TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
FEBRUARY 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 MARIE REYNOLDS - 3154 LONE PINE ROAD
Chairman Barber stated that this case was continued to give the applicant a chance to work with Don Cropsey regarding possible shifting of the shed backwards and perhaps coming to a compromise with their neighbor.
Gary Reynolds, applicants husband, stated that they would be willing to move the carport back approximately 20' and eliminate the need for the side property line variance.
Chairman Barber thanked the applicant for working diligently with Don Cropsey to resolve/minimize these issues.
Mr. Iberger, neighbor, stated that he still objected to the granting of the variance.
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. 3994
Request of Marie Reynolds for a Variance of the regulations under the Zoning Law to permit: the placement of a 20' x 12' detached carport structure within a side yard.
Per Articles IV & V Sections 280-34 & 280-51 respectively
For property owned by Marie Reynolds
Situated as follows: 3154 Lone Pine Road Schenectady, NY 12303
Tax Map #27.07-2-31 Zoned: R15
This decision is based upon the following findings of fact:
- A public hearing was duly noticed and held on 2/7/07 and continued to this evening. Notice was supplemented by mailing legal notices to properties within 500' of this property. Three residents provided oral comments at the hearings.
- This is a Type II Action under SEQRA, not requiring SEQRA review.
- In a memorandum dated 1/31/07, the Town Planner had no planning objections.
- The Board further finds that at the prior meeting, the Board asked the applicant to work with the Zoning Administrator to eliminate or minimize to the greatest extent possible the need for the variance.
- As a result of these efforts, the applicant will move the carport and eliminate the need for the side property line variance.
- The applicant will also move the carport 24' to the rear and thereby virtually eliminate the side yard variance.
- In fact, the carport will be sited to the rear of the main dwelling and behind the neighbor's home.
- As a result, the relocated carport is substantially in the rear yard which greatly reduces any impact upon the neighborhood.
- The variance is not substantial and is not detrimental to the neighborhood.
In granting this request, the Board imposes the following conditions:
- Submit a revised site plan depicting the final location of the carport as agreed upon with the Zoning Administrator.
- As agreed upon with the Zoning Administrator, bring the carport and the house into greater compatibility with each other in terms of appearance.
- Relocate the carport to the new location by 5/1/07 with the Zoning Administrator granted the right to extend this deadline should weather and ground condition warrant.
The Zoning Administrative office is hereby authorized to issue the permits necessary to implement this decision and compliance with any other legal requirements and fees.
If this variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 - 0.
MATTER OF CAROLYN CARSON - 3039 EAST OLD STATE ROAD
This case was continued from last hearing as the applicant was not present at last hearing.
Mark Blackstone of Blackstone Land Surveyors presented the case.
Mr. Blackstone stated that the applicant would like to divide the lot in half and construct a ranch on the new lot. Mr. Blackstone stated that there are 15 other 75' lots within a 500' radius. This side lot is vacant except for a basketball backboard.
Mr. Blackstone stated that there would not be a detrimental impact to adjacent property owners as many of the lots are the same size as this. The house next door sits 25' off of the property line. If this variance is granted, the applicant would subdivision approval from the Planning Board.
Chairman Barber asked if this lot was originally two lots.
Mr. Blackstone replied that it was.
Chuck Klaer asked if all of the lots are 175' in depth.
Mr. Blackstone replied yes.
Mr. Blackstone stated that the existing was not in the middle of this 150' lot, it was placed on only half of the lot even though it was 150' wide.
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. 3993
Request of Carolyn Carson for a Variance of the regulations under the Zoning Law to permit: a reduction in land area and width at the building line on each of two lots in a proposed subdivision. A variance is requested to allow each lot an area of 13,125sf where 15,000sf is required and a width at the building line on each lot of 75' where 100' required.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Carolyn Carson
Situated as follows: 3039 East Old State Road Schenectady, NY 12303
Tax Map #27.19-1-34 Zoned: R15
This decision is granted upon the following findings of fact:
- A public hearing was duly noticed and held this evening. Notice was supplemented by mailing legal notices to property owners within 500' of this property. No residents provided oral or written comments.
