TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JULY 18, 2007
Members Present Absent:
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Peter Barber, Chairman Patricia Aikens Chuck Klaer Mike Marcantonio Susan Macri Tom Remmert, Alternate James Sumner Janet Thayer, Counsel Sharon Cupoli
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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 STEVEN AND SUE VANDERWARKER - 5561 GARDNER RD
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. 4019
Request of Steven and Susan Vanderwarker for a Variance of the regulations under the Zoning Law to permit: the construction of a 24' x 32' attached garage to an existing single-family dwelling. An 8' side yard setback is required, 7.2' is proposed; a variance of 0.8' is requested.
Per Articles IV & V Sections 280-31 and 280-51 respectively
For property owned by Steven and Susan Vanderwarker
Situated as follows: 5561 Gardner Road Altamont, NY 12009
Tax Map #60.00-1-16 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of July, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 10, 2007"
The file consists of the mailing list to 16 neighboring property owners, the Town's required forms for this area variance, Albany County Planning Board's recommendation of June 21, 2007, the Town Planner's comments, a narrative and a sketch which depicts the proposed location.
Albany County Planning Board's recommendation of 6/21/07 was to defer to local consideration.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a garage on a preexisting undersized lot that will encroach slightly into the required side yard. No planning objections."
Sue and Steve Vanderwarker, applicants, presented the case.
Chairman Barber stated that this seemed very straightforward and that the applicants needed a very minor variance.
Mr. Vanderwarker stated that the lots are very narrow and long.
Chairman Barber asked if any of the neighbors had spoke to them regarding the application.
Mr. Vanderwarker stated that they had spoke to the neighbor on that side and they did not have any objection.
Chuck Klaer asked if they would still have access to the rear of the property if they needed heavy equipment in to repair a septic system.
Mr. Vanderwarker stated that there currently is a single car detached garage and the new garage will not go any further than the outside wall of the existing garage. Mr. Vanderwarker stated that they do have access through their neighbor's lots also.
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. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4019
Request of Steven and Susan Vanderwarker for a Variance of the regulations under the Zoning Law to permit: the construction of a 24' x 32' attached garage to an existing single-family dwelling. An 8' side yard setback is required, 7.2' is proposed; a variance of 0.8' is requested.
Per Articles IV & V Sections 280-31 and 280-51 respectively
For property owned by Steven and Susan Vanderwarker
Situated as follows: 5561 Gardner Road Altamont, NY 12009
Tax Map #60.00-1-16 Zoned: RA3
The Board makes the following findings of fact in support of this decision:
A public hearing was duly noticed and there were no comments received at the hearing.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Albany County Planning Board's decision of June 21, 2007 was defer to local consideration.
The Town Planner had no objection to the application.
The Board further finds that this is a preexisting undersized lot with a very narrow width and the requested variance is less than a foot.
The variance is diminimous and there will no negative impacts upon the neighborhood or on neighboring properties.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted with the application.
Construction hours shall be limited to the following hours: 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 Sue Macri. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chuck Klaer stated that he was concerned and that narrow lot owners should maintain access to infrastructures such as septic, etc. in their back yards.
Chairman Barber stated that he recognized the concern that he was raising and stated that in the context of an area variance, he did not feel it was an issue as the neighbors had no problems with the variance.
MATTER OF ROCCO PEZZULO - 20 HUNGERFORD 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 & V of the Zoning Law on the following proposition:
Variance Request No. 4020
Request of Rocco Pezzulo for a Variance of the regulations under the Zoning Law to permit: the construction of an uncovered porch in a required front yard. A 15' front yard setback is required for an uncovered porch; 10' is proposed, a 5' variance is requested.
Per Articles III, IV & V Sections 280-14, 280-31 and 280-51 respectively
For property owned by Rocco and Maria Pezzulo
Situated as follows: 20 Hungerford Road Albany, NY 12203
Tax Map #52.18-2-12 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of July, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 10, 2007"
The file consists of the mailing list to 30 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative and a depiction of the proposed location of the porch.
