TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
DECEMBER 5, 2007
Members Present Members Absent
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Peter Barber, Chairman Sharon Cupoli Chuck Klaer Mike Marcantonio Susan Macri Allen Maikels Tom Remmert, Alternate Janet Thayer, Counsel James Sumner
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_______________________________________________________________________
Chairman Barber opened the meeting and pointed out the emergency exits to the left and rear of the room in the event they were needed.
CONTINUED CASES:
MATTER OF CLEARWIRE US, LLC – 4 TOWER PLACE
Chairman Barber stated that since the last public hearing the Board has received the following additional materials: a letter dated 11-21-07 from The Murray Law Firm which included a structural report for the Executive Park rooftop and a letter from Boswell Engineering dated December 4, 2007 indicating that they have reviewed the materials submitted by the applicant and found that they warranted approval.
Jackie Phillips Murray presented the case on behalf of the applicant. Ms. Phillips Murray gave a brief overview of the project. She stated that they had provided a structural report stating that the rooftop has adequate structural capacity to support their installation as proposed.
Chairman Barber asked if there was a study done showing how all three facilities discussed tonight would cover the town.
Steve Elsbree stated that the coverage was shown for the Willey Street water tank and the Tower Place tower.
Chairman Barber asked if there would be any gaps in coverage in the Town of Guilderland after all three sets of antennas are installed.
Steve Elsbree replied that there is one site at or near the intersection of Rt. 155 and Rt. 20.
Chairman Barber asked why this type of facility is covered by the Telecommunications Act of 1996.
Ms. Phillips Murray replied that pursuant to the Telecommunications Act of 1996 the provisions that are relevant to citing wireless telecommunications facilities apply to a personal wireless service facility. Personal wireless services are defined under the Telecommunications Act to mean commercial mobile services. A commercial mobile service is defined in Section 153 §37 to include a radio communication service carried on between mobile stations or receivers. Ms. Phillips Murray stated that the services that are provided by Clearwire include wireless internet and telephone services over the internet so they fall squarely within the definition of mobile services.
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. (Sumner absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application to determine whether the granting of this application to Clearwire US LLC for the placement of antennas on the rooftop at Tower Place would have a significant negative impact upon the environment. This review consisted of the comments provided to us by the Town Planner, the applicant and the review by the TDE. Based upon those comments and review this Board moves that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4052
Request of Steven Elsbree as Agent for Clearwire US LLC for a Special Use Permit under the Zoning Law to permit: the placement of telecommunication antennas and a 7' x 7' equipment cabinet on the rooftop of an existing office building located in Executive Park.
Per Articles IV & V Sections 280-37 and 280-52 respectively
For property owned by Stuyvesant Plaza, Inc.
Situated as follows: 4 Tower Place Albany, NY 12203
Tax Map #52.04-2-1 Zoned: LB
In granting this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and no residents provided either written or oral comments.
This Board adopted a negative declaration under SEQRA by a unanimous vote.
The Town Planner had no objections.
The Board appointed Boswell Engineering to review certain aspects of this application.
This is governed by the Telecommunications Act of 1996. The first question is whether or not a gap in service has been established. Based upon the review of the propagation studies of both post and pre-installation the Board finds that a gap in service is intended to be served by this facility. As for least intrusive means, the Board notes that the Town Code prefers collocation or shared facilities in lieu of a new tower. Also note that this is an allowed use in within a LB zone.
Given the height of the facility at over 44.8 meters and the power of the emissions, the facility is categorically excluded as not likely to cause exposure in excess of FCC guidelines.
