TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
APRIL 18, 2007
Members Present Members Absent:
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Peter Barber, Chairman Patricia Aikens Sharon Cupoli Chuck Klaer Susan Macri Tom Remmert, Alternate James Sumner Janet Thayer, Counsel Mike Marcantonio
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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 KENT HANSEN – 1434 WESTERN AVENUE
Chairman Barber recused himself from this application. Chuck Klaer was the acting Chairman.
Acting Chairman Klaer gave a summary of the application. Acting Chairman Klaer stated that the sole issue before the Zoning Board is whether the proposal meets the code and the case law standard for a use that continues to be permitted. Since the last meeting, the Board has received three supplemental pieces of information: a letter from Theresa Jucino, next door neighbor; stating that no agreement exists between the applicant and herself for parking; a letter from Mark Macomber of 1430 Western Avenue voicing his objections to the proposal to allow three businesses at this location, and a letter from Matthew Clyne on behalf of the applicant.
Matthew Clyne, attorney for the applicant, presented the case. Mr. Clyne detailed the intended and prospective usages for the property in his letter of April 12, 2007. Mr. Clyne did state that there was no agreement between the property owner at 1436 Western Avenue and Kent Hansen regarding the use of the property. Mr. Clyne stated that the prospective use of the property by Kent Hansen and two tenants do not require tractor-trailer intrusions on the property. Mr. Clyne stated that this proposed usage will be materially and significantly less than the Capital Winair usage and there will be no intense level of commercial traffic. Each of the tenancies estimate that there would be 8 maximum vehicles during the day and no tractor-trailer activity at all.
Kent Hansen, applicant, spoke regarding the proposal. Mr. Hansen submitted a letter from a previous neighbor of his attesting to the fact that he is a very quiet neighbor. Mr. Hansen stated that he is a much lower volume business than the previous tenant. Mr. Hansen stated that he does have plans to improve the façade of the building.
Sharon Cupoli asked if the alleyway between his property and 1430 Western Avenue would become his means of getting to the back of the property.
Mr. Hansen replied that he would be using the alleyway as a means of ingress and egress.
Acting Chairman Klaer asked Mr. Hansen if his work crews would also be frequenting the premises.
Mr. Hansen replied that very rarely would his work crews be stopping in.
Joseph Marcazi, general business manager of Hansens stated that this would not be a retail store and there would be no inventory and also stated that they discouraged service trucks from coming to the showroom.
Tom Remmert asked where the service vehicles were housed overnight.
Mr. Marcazi replied that each employee takes their service vehicle home.
Pat Aikens asked how many customers they might have in a day.
Mr. Marcazi replied realistically one or two.
Acting Chairman Klaer asked what kind of deliveries they would have.
Mr. Marcazi replied that the only type of delivery they would have would be display models or some type of wood that they were running low on.
John Cocco of Sparklin John Tile and prospective tenant, gave a brief overview of his business. Mr. Cocco stated that he is currently operating the business from his home. Mr. Cocco stated that he would like to put a small showroom in the front of the building and have one or two people staff the office.
Sharon Cupoli asked if his customers would be by appointment only.
Mr. Cocco replied that most of them would be, but there might be some drive by customers stopping in. Mr. Cocco stated that he would anticipate one or two customers a day.
There was discussion regarding the type of showroom that Mr. Cocco would be having.
Acting Chairman Klaer asked if there were any questions or comments from the residents.
Mark Macomber of 1430 Western Avenue asked who the third tenant would be.
Mr. Hansen replied that it would be Paige Heating and Cooling and it would be used as a draftroom; not a showroom and there would be no retail and no inventory.
Mr. Macomber had concerns with three tenants being allowed to occupy the building. Mr. Macomber had concerns with snow removal, hours of operation, and the traffic in the alleyway.
Mr. Macomber did state that on the surface the two proposals would appear to get back to the subtle environment but does have issues with the third party.
Acting Chairman Klaer asked Mr. Macomber if limiting the front parking to customers and have staff park in the back would be agreeable to him.