The Town Planner had the following comments: "The applicant has applied for an area variance to construct a porch that will encroach 5' into the required front yard setback. No planning objections."
Maria Pezzulo, applicant, presented the request.
Chairman Barber asked if they were replacing an existing porch.
Mrs. Pezzulo replied that they were replacing a small porch which was falling apart and looking to replace it with a bigger porch.
Chairman Barber asked if there would be any landscaping.
Mrs. Pezzulo replied that there would be landscaping in front of the proposed porch. Mrs. Pezzulo stated that they had talked to some of their neighbors and they did not have a problem with the proposal. Mrs. Pezzulo presented a letter to the Board signed by the neighbors who had no objection to the proposed porch.
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. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4020
Request of Rocco Pezzulo for a Variance of the regulations under the Zoning Law to permit: the construction of an uncovered porch in a required front yard. A 15' front yard setback is required for an uncovered porch; 10' is proposed, a 5' variance is requested.
Per Articles III, IV & V Sections 280-14, 280-31 and 280-51 respectively
For property owned by Rocco and Maria Pezzulo
Situated as follows: 20 Hungerford Road Albany, NY 12203
Tax Map #52.18-2-12 Zoned: R15
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held this evening. The Board did receive a letter from a number of neighbors in support of the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objection to the proposal.
The Board further finds that this is an undersized preexisting lot and that the porch will be uncovered and replaces an existing concrete 5' x 10' deck. The porch will enhance the appearance of the house.
Additional landscaping will be installed.
The granting of this variance will not have any impact upon 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 required landscaping should be reviewed and approved by the Zoning Administrator.
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 7 - 0. (Cupoli absent, Remmert alternate)
MATTER OF MELINDA WALDRON - 2 COUNTRY 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 III & V of the Zoning Law on the following proposition:
Variance Request No. 4021
Request of Melinda Waldron for a Variance of the regulations under the Zoning Law to permit: the installation of a six foot high privacy fence in a required front yard on a corner lot.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Melinda Waldron
Situated as follows: 2 Country Road Albany, NY 12203
Tax Map #52.19-3-37 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of July, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 10, 2007"
The file consists of the mailing list to 31 neighboring property owners, the Town's required forms for an area variance, the Albany County Planning Board's recommendation on 6-21-07, the Town Planners comments, a narrative and a sketch of the proposed location on the property.
The Albany County Planning Board's recommendation of 6-21-07 was modify local approval to include review by the ACDPW for sight distance impacts to CR204 (Schoolhouse Road).
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a fence within the front yard of a corner lot along Schoolhouse Road. The proposed fence would run parallel to the existing sidewalk. No planning objections however the proposed fence should maintain a distance of at least 5' from the existing sidewalk."
Melinda Waldron, applicant, presented the case. Ms. Waldron stated that the fence was basically for the safety of her children, a developmentally disabled 6 year old and a 13 month old and to keep neighbors from looking into their yard. Ms. Waldron stated that there was also a barrier of junipers outside the fence.
Chuck Klaer asked about the neighbors across the street and having to deal with the 10' high barrier.
Ms. Waldron stated that they cannot really see anything at this point except back of houses because of the retaining wall being so high.
There was discussion regarding the type and height of the fencing and the placement of the fence.
Chairman Barber asked if there were any questions or comments from the residents. Two neighbors were in favor of the application. Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 7 - 0. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4021
Request of Melinda Waldron for a Variance of the regulations under the Zoning Law to permit: the installation of a six foot high privacy fence in a required front yard on a corner lot.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Melinda Waldron
Situated as follows: 2 Country Road Albany, NY 12203
Tax Map #52.19-3-37 Zoned: R15
This decision is granted based upon the following findings of fact:
A public hearing was duly noticed and that two residents were present in support of the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Albany County Planning Board's recommendation was notification to ACDPW regarding sight distance along Schoolhouse Road.
The Town Planner had no objections.
The Board further finds that the applicant represents that the fence is needed to provide safety for a disabled child.