Boswell Engineering provided us with a report on December 4, 2007 in which they reviewed the structural materials provided by C & S Engineers including the calculations of both wind and ice load and determined that it meets applicable engineering standards.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this 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 Sue Macri. Vote 7 – 0. (Sumner absent, Remmert alternate)
MATTER OF CLEARWIRE US LLC – 37 WILLEY STREET
Chairman Barber stated that since the last hearing they have received a letter dated November 21, 2007 from the Murray Law Firm which included locations from which a field study of cumulative pre and post installation radio frequency emissions will be performed, a structural report and a letter dated December 4, 2007 from Boswell Engineering, the TDE which analyzed both the radio frequency calculations and has recommended approval of the application.
Jackie Phillips Murray gave a brief overview of the application. Ms. Murray stated that a maximum permissible exposure report has been submitted previously and as a courtesy they will be doing a test after a building permit is issued of the pre and post cumulative emissions from two locations; 56 Gipp Road and the Western Turnpike Rescue Squad.
Chairman Barber asked if there would be any lights or generators.
Mr. Elsbree replied "no".
Chairman Barber stated that the Town Board has this case on their agenda tomorrow night for a lease so any approval given by the ZBA would have to be conditioned upon the lease approval from the Town Board.
Chairman Barber asked if there were any questions or comments regarding the application. Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application to determine whether the granting of this application to Clearwire US LLC for the placement of antennas on the Willey Street water tower would have a significant negative impact upon the environment. This review consisted of the comments provided to us by the Town Planner, the applicant and the review by the TDE. Based upon this collective information this Board moves that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4053
Request of Steven Elsbree as Agent for Clearwire US LLC for a Special Use Permit under the Zoning Law to permit: the collocation of telecommunication antennas on an existing municipal water tower. Also included is the placement of a 7' x 7' equipment cabinet at the base of the tower.
Per Articles IV & V Sections 280-37 and 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
In granting this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and two residents provided oral comments regarding the application.
This Board adopted a negative declaration under SEQRA by a unanimous vote.
The Town Planner had no objections to the request.
The Board appointed Boswell Engineering as TDE to review the structural integrity, assess the need for the facility and any visual impacts.
The Board further finds that this facility is governed by the Telecommunications Act of 1996 and requires the Board to analyze the application under two criteria: 1) Is there a demonstrated need for this facility? Propagation studies of both pre and post installation show a gap in service which will be satisfied by the proposed installation and 2) Is this the least intrusive means of providing this service? The Board notes that the Town Code prefers collocation or sharing of existing sites. As confirmed by the TDE, given the height of the antenna, being in excess of 10 meters, the fact that the facility is a personal communication service and is not mounted on a building and the facility is categorically excluded from further inquiry regarding RF analysis. However, the applicant has agreed
to allay any concerns that there may be by assessing the site both in terms of pre and post cumulative effects.
The Board also notes that the proposed antenna at 110' will be below the 140' height of the existing tower and is blocked in part by existing foliage and will have a minor visual impact when compared to the tank itself.
The Board also notes that Boswell Engineering has reviewed the materials submitted and determined that the proposed method of attaching the antennas to the water tower is structurally sound.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
There will be no lights or generators on the facility.
The applicant has agreed to provide a pre and post installation field study of the cumulative effects of the radio frequency emissions as measured at the residence at 56 Gipp Road and at the Western Turnpike Rescue Squad. The study will be reviewed by Boswell Engineering and will be filed with the Town.
This is conditioned upon the approval by the Town Board for the lease of this facility.
The applicant's engineer shall provide certification that the facility was installed in conformance with the plans as submitted.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this 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 Sue Macri. Vote 7 – 0. (Sumner absent, Remmert alternate)
MATTER OF CLEARWIRE US LLC – 3045 LONE PINE ROAD
Chairman Barber stated that since the last hearing they have received a letter dated November 21, 2007 from the Murray Law Firm which included locations from which a field study of cumulative pre and post installation radio frequency emissions will be performed and a letter dated December 4, 2007 from Boswell Engineering, the TDE indicating he had reviewed the materials submitted by the applicant and concurring with the power density radio frequency calculations as prepared by James Cornelius.