Mr. Macomber replied that he could probably live with it.
There was discussion regarding the hours of operation for the businesses.
Don Reeb, president of the McKownville Improvement Association spoke about his concerns; some of which were that the businesses were retail, taking a left hand turn onto Rt. 20 from the property, the narrowness of the alleyway, snow removal and the number of uses in the building.
There was discussion regarding the term "retail".
Sue Brown, representing the Westlyn Park court area on the McKownville Improvement Association, stated people had concerns with three businesses going into this building.
Judith Benner, previous owner of 1434 Western Avenue stated that she felt that this would be a less intense usage and thought that they would be a welcome addition to the neighborhood.
Mr. Hansen stated that he just wanted to be a good neighbor and would work with the neighbors. Mr. Hansen stated that 99% of his business would be by appointment only.
Acting Chairman Klaer made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0. (Remmert alternate, Marcantonio absent, Barber recused)
Jim Sumner asked about the setbacks on the property and if the change in the ownership of the property change the use of the alleyway.
Don Cropsey replied that now the majority of the aspects with respect to zoning and buffers are nonconforming; there is no buffer or no setback now. Don stated that the ownership of the property has nothing to do with it.
Acting Chairman Klaer made a motion to continue the hearing for two weeks for decision only. Acting Chairman Klaer asked Mr. Clyne to address the issue of going from one tenant to more than one tenant and more information on the potential tenant that is not present tonight. Motion seconded by Tom Remmert. Vote 6 – 0. (Barber recused, Marcantonio absent, Remmert alternate)
MATTER OF MICHELLE MUIA – 2261 WESTERN AVENUE
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 & V of the Zoning Law on the following proposition:
Special Use Permit/Variance Request No. 4005
Request of Michelle Muia for a Special Use Permit/Variance under the Zoning Law to permit: the expansion of an existing antique center by adding an additional 783sf of space. Also included with the project will be the renovation of 220sf of existing space. Seven additional parking spaces will be provided.
Per Articles III & V Sections 280-14 and 280-51 & 52 respectively
For property owned by Michelle Muia
Situated as follows: 2261 Western Avenue Guilderland, NY 12084
Tax Map #40.00-2-5 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of April, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 11, 2007"
The file consists of the mailing list to 25 neighboring property owners, the Town's required forms for this special use permit/variance, a Short Environmental Assessment Form, Albany County Planning Board's notification of 2-21-07, the Town Planning Board's site plan review, the Town Planner's comments and a narrative.
Albany County Planning Board's notification of 2-21-07 was no significant countywide or inter municipal impact, defer to local consideration.
The Town Planning Board's site plan review was as follows - recommend with the following condition: demonstrate the legal right to use the driveway where it encroaches on the property to the west.
The Town Planner had the following comments: "The applicant has applied for a special use permit to build a 1000sf addition to the rear of the Hamilton House Antique Center. The property is zoned BNRP and received a use variance a number of years ago to allow retail sales. The addition will necessitate the relocation of a few parking spaces to the rear of the parcel which will be used for employees. Otherwise, all site characteristics stay the same. No planning objections."
Michelle Muia, applicant, presented the case.
Chairman Barber asked about the concern of the Planning Board regarding the driveway on the west side of the property.
Ms. Muia stated that she had contacted the Nature Conservancy and was waiting for a return call from them.
Chairman Barber stated that his understanding is that there was a licensed agreement with the prior owner of her parcel with the Nature Conservancy and it ended when the prior owner sold the parcel.
Chairman Barber stated that the ZBA would not be able to vote on the application until the approval was received from the Nature Conservancy.
Sharon Cupoli asked if she would be modifying the drainage to avoid any more damage.
Ms. Muia replied "definitely".
Chuck Klaer asked if there would be access to the second floor on the outside only.
Ms. Muia replied that there would be access both inside and outside.
Jim Sumner asked if there would be living quarters upstairs.
Ms. Muia replied "no, strictly additional retail space".
Chairman Barber asked if there were any questions or comments from the residents.
