TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
MARCH 21, 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.
CONTINUED CASES:
MATTER OF JEFF THOMAS - 5060 WESTERN TURNPIKE
Chairman Barber stated that this matter had been before the Board several times and at the last meeting a couple of concerns were raised.
Francis Bossolini, engineer gave a brief update. Mr. Bossolini stated that they have addressed the concerns of the TDE and submitted a new full set of plans and a comment letter. Mr. Bossolini stated that there are no significant changes.
Chairman Barber asked about the lighting.
Mr. Bossolini responded that they submitted a plan with foot candle values on that and they had drawn a heavy line showing a 0.1 foot candle value on the inside of the property. That does not take into consideration any of the landscape shielding.
Chairman Barber asked him to address the moving of the driveway.
Mr. Bossolini replied that they had considered moving the driveway toward the south and then back up on the southern side of the existing building. Mr. Bossolini stated that there were several practical difficulties for building that road; the excavation, the drainage, the wetlands and access for emergency vehicles. Mr. Bossolini stated that if they had shifted their point of egress to the other side there were practical difficulties of utilizing the building that was accessible to seniors. The road would be cut into the hill several feet below the first floor. Mr. Bossolini stated that they were trying to maintain the entire area in the southwest as a green buffer so the roadway would interrupt that. Primarily the major problem was the excavation near the pond and the actual access to the
building.
Chairman Barber asked what the height of the light poles would be.
Mr. Bossolini stated that the pole would be 16' and the actual fixture was somewhat lower than that, in the 12' to 13' range.
Chuck Klaer asked if the landscaping plan had been reviewed by the Department of Community Environment.
Don Cropsey replied that it had not, but it had been reviewed by the TDE.
Jim Sumner had questions about the emergency access road.
Mr. Bossolini stated that there is a small strip of pavement that exists on the eastern portion of the property and for the time being they had proposed that would be maintained as emergency access with a gate that emergency services would have the ability to open. In the future, if Twenty West is approved, they have also made accommodations for similar strip to provide access to the property line and coordination would occur with the developer to connect it through to the road.
Chairman Barber stated that Donald Zee had asked if the Board would consider closing down that second access should the access to Twenty West be opened up. Chairman Barber stated that any decision such as that would be left to the fire department to determine at the appropriate time. Chairman Barber stated that it is his understanding at this point that they do prefer that direct access into the property.
Chairman Barber stated that the Board had received a letter from Don Albright indicating that he would like to keep the secondary means of access usable to emergency services and would have no objection if a gate or chain was placed across the driveway to prevent public use.
Chairman Barber stated that the Board had also received a letter dated March 21, 2007 from Irene Peck and Lyle and Judy Newcomb all of Furbeck Road indicating that they are senior citizens and they are in support of the project.
Chairman Barber asked if there were any questions or comments from the residents.
Bob Zulick of Frenchs Mills Road was 100% in favor of the project and stated that there was a need for it. Mr. Zulick stated that they appear to be addressing all the situations.
Kerry Murphy of Angelina Terrace felt that this project was a wonderful addition to the town and very much in favor of it.
Russ Peck of Furbeck Road stated that he was fully in favor of the project and felt that Jeff Thomas would do a super job with this proposal.
Michael Keefrider of Chancellor Drive felt that this was a great project and would greatly benefit the residents.
Tom Green, neighbor, asked that the variances not be granted, otherwise the project is fine. Mr. Green stated that this is a very dense project.
Chairman Barber made a motion to close the public hearing. Motion seconded by Jim Sumner. Vote 7 - 0.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a review of this application to determine whether the granting of this Special Use Permit for a senior citizen housing and community center along with the variances associated with setbacks from the adjacent residential properties would have a significant negative impact upon the environment. This review consisted of the report and opinions provided to us by the Albany County Planning Board, the Town Planning Board, the Town Planner and the TDE, Barton and Loguidice. The Board has also carefully considered the comments provided by the public and also the responses by the applicant and 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/Variance Request No. 3985
Request of Jeff Thomas for a Variance of the regulations/ Special Use Permit under the Zoning Law to permit: the construction of 86 dwelling units in 13 detached buildings for senior citizen housing on a 12.93 acre parcel of land. The existing structure (former Bavarian Chalet) will be converted to a senior community center. A total of 176 parking spaces will be provided for the housing units and 35 spaces will be provided for the community center. A variance is requested from the 100' setback adjacent to a single- family zone.
Per Articles III & V Sections 280-15 & 280-51 & 52 respectively
For property owned by under purchase agreement between Zwicklbauer Realty and Jeff Thomas
Situated as follows: 5060 Western Turnpike Altamont, NY 12009
Tax Map # 39.00-2-3.2 Zoned: MR
This decision is based upon the following findings of fact:
1. A public hearing was noticed and held. This required notice was supplemented by mailing legal notices to property owners within 750 feet of this property. A number of residents have provided comments on the application.
2. Pursuant to Local Law No. 3 of 2006, the Town Board conditionally rezoned this property from Local Business to Multiple Residence and restricted the use to at a least one person over 55 years and older in each unit and limited the number of units to 86 on this 12.93-acre parcel.