Jackie Phillips Murray gave a brief overview of the application. Ms. Phillips Murray stated that they have agreed to provide field studies of pre and post construction cumulative emissions from three geographic locations; the Ft. Hunter Dire Department, Jennifer Court and Pine Bush Elementary School. Ms. Murray stated that the proposed antennas will not increase the height of the existing water tank facility and will have minimal impact.
Chairman Barber asked if they could do a field study from 3015 Patrick Road.
Ms. Murray stated that they would and would submit a revised map for the record.
Chairman Barber stated that the ZBA's review in terms of health related issues is very restricted and once an applicant demonstrates that the facility is categorically excluded, they are under no obligation to do any further assessment. This applicant is willing to allay the concerns that were expressed and thanked them for doing so.
Chairman Barber asked if there were any questions or comments from the residents. Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application to determine whether the granting of this application to Clearwire US LLC for the placement of antennas on the Ft. Hunter water tank would have a significant negative impact upon the environment. This review consisted of the comments provided to us by the Town Planner, the public, the applicant and the review by the TDE. Based upon this collective information this Board moves that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4054
Request of Steven Elsbree as Agent for Clearwire US LLC for a Special Use Permit under the Zoning Law to permit: the collocation of telecommunication antennas on an existing municipal water tower. Also included is the placement of a 7' x 7' equipment cabinet at the base of the tower.
Per Articles IV & V Sections 280-37 and 280-52 respectively
For property owned by Town of Guilderland
Situated as follows: 3045 Lone Pine Rear Schenectady, NY 12303
Tax Map #27.06-1-63 Zoned: RO30
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and two residents provided oral comments regarding the application.
This Board adopted a negative declaration under SEQRA by a unanimous vote.
The Town Planner had no objections to the request.
The Board appointed Boswell Engineering as TDE to review the structural and RF emissions standards reported by this application.
The Board further finds that this facility is governed by the Telecommunications Act of 1996 and requires the Board to analyze the application under two criteria: 1) Is there a demonstrated need for this facility? Propagation studies of both pre and post installation
show a gap in service which will be satisfied by the proposed installation and 2) is this the least intrusive means of providing this service? The Board notes that the Town Code prefers collocation or sharing of existing sites. The proposed antenna at an 80' level of a 110' water tower, which is also obscured in part by vegetation, has a minor visual impact compared to the actual tower itself. The Board also notes that the application seems to be categorically excluded from further RF emission review based upon the fact that it is installed at a height in excess of 10 meters. This is a personal communication service and is not building mounted.
The Board also notes that Boswell Engineering has reviewed the materials submitted and determined that the proposed method of attaching the antennas to the water tower is structurally sound.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
There will be no lights or generators on the facility.
The applicant has agreed to provide a pre and post installation field study of the cumulative effects of the radio frequency emissions as measured at the following locations: 3015 Patrick Road, the Pine Bush Elementary School and at the Ft. Hunter Fire Station. The study will be reviewed by Boswell Engineering and will be filed with the Town.
This is conditioned upon the approval by the Town Board for the lease of this facility.
The applicant's engineer shall provide certification that the facility was installed in conformance with the plans as submitted.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this 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. (Sumner absent, Remmert alternate)
MATTER OF GENETIC COMPUTERS – 2244 WESTERN AVENUE
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. 4060
Request of Robert Semonchik for a Variance of the regulations under the Zoning Law to permit: the placement of a freestanding identification sign within a required 20' front yard setback.
Per Articles IV & V Sections 280-26 and 280-51 respectively
For property owned by Robert and Kristin Semonchik
Situated as follows: 2244 Western Avenue Guilderland, NY 12084
Tax Map #40.17-3-9 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of December, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: November 20, 2007"
The file consists of the mailing list to 10 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, some depictions of the proposed sign and nearby properties and the Albany County Planning Board's notification of 11-15-07.