Lynn Golonka of 2259 Western Avenue stated that Hamilton House were wonderful neighbors and had concerns regarding the aesthetics of the proposed addition and the parking but was in favor of the proposed addition.
There was discussion regarding the gravel parking area.
Chairman Barber made a motion to continue the hearing for two weeks. Motion seconded by Sharon Cupoli. Vote 7 – 0. (Marcantonio absent, Remmert alternate)
MATTER OF CON-REL REALTY – CARMAN ROAD
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 III & V of the Zoning Law on the following proposition:
Special Use Permit/Variance Request No. 4006
Request of Con-Rel Realty for a Special Use Permit/Variance under the Zoning Law to permit: the construction of a 4200sf retail wine and liquor store on a 1.53 acre parcel of land. 28 parking spaces will be provided for this use. A variance is requested to allow 3 parking spaces within a 75' buffer area.
Per Articles III & V Sections 280-21 and 280-51 & 52 respectively
For property owned by Con-Rel Realty
Situated as follows: 3641-3643 Carman Road Schenectady, NY 12303
Tax Map #27.15-1-1 Zoned: GB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of April, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 11, 2007"
The file consists of the mailing list to 35 neighboring property owners, the Town's required forms for this special use permit/variance, a Short Environmental Assessment Form, Albany County Planning Board's notification, the Town Planning Board's site plan review, the Town Planners comments, a narrative, renderings and maps provided by ABD Engineering and Surveyors.
Albany County Planning Board's notification of 1-18-07 was to modify local approval to include 1) Submission of a copy of the Notice of Intent filed with the NYS Department of Environmental Conservation affirming that a Stormwater Pollution Prevention Plan has been prepared is being implemented or submission of a Stormwater Pollution Prevention Plan that is consistent with the requirements included in the NYS Department of Environmental Conservation SPDES General Permit for Stormwater Discharges (GP-02-01, January 2003) for construction activities that disturb more than one acre of land, and;
2) Review by the NYSDOT for design of highway access and assessment of road capacity.
The Town Planning Board's site plan review of 4-11-07 was to recommend with the following conditions: 1) NYSDOT approval of proposed curb cut. Consideration should be given to realigning the access to provide a straight entrance, and 2) Provide a landscaping and lighting plan showing the size, type and location of lights and identifying the size and types of plant materials.
The Town Planner had the following comments: "The applicant is seeking a special use permit to construct a 4000sf building in order to relocate the wine and liquor store currently located to the north. The site is zoned General Business and currently contains a single-family house, a garage used for warehousing and a smaller out building that would be removed. The applicant has met with staff and already made many changes to accommodate staff's concerns. I have the following comments:
- The revised plan now meets the parking requirements.
- The relocation of the existing curbcut will require DOT approval.
- The building has been designed and oriented to give a more pleasing view to all sides of the building.
- A loading area is now shown. If a dumpster is needed, that area should also be located.
- A small stormwater depression is shown. Neighbors have mentioned that this area of Carman Road has historically experienced drainage problems, particularly in the rear of the DiCaprio parcel to the south. A TDE should be assigned to review the proposed drainage system.
Overall, I am pleased with the revised design of this site. No planning objections."
Mike Davis, representing Con-Rel, gave a brief overview of the application. Mr. Davis stated that the proposed facility will have about 700sf of warehouse, 3320sf of display area and an office of about 180sf. Mr. Davis stated that they were asking for a variance for the parking spaces within a 75' buffer area. Mr. Davis stated that they were working with Niagara Mohawk about removal of a pole so that the driveway could come out straight. Mr. Davis stated that lighting would primarily be on the building; straight down.
The hours of operation would remain the same as they are at the present time and deliveries are usually made by small delivery trucks during off peak hours.
Chairman Barber asked if they would be willing to submit a landscaping and lighting plan as a condition of approval.
Mr. Davis stated that they would definitely do that.
Chairman Barber asked if there had been any discussion with the property owner to the north regarding common access and common use.
Mr. Davis replied that they are proposing a sidewalk to connect from the existing liquor store to in front of the Dicaprio parcel.