3. Prior to the adoption of the Local Law, the Town Board issued a negative declaration under SEQRA only as to the re-zone.
4. This Board adopted a negative declaration on this application for a special use permit and variances.
5. In a decision dated November 16, 2006, the Albany County Planning Board modified local opinion and raised matters which this Board considered.
6. In a Site Plan Review dated November 8, 2006, the Town Planning Board provided comments which were addressed by this Board.
7. In a memorandum dated November 8, 2006, the Town Planner had no objections and provided comments to the Board.
8. This Board appointed Barton & Loguidice as the town's designated engineer to review the applicant's submissions. Our engineer has provided both this Board and the Town Board with detailed comments which the applicant has addressed.
9. A senior citizen housing and community center are permitted uses in this zone. In fact, the Town Board re-zoned this property for this specific purpose.
10. The Board finds that the variances will not alter the character of the neighborhood or cause adverse effects or impacts. The property was previously zoned as Local Business which is more intense that the current Multiple Residence zoning. For decades, the property was the site of restaurant, the Bavarian Chalet, with banquet facilities and fields for soccer. Access to the parking area and rear soccer fields was by means of an existing driveway along the north side of the restaurant.
11. The Board finds that variances are not substantial in terms of their impacts. The proposal promotes preservation by utilizing the existing building and existing parking areas within the setback will be reduced, with landscaped buffers and berms along the property line.
12. On the eastern and western property lines, the existing parking area has been reduced and there is a 50 foot landscaped buffer with earthen berms.
13. On the north property line, one of the property owners has no objection to the variance. As noted, the existing building will be renovated for use, in part, as a senior citizen community center. The driveway is also pre-existing and was for decades the only means of accessing the rear property. The driveway is several feet below grade to the adjacent property. There is also existing evergreen landscaping and a stone wall between the driveway and the adjacent property. To mitigate any impacts, the applicant will relocate the existing driveway approximately 4 to 6 feet away from the property line. Additional evergreen landscaping will be installed to further reduce any impacts. The existing stone wall will
be maintained. Relocating the existing driveway to the other side of the former restaurant building would place the driveway near an existing pond and Army Corps wetlands, steep slope areas, and raise other environmental impacts.
14. The Board also notes that the Local Law restricts the use to primarily senior citizen housing. The Local Law also limits the project to 86 units which is far less than the amount otherwise permitted in a Multiple Residence zone. A senior residential use will also not generate the car trips, noise and other impacts typically associated with an unrestricted Multiple Residence use.
15. Board further notes that at least 4,000 square feet of the existing building will be reserved for senior citizen activities during mostly day time hours. In contrast, the more intense restaurant and banquet use occurred mostly in the evening.
16. The plan also preserves existing water features, slope areas, and open space. The plan includes extensive internal pedestrian access and will use "green roofs" on garages to promote environmental protection. The lighting plan also indicates 0.1 candle power values at the property line.
17. Based upon these facts and the record, the Board finds that the variances should be granted.
In granting this decision, the Board imposes the following conditions:
(A) Adherence to the amended plans dated January 25, 2007, and last amended March 12, 2007
(B) Construction hours: M-F 7AM-6PM; Sat 9AM-5PM; Sun None
(C) Compliance with Local Law No. 3 of 2006
(D) Prior to the issuance of a building permit, the applicant and the 20 West developer shall agree upon details of the required water pump station and related facilities. Any agreement is subject to the Water Department's final review and approval
(E) Town Highway Department review and approval of access to French's Mills Road
(F) Final review by TDE of Stormwater Pollution Prevention Plan
(G) Albany County Health Department review and approval of pool and food preparation facilities, water supply, waster water discharge, and other required permits
(H) Adherence to the Erosion and Sedimentation Control Plan
(I) Coordination of the infrastructure with the proposed Twenty West residential subdivision
(J) DOT approval of any work in the right of way
(K) Prior to the issuance of a certificate of occupancy, a continuous 5 foot wide concrete sidewalk shall be installed as depicted on the plans. As required by paragraph 3 of the Local Law, the sidewalk beyond the property line shall be installed within the State's right of way to connect to the sidewalk on the westerly boundary of the property with tax map no. 39.00-2-6.
(L) The strip of land between properties with tax map no. 39.00-2-5 and tax map no. 39.00- 2-6 shall only be used for emergency vehicles. If an alternative emergency access through the Twenty West development becomes available, this emergency access may be closed if approved by the Fire Department.
(M) The Board reserves the right to require additional landscaping or a fence on the north side of the property to address any remaining negative impacts.
(N) Comply with any remaining unresolved technical issues raised by the town's engineer. Retain the TDE to oversee the implementation of the water and sewer line and the stormwater systems.
The Zoning Administrator is authorized to issue the permits necessary to implement this decision.
If this special use permit and variances are not exercised within 1 year of their issuance, they are hereby declared to be null and void and revoked in their entirety.
Motion seconded by Sharon Cupoli. Vote 7 - 0.