The Town Planner had the following comments: "The applicant is requesting an area variance to place a sign that will encroach 2' into the required 20' setback. This is a replacement sign that physically cannot be placed outside the setback and will cause no sight distance problems. No planning objections."
Albany County Planning Board's recommendation of 11-15-07 was: "Modify local approval to include: local officials should check with NYSDOT on the location of the ROW for Rt. 20. Signs should be kept on private property."
Robert Semonchik, applicant, presented the case. Mr. Semonchik stated that they are limited as to the placement of the sign and he submitted pictures of neighboring signs as well.
Don Cropsey stated that he would check with NYSDOT on the location of the sign.
Chairman Barber asked about lighting.
Mr. Semonchik replied that the sign is not lit but would like the option of putting up solar lighting in the future.
Don Cropsey stated that would be fine as long as it does not create glare onto Western Avenue.
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. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4060
Request of Robert Semonchik for a Variance of the regulations under the Zoning Law to permit: the placement of a freestanding identification sign within a required 20' front yard setback; requiring a variance of approximately 2'.
Per Articles IV & V Sections 280-26 and 280-51 respectively
For property owned by Robert and Kristin Semonchik
Situated as follows: 2244 Western Avenue Guilderland, NY 12084
Tax Map #40.17-3-9 Zoned: BNRP
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and there were no oral or written comments received regarding the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Albany County Planning Board asked this Board to confirm that the sign will not be located in the DOT right-of-way.
The Town Planner had no planning objections.
The Board further finds that given the proximity of the structure to Rt. 20 there is a very limited space in which to place a sign. The placement of the sign cannot avoid the front yard setback.
The sign appears to be consistent with other commercial signs within the neighborhood and on that side of Rt. 20.
The placement of the sign does not appear to cause any sight distance problems and does not appear to be placed within DOTs right-of-way but will have Don Cropsey confirm that.
The approximate two-foot variance is not substantial and there will be no negative impact upon the quality or character of the neighborhood.
The Board also approves of the sign permit application conditioned upon the submission of any forms and fees to complete that application and if any lighting is installed, it will not cause any sort of glare or impacts upon the traffic on Rt. 20 or onto neighboring properties.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
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. (Sumner absent, Remmert alternate)
MATTER OF ROY BARRINGER – 140 SCHOOLHOUSE ROAD
Al Maikels 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. 4059
Request of Roy and Theresa Barringer for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the use of 1367+/-sf of space within a dwelling under construction as an in-law apartment. A variance is requested to allow proposed in-law apartment to exceed a maximum allowed area of 750sf.
Per Articles III & V Sections 280-14 and 280-51 & 52 respectively
For property owned by Roy and Theresa Barringer
Situated as follows: 140 Schoolhouse Road Albany, NY 12203
Tax Map #63.07-2-5 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of December, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: November 20, 2007"
The file consists of the mailing list to 41 neighboring property owners, the Town's required forms for a Special Use Permit for an in-law apartment, a Short Environmental Assessment Form for an Unlisted Action, the Town Planning Board's site plan review of 10-24-07 recommending approval, the Town Planners comments, a narrative and plot plans of the property.
The Town Planner had the following comments: "The applicant has applied for a special use permit to include an in-law apartment in a residence under construction. There is not much information in the file but as long as the unit meets the conditions of the accessory apartment law and there is adequate off-street parking, I have no objections."
Roy Barringer of 140 Schoolhouse Road, applicant, presented the case.
Chairman Barber asked if he was aware of the requirements for an in-law apartment.
Mr. Barringer replied "vaguely".
Chairman Barber asked if they would be occupying the main dwelling.
Mr. Barringer replied that they were.
Chairman Barber asked if the apartment was going to be occupied by a family member.
Mr. Barringer replied that his mother and father-in-law would be living there.
Chairman Barber stated that they would need to file a deed in the Albany County Clerk's Office and provide the Town with a copy indicating that the property has an in-law apartment in it and that is restricted by the Town code.