Mr. Davis submitted colored renderings of the proposed store.
There was discussion regarding the parking and number of spaces needed.
Chuck Klaer asked if Mr. Davis if he was comfortable with the removal of trees and replacing them with impervious surfaces.
Mr. Davis replied that they are taking out a paved driveway that is already existing and also removing some of the buildings on site and they are only adding 5000 to 6000sf to what is already there.
There was discussion regarding emergency access.
Chairman Barber asked what the hours of operation would be.
Kevin Relyea, owner, stated they are Monday – Saturday from 9am to 9pm and Sunday from noon to 6pm.
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. (Marcantonio 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 special use permit and area variance would have a significant impact upon the environment. This review consisted of reviewing the comments provided us by the Albany County Planning Board, the Town Planning Board and the Town Planner along with the applicant's submission and the public hearing this evening. Based upon all that evidence, I move that a negative declaration should be issued under SEQRA." Motion seconded by Chuck Klaer. Vote 7 – 0. (Marcantonio absent, Remmert alternate)
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 4006
Request of Con-Rel Realty for a Special Use Permit/Variance under the Zoning Law to permit: the construction of a 4200sf retail wine and liquor store on a 1.53 acre parcel of land. 28 parking spaces will be provided for this use. A variance is requested to allow parking spaces within a 75' buffer area.
Per Articles III & V Sections 280-21 and 280-51 & 52 respectively
For property owned by Con-Rel Realty
Situated as follows: 3641-3643 Carman Road Schenectady, NY 12303
Tax Map #27.15-1-1 Zoned: GB
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening. Notice of this hearing was mailed to neighboring property owners within 750' of this property and no residents provided either written or oral comments.
This Board adopted a negative declaration under SEQRA by a unanimous vote.
Albany County Planning Board's recommendation of 1-18-07 was review by DOT and also the DEC review. However, DEC's review is not necessary because there is less than one-acre disturbance.
The Town Planning Board's site plan review of 4-11-07 was to recommend with conditions which the Board has considered this evening.
The Town Planner had not objections.
The Board further finds that this is a relocation of an existing wine and liquor store to a nearby property.
The applicant has worked carefully with the Town staff and presented a very attractively designed and potentially landscaped project.
No variances from the number of parking spaces are required, although the Board does note that if the two parking spaces closer to the house are determined to be not necessary by the applicant, the Board has no objections if those spaces are banked.
The parking variance within the 75' setback is to a large extent caused by the recent rezoning of the property in the rear. The Board further notes that the variance is diminimous and will not have a negative impact upon the character of the neighborhood.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted with the proviso that working with DOT and National Grid to realign the entranceway might change the plans.
The hours of operation will be Monday – Saturday from 9am to 9pm and noon to 6pm on Sunday but the Sunday hours can be expanded if the liquor authority permits that.
Construction hours shall be limited to the following: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction on Sunday.
DOT approval for the highway access and curbcut.
Boswell Engineering is appointed as the TDE for the purpose of reviewing the proposed drainage system.
The applicant shall submit a landscaping and lighting plan for the Board review and approval.
Ft. Hunter Fire Company review and approval of the application.
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, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 – 0. ( Marcantonio absent, Remmert alternate)
OTHER:
The Board approved a 20sf grand opening temporary banner for Rehabilition Support Services at 2050 Western Avenue. Vote 7 – 0.
The Board approved a 40sf sign for Frank Adams Jewelers at 1475 Western Avenue. Vote 7 – 0.
The Board approved a sign for Cesare & Lile at 1704 Western Avenue. Vote 7 – 0.
The Board approved a temporary sign for Jesses Texas Hot Wieners at 1800 Western Avenue for two weeks. Vote 7 – 0.
There was discussion regarding the Dicks Sporting Goods request to utilize 100' x 80' of space in Crossgates Mall parking lot for their Outdoor Adventure Tour.
MINUTES:
The Board approved the minutes of 2-7-07. Vote 7 – 0.
The meeting adjourned at 10:10pm.
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