- This is a Type II Action under SEQRA, not requiring SEQRA review.
- In a memorandum dated 1/31/07, the Town Planner had no objections.
- The Board finds the following facts: At least 15 lots are similarly sized with 75' wide building lines and lot size of 175' x 75' - 13,125sf.
- The proposed lot size is consistent with the character of the neighborhood and will not be detrimental to nearby properties.
In granting this decision, the Board imposes the following conditions:
- Adherence to the plans as submitted.
- Planning Board review and approval of subdivision.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision and compliance with any other legal requirements and fees.
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.
CONTINUED CASES:
TIM ALUND - 2337 WESTERN AVENUE
Chairman Barber stated that this case was continued to give the applicant to provide a landscaping plan and a rendering of the building.
Tim Alund provided the Board with a new landscaping plan. Mr. Alund worked with Mr. Serafini regarding the swale.
Chairman Barber asked if additional landscaping could be provided in the front.
Chairman Barber asked about the sidewalk in the front and whether or not he would be willing to set up an escrow account.
Mr. Alund agreed but stated that he would rather install the sidewalk now.
Chairman Barber indicated that he should make sure that the sidewalk is not in the DOT right of way.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chuck Klaer asked why they wanted to extend greenspace on the west side and not have a bigger buffer in the back.
Chairman Barber stated that the applicant was requesting a bigger area for turning radius of delivery trucks.
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 Special Use Permit for a lawn and garden center on this property would have a significant negative impact upon the environment. This review consisted of the report and opinions of the Albany County Planning Board, the Town Planning Board, the Town Planner and the adjacent property owner. The Board finds that upon review of the application there will be no negative impact upon the environment and 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. 3995
Request of Timothy Alund for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the use of an existing single-story building, formerly used by a pool construction company as a retail store specializing in lawn and garden outdoor power equipment. 3000sf of space in this 4925sf building will be used for retail sales with the balance used as storage. Variances are requested for the following: 1) to allow a reduction in required buffer between a local business district and a residential zone and 2) to allow a reduction in required number of parking spaces from 28 to 18.
Per Articles III, IV & V Sections 280-20, 280-21, 280-25 & 280-51 & 52 respectively
For property owned by under purchase agreement between Edward and June Bohl and Tim Alund
Situated as follows: 2339 Western Avenue Guilderland, NY 12084
Tax Map #39.00-4-9.4 Zoned: LB
This decision is granted upon the following findings of fact:
1. A public hearing was duly noticed and held on 2/7/07 and again this evening. Notice was supplemented by mailing legal notices to property owners within 750' of this property. One resident provided oral comments.
2. This Board adopted a negative declaration for this Unlisted Action under SEQRA by a unanimous vote.
3. In a decision dated 1/18/07 the Albany County Planning Board's recommendation was "Modify local approval to include: 1) review by NYSDOT for design of highway access and assessment of road capacity."
4. In their site plan review dated 1/24/07 the Town Planning Board recommended with conditions which the Zoning Board has taken into consideration.
5. In her memorandum dated 1/31/07 the Town Planner had no objection to the site plan approval.
6. The Board further finds that the proposed use is a permitted use in this Local Business zone.
7. The renovated structure and landscaping will greatly improve the appearance of the site.
8. The property owner to the rear, who may be the only party impacted, has no objection to the variance requested for the buffer. To further enhance this buffer, the Board will require the applicant to work with the Town on appropriate landscaping.
9. The Board finds that the proposed 18 parking spaces should meet the intended use. The Board notes that there is available space for additional parking spaces if needed.