Chairman Barber stated that once the conditions for an in-law apartment are no longer satisfied, the Town Code requires the removal of all kitchen related equipment from the site.
Chairman Barber stated that it appeared that there was enough parking for the main residence and the in-law apartment.
Mr. Barringer replied that was correct, there is plenty of room for parking.
Chairman Barber stated that the reason for the variance was that the apartment was over 750sf. Chairman Barber asked how large the house was.
Mr. Barringer replied that it is 4483sf and the in-law apartment would be 1367sf.
Chairman Barber asked Don Cropsey if he had any issues with the size of the in law apartment.
Don Cropsey replied that he did not; it still looks like a single-family home.
Chairman Barber asked if there were any questions or comments from the residents.
Patricia Lamphere of 43 Northgate Drive, a Board member of the Albany Curling Club, spoke in support of the variance.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a review of this application for an in-law apartment at 140 Schoolhouse Road to determine whether the granting of this special use permit would have a negative impact upon the environment. This review consisted of the comments provided by both the Town Planning Board and the Town Planner, the comments provided tonight at the public hearing and the Board's review of this application. Based upon that review, the Board moves that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 4059
Request of Roy and Theresa Barringer for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the use of 1367+/-sf of space within a dwelling under construction as an in-law apartment. A variance is requested to allow proposed in-law apartment to exceed a maximum allowed area of 750sf.
Per Articles III & V Sections 280-14 and 280-51 & 52 respectively
For property owned by Roy and Theresa Barringer
Situated as follows: 140 Schoolhouse Road Albany, NY 12203
Tax Map #63.07-2-5 Zoned: R15
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held this evening. One resident, as a representative of the Albany Curling Club, an adjacent property, stated they had no problem with the request.
This Board adopted a negative declaration under SEQRA by a unanimous vote.
The Town Planning Board's site plan review of 10-24-07 was to recommend without any suggestions or conditions.
The Town Planner had no objections to the request as long as the special use permit requirements for an in-law apartment are met.
The Board further finds that upon the review of the requirements set forth in Town Code Section 280-14C(11) the main dwelling will be owner occupied as represented by the applicant and the apartment will be occupied by a relative.
There is more than adequate space for two additional parking spaces required for an in-law apartment.
While the proposed space exceeds the maximum, it does not appear to be out of character with the size of the building.
This will not have a negative impact upon the environment.
The structure by all appearances will be a single-family home with an entrance in common with the in-law apartment.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
As required by the Town Code, a deed shall be filed with Albany County Clerks Office which indicates that the apartment is occupied by a person or persons related to the homeowner by blood, adoption or marriage and a copy shall be provided to the building department.
There shall be an annual renewal of the in-law apartment with the building department until such time as the use ceases.
Upon cessation of the special use permit, all kitchen-related improvements in the apartment shall be removed.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit/Variance is not exercised within one year of date of issuance, they are hereby declared to be null and void and revoked in their entirety.
Motion seconded by Sue Macri. Vote 7 – 0. (Sumner absent, Remmert alternate)
MATTER OF JAMES SHAHDA – 3 PINE RIDGE DRIVE
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 on the following proposition:
Variance Request No. 4058
Request of James Shahda for a Variance of the regulations under the Zoning Law to permit: the placement of a 10' x 16' storage shed in a side yard.
Per Articles III & IV Sections 280-34 and 280-51 respectively
For property owned by James Shahda
Situated as follows: 3 Pine Ridge Drive Guilderland, NY 12084
Tax Map #40.10-1-8 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of December, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: November 20, 2007"
The file consists of the mailing list to 24 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a narrative, a depiction of the plot indicating the proposed shed site and fencing and some photos of the site.
The Town Planner had the following comments: "The applicant has requested an area variance to place a shed in the side yard because the house is located to the rear of this irregularly shaped lot, there is effectively no other reasonable placement of the shed. No planning objections."
