
Dated: August 28, 2007"
 
The file consists of the mailing list to 35 neighboring property owners, the Town's required forms for this area variance, the Town Planner's comments, photos depicting the shed and the site and a narrative.
 
The Town Planner had the following comments:  "The applicant has applied for a variance for an existing shed that is 3' from the property line.  Although I have no planning objections, there is no site limitations that would prevent the shed from being placed in a legal location."
 
Jonathan Rosen, applicant, presented the case.
 
Chairman Barber asked if the fence was on his neighbor's property.
 
Mr. Rosen stated that it was.  Mr. Rosen stated that the shed has been there for 10 years and if the shed was moved two feet it would not make a difference visually to the neighbor.
 
Chairman Barber asked if he put the shed there or if he bought the property after the shed was already placed there.
 
Mr. Rosen stated that he built the property in 1992 and there was a prefab shed already there but removed that and had another one built.
 
Chairman Barber asked if there was a building permit obtained.
 
Mr. Rosen replied that there was no building permit obtained.
 
Chairman Barber asked if the shed could be moved
 
Mr. Rosen replied that it could be moved but the blocks would have to be moved also to make the shed level; there would be quite a bit of work involved.  There is also landscaping around the shed that would have to be moved.
 
Chairman Barber asked if there were any questions or comments from the residents.
 
Christine Duffy of 114 Benjamin Street spoke in favor of moving the shed to be in compliance with the Town Zoning Law.
 
Chairman Barber made a motion to close the public hearing.  Motion seconded by Sue Macri.  Vote 7 – 0.
 
Chairman Barber made a motion for approval of:

Variance Request No. 4035

 
Request of Jonathan Rosen for a Variance of the regulations under the Zoning Law to permit: a storage shed within 3' of a property line.  A 5' setback is required, 3' is provided; a variance of 2' is requested.
 
Per Articles III & V  Sections 280-14 and 280-51respectively
 
For property owned by Jonathan Rosen
Situated as follows:  110 Benjamin Street    Schenectady, NY  12303
Tax Map #27.07-2-48  Zoned: R15
 
This decision is based upon the following findings of fact:
 
A public hearing was duly noticed and held this evening.  One resident provided oral comments in opposition to the request this evening.
 
This is a Type II Action under SEQRA, not requiring SEQRA review.
 
The Town Planner had no planning objections but did raise the issue of the possibility of moving the shed.
 
The Board further notes that this shed has been located on this site for approximately 10 years.
 
There are some plantings around the shed and there is a neighbor's fence that appears to provide a buffer from the shed.  There does not seem to be any discernible adverse impact upon the quality or character of the neighborhood.
 
These types of variances are routinely granted by this Board.
 
In granting this request, the Board imposes the following conditions:
 
Adherence to the location at this point.  If the fence is removed by the neighbor, the Board may need to revisit to see if the applicant might need to put up some sort of screening to buffer the appearance of the shed.
 
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 Sue Macri.  Vote 5 – 2.  (Cupoli, Klaer)
 
 

MATTER OF MARK BIANCA -  2811 W. OLD STATE ROAD

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. 4039

Request of Mark Bianca for Variance of the regulations under the Zoning Law to permit: the placement of a 12' x 24' detached storage shed in a required front yard along one street side of this corner lot.
 
Per Articles IV & V  Sections 280-34 and 280-51  respectively
 
For property owned by Mark and Kimberly Bianca
Situated as follows:  2811 W. Old State Road   Schenectady, NY  12303
Tax Map #27.00-1-30  Zoned: R40
 
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.
 
Dated: September 11, 2007"
 
The file consists of the mailing list to 10 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a narrative and some schematic diagrams of the property.
 
The Town Planner had the following comments:  "The applicant is requesting an area variance to place a shed in the front yard of a corner lot.  There is an existing row of evergreen trees that will shield the structure from the roadway.  No planning objections."
 
Mark Bianca, applicant, presented the case. 
 
Chairman Barber stated that the property is in a somewhat rural area.  Chairman Barber stated that there is an extensive row of evergreen trees to shield the shed.
 
Chuck Klaer stated that he did not think that this row of trees provided a visual barrier to what is being proposed.  Chuck asked why he could not place it in a different location on the other side of the lot.
 
Mr. Bianca replied that just to get it to that area he would have go over the driveway and through the five maple trees in the front yard.  Mr. Bianca stated where he is proposing to put it is the largest part of his lot and the other side he wants to place a fire pit and a swimming pool, and there is a deck behind the house and everything would be crammed on the right side of his yard.
 
Chairman Barber stated that this is also a corner lot which means that he has two front yards and this shed is 25' off of Fuller Station Road.
 
Jim Sumner asked where his septic tank was located.
 
Mr. Bianca replied that it is to the left and the leechfield runs out the front.
 
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. 4039

Request of Mark Bianca for Variance of the regulations under the Zoning Law to permit: the placement of a 12' x 24' detached storage shed in a required front yard along one street side of this corner lot.
 
Per Articles IV & V  Sections 280-34 and 280-51  respectively
 
For property owned by Mark and Kimberly Bianca
Situated as follows:  2811 W. Old State Road   Schenectady, NY  12303
Tax Map #27.00-1-30  Zoned: R40
 
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 regarding the application.
 
This is a Type II Action under SEQRA, not requiring SEQRA review.
 
The Town Planner had no objections.
 
The Board further notes that this is a corner lot located at the intersection of Old State Road and Fuller Station Road and as a result creates two front yards.
 
The proposed shed will be located 25' off of the property line from the Fuller Station Road side.
 
There are 27 evergreens over 20' in height that do act as a buffer to mitigate the visual impact.
 
There are other corner lots that have similar situations where the sheds are located in the front yard and have been variances granted in the past.
 
The Board further notes that there are no negative impacts upon the quality or character of the neighborhood resulting from the granting of this application.
 
In granting this decision, the Board imposes the following conditions:
 
Adherence to the plan as submitted with the 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.
 
 
SIGNS:
 
The Board tabled a sign for Karner Psychological relaxation room.
 
OTHER:
The Board approved a one-year extension for Albany Curling Club.  Vote 7 – 0.