This is a corner lot on Schoolhouse and Country Road and has two front yards.
The fence will be located six to eight feet behind an existing retaining wall and has some juniper bushes between the wall and where the fence is to be located.
The placement of this fence will not cause any sight line problems along Schoolhouse Road given the fact that that there already is a retaining wall there and that this fence is 6 to 8' behind the retaining wall.
The granting of this variance will not cause 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 by the applicant.
As required by Albany County Planning Board, review by the ACDPW for sight distance along Schoolhouse Road.
The applicant shall work with the Zoning Administrator in terms of landscaping and the placement and style of the fence to enhance the aesthetic appearance.
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 7 - 0. (Cupoli absent, Remmert alternate)
MATTER OF ALAN GORDON - 2014 DOBIE LANE
Pat Aikens 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. 4023
Request of Alan Gordon for a Variance of the regulations under the Zoning Law to permit: the placement of a single story garden shed/pool house in a required front yard on a corner lot. This proposed structure will be placed as part of an inground swimming pool enclosure. The building will be placed 25' from the front property line. A 17' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Alan Gordon
Situated as follows: 2014 Dobie Lane Schenectady, NY 12303
Tax Map #15.19-5-60 Zoned: RO30
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of July, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 10, 2007"
The file consists of the legal notice with mailing to 38 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative and a plot plan depicting the enclosure, the pool and the proposed shed.
The Town Planner had the following comments: "The applicant is requesting an area variance to place an accessory shed within a front setback of a corner lot. The shed will be located within the pool enclosure and not impact any sight lines. No planning objection."
Alan Gordon, applicant, presented the request.
Chairman Barber stated that it appears that the applicant is trying to incorporate the shed into the enclosure.
Mr. Gordon stated that is correct.
Chairman Barber stated that there is nowhere else to place the shed given the pool and the pool infrastructure.
Mr. Gordon replied that there is no other location that they could put the shed. Mr. Gordon stated that they are incorporating the shed into the fence, it will be landscaped and will match the existing house.
Jim Sumner asked if there would be any outside entrance to the shed.
Mr. Gordon replied that there would not be, the only entrance would be inside the fence.
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. (Cupoli absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4023
Request of Alan Gordon for a Variance of the regulations under the Zoning Law to permit: the placement of a single story garden shed/pool house in a required front yard on a corner lot. This proposed structure will be placed as part of an inground swimming pool enclosure. The building will be placed 25' from the front property line. A 17' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Alan Gordon
Situated as follows: 2014 Dobie Lane Schenectady, NY 12303
Tax Map #15.19-5-60 Zoned: RO30
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 planning objections.
The Board further finds that this is a corner lot creating two front yards.
As determined by the Zoning Administrator, the only location for this shed/poolhouse is where it is proposed by the applicant.
To locate the shed elsewhere on the property would impact an existing berm and a mature line of trees.
The shed is approximately 25' from the edge of the property line.
The shed both in terms of color and shutters will match the existing house and as a result there will not be a 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.
The applicant shall work with the Zoning Administrator in terms of landscaping any impacts by the placement 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 7 - 0. (Cupoli absent, Remmert alternate)
MATTER OF REBECCA REED - 200 FOSTER LANE
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 III & V of the Zoning Law on the following proposition:
Special Use Permit/Variance Request No. 4013
Request of Rebecca Reed for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the operation of a non-commercial kennel to allow for the breeding of great danes. A variance is requested to allow the placement of dog runs closed to adjoining residences than 300'.
Per Articles III & V Sections 280-24.1 and 280-51 & 52 respectively
For property owned by Rebecca Reed
Situated as follows: 200 Foster Lane Guilderland Center, NY 12085
Tax Map #38.00-5-16 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of July, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 11, 2007"
The file consists of the legal advertisement with mailing to 19 neighboring property owners, the Town's required forms for a Special Use Permit and a Variance, the Town Planners comments, the Short Environmental Assessment Form, the Town Planning Board's site plan review, a letter from Donna Reed of 100 Foster Lane objecting to the kennel, a letter from John Overbeck and Donna Crego voicing their concerns regarding the noise, a letter from Sue Greene objecting to the request, a narrative, an aerial depiction of the proposed kennel and photographs of the site.