James Shahda, applicant, presented the case.
Chairman Barber stated that this seemed very straightforward. Chairman Barber stated that the house is set so far back that the side yard is the best place and maybe the only place for the placement of the shed. Chairman Barber asked if any of his neighbors had any comments regarding this.
Mr. Shahda stated that his neighbors have indicated that they have no problem with the shed being placed in the side yard.
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. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4058
Request of James Shahda for a Variance of the regulations under the Zoning Law to permit: the placement of a 10' x 16' storage shed in a side yard.
Per Articles III & IV Sections 280-34 and 280-51 respectively
For property owned by James Shahda
Situated as follows: 3 Pine Ridge Drive Guilderland, NY 12084
Tax Map #40.10-1-8 Zoned: R20
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening. No residents provided either written or oral comments.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the request.
The Board notes that this is an irregularly shaped lot and given the placement of the house to the rear of the lot there is no other reasonable alternative for the placement of this shed.
The applicant has spoken to his neighbors who appear to have no objection to the request.
The Board finds that the granting of this variance will not have any negative impact upon the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
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. (Sumner absent, Remmert alternate)
MATTER OF KATHRYN FERNANDEZ – 108 HALFMOON DRIVE
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. 4057
Request of Victor and Kathryn Fernandez for a Variance of the regulations under the Zoning Law to permit: the construction of an 8' x 12' storage addition to an existing two-car garage within a required side yard. A 20' side yard setback is required; 16'9" is proposed, a 3'3" variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Victor and Kathryn Fernandez
Situated as follows: 108 Halfmoon Drive Altamont, NY 12009
Tax Map #39.15-1-58 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of December, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: November 20, 2007"
The file consists of the mailing list to 22 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a depiction of the proposed addition on a plot plan of the property, a narrative, and a letter from the Windmill Estates Homeowners Association indicating that they reviewed the proposed plans for the addition and they approve of the project.
The Town Planner had the following comments: "The applicant has applied for an area variance to construct an addition to an attached garage that will encroach a little over three feet into the required side yard. No planning objections."
Kathryn Fernandez, applicant, presented the case.
Chairman Barber asked if there was any consideration given to placing this off the back of the house.
Ms. Fernandez replied that the back of the house has an addition and a deck and is completely fenced for her pets.
Chairman Barber asked if they just considered getting a shed instead of the addition.
Ms. Fernandez replied that she already has a shed. Ms. Fernandez stated that she wanted this attached to the garage so that she could store items there and the shed that she has now would be considerable walking as she just had surgery.
Chairman Barber stated that he just wanted to make sure that she had looked at other alternatives.
Ms. Fernandez stated that she had. Ms. Fernandez stated that this will be attached and will appear to be part of the house.
Chairman Barber stated that the property to the left of the house is owned by the Homeowners Association and is considered open space.
Ms. Fernandez stated that she had also spoken to some of her neighbors and they did not have any problem with the request.
Chairman Barber asked if there were any questions or comments from the residents. There were none. Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4057
Request of Victor and Kathryn Fernandez for a Variance of the regulations under the Zoning Law to permit: the construction of an 8' x 12' storage addition to an existing two-car garage within a required side yard. A 20' side yard setback is required; 16'9" is proposed, a 3'3" variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Victor and Kathryn Fernandez
Situated as follows: 108 Halfmoon Drive Altamont, NY 12009
Tax Map #39.15-1-58 Zoned: R20
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening. No residents provided oral comments but we did receive a letter from the Windmill Estates Homeowners Association indicating that they approve of the request.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the request.
The Board notes that the applicant has considered other alternatives and this appears to be the best means of addressing the need expressed by the applicant.
A 3'3" variance does not appear to be substantial particularly because the most directly impacted property to the left is open space owned by the Homeowners Association which approves of the request.