MATTER OF OMNIPOINT - 300 WORMER ROAD
Chairman Barber stated that prior to this hearing, the Board had appointed Rob Osterhoudt of Boswell Engineering as the TDE on this application.
Chairman Barber 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/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
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of March, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 14, 2007"
The file consists of the mailing list to 182 neighboring property owners, correspondence from the TDE dated 3-19-07 along with a response from the applicant's attorney dated 3-21-07 and numerous submittals from the applicant.
James Whitcomb, attorney for Omnipoint Communications, presented the case. Mr. Whitcomb stated that they are requesting a 10' tower extension at the Albany Country Club site on an existing monopole. Mr. Whitcomb stated that in addition to the putting the tower extension, there will be a set of boom antennas with two antennas per sector. There would be a relatively minor change to the ground area in that they will be excavating to install a concrete pad with 3 equipment cabinets. Mr. Whitcomb stated that they have submitted photo simulations and stated that the effect on the view shed in the area is relatively minimal. Mr. Whitcomb stated that they are proposing an 8' fence because that fence would be in accord with the fence that is there now; and it also provides maximum screening and
security for the cabinets. Mr. Whitcomb stated that they did not do propogations on alternative sites because the alternative sites are too far away.
Mr. Nugent reviewed the propogation maps. Mr. Nugent stated that they are requesting to raise the antenna so it would be above the tree line for better rf energy.
Mr. Whitcomb stated that the TDE has said that the materials submitted do indicate the need for this particular site.
Chuck Klaer questioned why the golf course needed this coverage when Guilderland Center seemed to be lacking in coverage.
Mr. Whitcomb replied that there are residential neighborhoods in the area that would be served by this site as well. The tower is there and they are trying to adhere to the Town Code's preference to collocate on an existing tower.
Chairman Barber asked about the structural report as provided by their engineer which reported some problems.
Mr. Whitcomb replied that he is also proposing a solution.
Chairman Barber replied that the Zoning Board would not give an approval based upon some subsequent condition being met; they want to make certain that the TDE has reviewed it and has signed off. One of the elements in the Town Code is structural integrity so the Board has to make sure that is being addressed.
Mr. Whitcomb stated that they are not sure that they understand the comment from the TDE because while saying that the tower does not currently meet structural integrity their engineer has proposed a number of plans to improve the structural integrity.
Chairman Barber stated that one of the requirements for the applicant is an engineers report certifying that the proposed shared use will not diminish the structural integrity and that is exactly what their engineer is saying.
Mr. Whitcomb replied that the report states that only after reinforcing is installed and approved for the attached rungs will the monopole meet the requirements and they are proposing to make the structural revisions.
Chairman Barber stated that the calculations seem to be based upon an existing 100' tower.
Chairman Barber stated that if there are structural issues, their engineer should be discussing them with the TDE to make sure he can review what they are proposing and so that he can make the determination on structural integrity.
Rob Osterhoudt, TDE, stated that their structural engineer has reviewed the existing plans and proposed modifications and has some concerns. Mr. Osterhoudt stated that it appears that there are some very high stresses and some percentages that were over on the calculations, and they need clarification and additional information on this. Mr. Osterhoudt stated that some of the additional information they also needs relates to the original tower design.
Chairman Barber asked Mr. Osterhoudt if he had any concerns other than the structural issue such as visual impacts, propagation, etc.
Mr. Osterhoudt replied that primarily the issues are structural at this point. The tower is fairly well screened at that location based on the topography and the vegetation. Mr. Osterhoudt stated that this would provide the applicant with a marked improvement in coverage.
Chairman Barber asked if there was anything other than the tower itself that he was concerned with structurally.
Mr. Osterhoudt replied that part of the additional information that they are looking for is information on the foundation. Mr. Osterhoudt replied that the structure is already 16 years old so with that there needs to be an assessment of the existing conditions.
Peter Glenck of 379 Wormer Road stated that since the Cingular antennas were added to the tower his Verizon service has not worked properly. Mr. Glenck asked what would happen when another set of antennas are added to the tower as far as his cell phone service and also his radar detector and also questioned where they would be placing the new equipment pad.
Chairman Barber replied that it appears that the proposed fence compound is going to be on the southeast side.
Jim Sumner had concerns regarding the corrosion of the anchor bolts.
Mr. Whitcomb stated that it could be a condition of the approval that these issues are addressed.
Chairman Barber stated that structural reinforcements sometimes lead to visual impacts so the Board needs to see what they are approving.
Chairman Barber asked Mr. Whitcomb if he knew why someone who is a Verizon subscriber would be impacted by the siting of a Cingular facility.
Mr. Nugent replied that there are a few things that could cause this but it should be able to be taken care of with maintenance.
Chairman Barber made a motion to continue this public hearing until April 18th and have the structural issues resolved. Motion seconded by Sharon Cupoli.
The Board approved the minutes of January 17, 2007 as submitted.
SIGNS:
The Board approved a temporary banner for Rite Aid (former Eckerd) at 20 Mall for 30 days.
The meeting adjourned at 8:50pm.
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