The Town Planner had the following comments: "The applicant has requested a Special Use Permit to allow a non-commercial kennel for the breeding of her dogs. The parcel is 7 acres with the perimeter being heavily wooded. Except for two residential neighbors along Frenchs Mill Road, the bordering lands contain Keenholts Park, the Town's animal shelter, the Town Highway Garage and the Heldeberg Reformed Church. No planning objections."
The Town Planning Board's site plan review of May 23, 2007 was to approve with no conditions or suggestions.
Rebecca Reed, applicant, presented the case.
Chairman Barber asked how far her kennel operation would be from the closest residence.
Ms. Reed stated that from the property line it is approximately a little less than 100' but the house is beyond that; so it would be approximately 275'.
Ms. Reed gave a brief explanation of the kennel operation. She stated that basically she has three generations of great danes and on occasion there will be a litter of great danes that she will place.
Chairman Barber asked if she has ever had any problems with the animal control officer.
Ms. Reed stated that there was one complaint made.
Chairman Barber asked if she had any dealing with Sue Greene, former animal control officer.
Ms. Reed stated that she did not know who Sue Greene was.
Chairman Barber stated that the definition of a kennel states it may not be operated within 300' of a residence and it appears that this kennel is within 300' of a residence. Chairman Barber asked if this would be an area variance or a use variance.
Counsel Thayer stated at first it would seem like an area variance because you are talking about distance but she stated that it really is a use issue.
Chairman Barber stated that if it is a use variance, the Board needs to find a site on the property where the kennel could operate where it would be at least 300' away from a residence. The proposed location at this time is not 300' from a residence.
Counsel Thayer asked the applicant how many adult dogs she had.
Ms. Reed replied nine; her oldest one is 13, she has two others that are 10 and 11, and has three that are 5 and three younger.
Chairman Barber asked Don Cropsey if the Zoning Board has limited the number of dogs allowed for kennels.
Don Cropsey replied that as far as the "pet category", the Board has restricted it to three or four. Don stated that this case is a pet/breeding facility and is different from other cases that have been before the Board.
Chairman Barber suggested continuing the case to address the legal issue as to whether this is a use variance or an area variance and if it is a use variance, then the Board needs to determine whether there is a place on site where the kennel can be operated where it is 300' from any neighboring residence.
Chairman Barber asked if there were any questions or comments from the residents.
Counsel Thayer asked Don Cropsey if he had an opportunity to go to the property and measure to see if it was 300' from a residence.
Don Cropsey replied that he did not have a chance to measure but had been to the site.
Chairman Barber made a motion to continue this case to September 5, 2007 to determine the legal issue as to whether this is an area variance or a use variance and to have the applicant work with the Zoning Administrator to see if the kennel could be cited somewhere on the property which is 300' away from the closest residence. Motion seconded by Sue Macri. Vote 7 - 0. (Cupoli absent, Remmert alternate)
The case of John and Linda Moran was adjourned to the next meeting.
SIGNS:
The Board approved a 25sf freestanding identification sign for Adirondack Tire at 1610 Western Avenue. Vote 7 - 0. (Cupoli absent, Remmert alternate)
The Board discussed a sign for Inferno Pizzeria and decided that it was not consistent with the other signs in this plaza. The Board continued the sign application to give the applicant a chance to conform to the other signs in the plaza. Vote 7 - 0. (Cupoli absent, Remmert alternate)
OTHER:
The Board discussed the modification to the façade of Key Bank located at Rt. 155 and Rt. 20 and decided that the applicant needs to apply for an amendment to their Special Use Permit. Chairman Barber made a motion to have this matter considered an amendment to their Special Use Permit. Motion seconded by Sue Macri. Vote 7 - 0. (Cupoli absent, Remmert alternate)
The meeting adjourned at 8:45pm.
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