The Board finds that the granting of this variance will not have any negative impact upon the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
The addition shall match as closely as possible to the existing structure in terms of style and color.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 – 0. (Sumner absent, Remmert alternate)
MATTER OF THOMAS AND MARIE MULLEN – 3 PADEN CIRCLE
Sharon Cupoli recused herself from the application as the applicants are her next-door neighbors.
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:
Variance Request No. 4056
Request of Thomas and Marie Mullen for a Variance of the regulations under the Zoning Law to permit: the construction of a 13' x 36' single-story garage addition in a required side yard. A 15' side yard setback is required; a 12' setback is proposed, a 3' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Thomas and Marie Mullen
Situated as follows: 3 Paden Circle Albany, NY 12203
Tax Map #52.10-2-4 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of December, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: November 20, 2007"
The file consists of the mailing list to 13 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, plot plans and a narrative.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a garage addition that will encroach 3' into the side yard setback. The garage will also encroach onto a sanitary sewer easement which should be reviewed by Bill West. No planning objections."
Thomas Mullen, applicant, presented the case. Mr. Mullen gave a brief overview of the project. Mr. Mullen stated that this addition would be built on a driveway that was installed in 1986 at the northeast side of the house. Mr. Mullen stated that his neighbors gave their support for the addition.
Chairman Barber stated that the ZBA could not waive the sanitary sewer easement, he would have to get the approval from Bill West from the water department. Chairman Barber stated that most likely any change or infringement on an easement would require the approval of the Town Board.
Mr. Mullen stated that he had met with Bill West earlier in the afternoon and they have had several discussions.
Chairman Barber stated that the variance that the ZBA would be granting is from the side yard setback, they cannot supercede the easement; that is beyond their jurisdiction.
Mr. Mullen stated that they had discussed that this afternoon.
Chairman Barber stated that this may be a two-step process for the applicant.
Don Cropsey stated that Bill West had two issues – the amount of encroachment and the depth at which the footings would be placed.
Chairman Barber stated that even after Bill West signs off on the project, the Town Board may still have to sign off and they may have some additional filing requirements.
Chairman Barber asked if there were any questions or comments from the residents.
Sharon Cupoli of 5 Paden Circle stated that both her and her husband were in favor of the request.
Chairman Barber made a motion to close the public hearing. Motion seconded by Tom Remmert. Vote 6 – 0. (Sumner absent, Remmert alternate, Cupoli recused)
Chairman Barber made a motion for approval of:
Variance Request No. 4056
Request of Thomas and Marie Mullen for a Variance of the regulations under the Zoning Law to permit: the construction of a 13' x 36' single-story garage addition in a required side yard. A 15' side yard setback is required; a 12' setback is proposed, a 3' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Thomas and Marie Mullen
Situated as follows: 3 Paden Circle Albany, NY 12203
Tax Map #52.10-2-4 Zoned: R15
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening. One resident provided oral comments in support of the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections contingent upon Bill West's approval of the application.
The Board further finds that there appears to be no neighborhood objection to the application and that the 3' variance will not adversely affect the character of the neighborhood or be a detriment to nearby property owners.
This Board has no jurisdiction over the sanitary sewer easement itself; any infringement or any the ability to waive any conditions in that easement fall exclusively in the jurisdiction of either Bill West or the Town Board.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
The construction hours shall be Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
The approval of the Town Board and/or the Water Department regarding any impacts upon the sanitary sewer easement.
The proposed addition shall match as closely as possible the existing house in terms of style and color.
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 6 – 0. (Sumner absent, Remmert alternate, Cupoli recused)
SIGNS:
The Board approved two signs for Key Bank at 2050B Western Avenue; two signs totaling 50sf. Vote 7 – 0.
The Board approved an 18sf plaza identification sign for Upstate Rehabilitation Products at Star Plaza. Vote 7 – 0.
The meeting of December 19th has been cancelled, the next meeting will be on January 2nd, 2008.
The meeting adjourned at 9:20pm.
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