In granting this decision, the Board imposes the following conditions:
1. Adherence to the plans and façade rendering as submitted.
2. Hours of construction shall be limited to the following times: Monday - Friday from 7am to 6pm, Saturday from9am to 5pm with no construction allowed on Sunday.
3. Hours of operation shall be Monday - Friday from 8am to 7pm, Saturday from 8am to 2:30pm and Sunday from 10:30am to 1:30pm.
4. DOT approval of any work in Rt. 20 right-of-way.
5. Clean cut the swale to improve drainage.
6. If an access road to the rear property is opened, applicant will seek access from this road and close the curb cut along Rt. 20.
7. No tractor delivery.
8. Restore the parking lot to Town standards.
9. No outside storage.
10. Revise landscaping plan for approval including enhanced buffer and extension of landscaping along Rt. 20..
11. Submit drainage plan for review.
12. Submit sidewalk escrow. ($35 per linear foot)
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision and compliance with any other legal requirements and fees.
If this variance/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.
MATTER OF KENT HANSEN - 1434 WESTERN AVENUE
Sharon Cupoli read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Article V of the Zoning Law on the following proposition:
Interpretation No. 3999
Request of Kent J. Hansen for an interpretation under the Zoning Law as to whether or not a proposed hardwood flooring wholesale/retail outlet with a combination showroom/office/storage space can be considered a continuation of a nonconforming use. In addition, a determination is also requested as to whether two additional showroom/storage uses can be considered continuation of a nonconforming use.
Per Articles V Sections 280-56 respectively
For property owned by Kent J. Hansen
Situated as follows: 1434 Western Avenue Albany, NY 12203
Tax Map #52.20-4-8 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of February, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 14, 2007"
The file consists of the mailing list to 39 neighboring property owners, the forms for an interpretation, and a memo from Donald Csaposs discussing the previous special use history of this prior non-conforming use.
Chairman Barber explained the prior non-conforming law and stated that this is not an expansion of a prior non-conforming use.
Matthew Clyne, attorney for applicant, presented the case. Mr. Clyne stated that they were requesting an interpretation that the proposed use by Kent Hansen's flooring business is consistent with the prior nonconforming use. Mr. Clyne presented a site plan with an architect rendering along with a tenant diagram. Mr. Clyne reviewed the schematics in detail. Mr. Clyne stated that the property is zoned BNRP and has had a number of occupants over the years. Mr. Hansen purchased the property in September for use as a showroom and office with one or two employees. The second proposed tenant would be a bath fitter with one or two employees, the third tenant would be office and storage. There would be no retail or wholesale; there would be less in operational aspects of the building and
less employees. There would be no tractor-trailers and no movement of materials.
Chairman Barber asked if the number of current parking spaces were sufficient.
Mr. Clyne replied that they were.
Chairman Barber asked if there was any evidence that the use had been abandoned.
Mr. Clyne replied that it is not identical in scope and use; however, there is no change in the nature and character of the use. The showroom will be by appointment only, there will be no walk up business, he will be out on job sites and not a high volume of retail business.
Chairman Barber stated that while it is not relevant to the interpretation, it appears that by the rendering Mr. Hansen plans to substantially enhance the appearance of the building.
Don Cropsey stated that is correct, he will also be installing landscaping.
Don Reeb of the McKownville Improvement Association had concerns that there would be trucks parked out front and that the WinAir seemed to be less intense than the two retail stores and wholesale storage. Mr. Reeb described his observations of Mr. Hansens current site on Madison Avenue; he had observed a lot of activity including loading and unloading of trucks with equipment for floor construction.
Mr. Reeb stated that Sparklin Johns would probably be a less intense use but three tenants versus one tenant equals more activity.
Mr. Reeb indicated that Mrs. Strasberg was before the Planning Board to subdivide her property into four lots and had concern about the hours of operation.
Counsel Thayer stated that there has always been tension between Rt. 20 commercial uses and residential uses.
Don Reeb concluded that he would like a restriction on the hours of operation and reiterated that the proposal seems to be a more intense use rather than a less intense use.
Mr. Clyne responded that there would be no crews and no distribution on the site. The HVAC use would be a small use and small storage and that none of the tenants would generate a high volume of traffic.
Mr. Reeb commented that it is still a more intense use.
Chairman Barber requested that everything be put in writing including the hours of operation and this be continued to March 21st for the applicant to submit facts and legal arguments for the request.
Mr. Clyne agreed to the continuance.
Chairman Barber made a motion to continue this interpretation request to March 21st. Motion seconded by Sharon Cupoli. Vote 7 - 0.
MATTER OF LAURIE COGER - 20 SHADY LANE
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:
Special Use Permit Request No. 3998
Request of Laurie S. Coger for a Special Use Permit under the Zoning Law to permit: the use of a portion of an existing single family dwelling as a veterinary office, a customary home occupation.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Laurie S. Coger
Situated as follows: 20 Shady lane Albany, NY 12203
Tax Map #52.19-4-23 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of February, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 14, 2007"
The file consists of the mailing list to 51 neighboring property owners, the Town's required forms for special use permit, the Town Planners comments, a Short Environmental Assessment Form, three letters from residents in objection to the proposal, plot plans, a narrative and photos.
The Town Planner had the following comments: "The applicant has applied for a special use permit for a customary home occupation. She is a veterinarian who does the majority of her business at the homes of her clients. The applicant states that perhaps two or three times a week a client may come to her home for treatment. There is adequate parking for a few cars in the driveway and there will be no signage. I have no objection to the use at this level."
Chairman Barber stated that this case still needs to be heard before the Planning Board for site plan review, so there will be no decision tonight. The Planning Board meeting had been cancelled due to snow.
Laurie Coger, applicant, presented the case. Ms. Coger stated that there would be no housing, no boarding and no hospitalization of animals. One 10' x 10' room would be used for supplies and administration. On occasion she would see a "patient"; possible two to three times a week and would be by appointment only for chiropractic purposes.
Chairman Barber asked what the chiropractic appointment would consist of.
Ms. Coger responded that it would involve working with her hands, a table and chiropractic tools.
Chairman Barber asked if there were any questions or comments from the residents.
Joe Crook of 21 Shady Lane had numerous concerns: this is not an innocuous proposal, it is a residential street with no businesses, the office may become an infirmary, the equipment would most likely not fit in this room and this use would create a negative tone on the property value. Mr. Crook asked how the Town would enforce and keep the property in compliance. Mr. Crook stated that the approval would forsake the privacy of the residents.
Richard Burke of 16 Oak Drive had many of the same concerns including this was a residential property, no parking at 20 Shady Lane and that a business does not belong in a residential neighborhood.
A petition was presented to Chairman Barber with 28 signatures in objection to the proposal.
A few other neighbors spoke in opposition to the proposal.
Chairman Barber stated that this was a customary home occupation and explained the difference. There are six standards in the code that are indistinguishable. If this was a veterinary office, it clearly goes beyond a home occupation.
Jean Johnston of 10 Oak Drive asked what resources the neighbors had if this went beyond the customary home occupation.
Chairman Barber replied that Rodger Stone would be the enforcement officer and that the Zoning Board has the authority to revoke the permit at a public hearing.
Kate Wasson of 7 Shady Lane asked if there would be any training of the dogs and if the back yard would be used.
Richard Burke replied that he had seen dogs in the back yard.
Ms. Coger stated that there would be no training or boarding of dogs and that she owns the dogs that were seen in the back yard.
Chairman Barber made a motion to continue for the Planning Board site plan review. Motion seconded by Sharon Cupoli. Vote 7 - 0.
SIGNS:
The Board approved a 49sf sign for Burlington Coat Factory at Crossgates Mall. Vote 7 - 0.
The meeting adjourned at 9pm.
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