TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
AUGUST 1, 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.
NEW CASES:
MATTER OF JOHN AND LINDA MORAN - 3509 CARMAN ROAD
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 Articles III & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4022
Request of John Moran for a Special Use Permit under the Zoning Law to permit: the conversion of an existing second story storage area to administrative office space for this existing day care center. No additional employees are anticipated. Parking is preexisting.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by John and Linda Moran
Situated as follows: 3509 Carman Road Schenectady, NY 12303
Tax Map #27.06-1-33 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 1st of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 10, 2007"
The file consists of the legal advertisement with mailing to 26 neighboring property owners, the Town's required forms for a Special Use Permit, a Short Environmental Assessment Form, the Town Planner's comments, notification from Albany County Planning Board, the Town Planning Board's site plan review, plans, depictions and a brief narrative.
The Town Planner had the following comments: "The applicant has applied to amend a Special Use Permit to convert the second story storage area into office space and an employee break room. This will not generate any need for additional parking and no site changes are proposed. No planning objections."
Albany County Planning Board's recommendation of 6-21-07 was defer to local consideration.
The Town Planning Board's site plan review was to recommend with no conditions or suggestions.
John Moran, applicant, presented the case.
Chairman Barber stated that this case seemed very straightforward; space was just being converted.
Mr. Moran stated that they have grown over the years and decided that they need more office space.
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 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 would have a negative impact upon the environment. This review consisted of the comments provided by the Town Planner, the Town Planning Board and the Albany County Planning Board each of which found there were no issues of concern. Therefore, this Board moves that a negative declaration under SEQRA should issue." Motion seconded by Sharon Cupoli. Vote 7 - 0.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4022
Request of John Moran for a Special Use Permit under the Zoning Law to permit: the conversion of an existing second story storage area to administrative office space for this existing day care center. No additional employees are anticipated. Parking is preexisting.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by John and Linda Moran
Situated as follows: 3509 Carman Road Schenectady, NY 12303
Tax Map #27.06-1-33 Zoned: R15
This decision is based upon the following findings of fact:
A public hearing was duly noticed and no residents provided either written or oral comments regarding this application.
This is an Unlisted Action under SEQRA and this Board adopted a negative declaration by a unanimous vote.
In a decision of 6-21-07, the Albany County Planning Board noted "defer to local consideration."
The Town Planning Board also recommended with no suggestions or conditions.
The Town Planner had no planning objections.
The Board further finds that the conversion of the second story space from storage to and office and a break room will not generate any need for increased parking.
No site changes are proposed and there will be no increase in the number of employees.
The Board grants this decision with the following conditions:
Adherence to the plans as submitted.
Continued adherence to any existing special use permits on the property.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this amended 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.
MATTER OF VINCE FUTIA - 2899 W. OLD STATE 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 & V of the Zoning Law on the following proposition:
Variance Request No. 4026
Request of Vince Futia for a Variance of the regulations under the Zoning Law to permit: the construction of a two-story addition which will house a garage on the first floor and two bedrooms and a bath on the second floor within a required side yard. A 15' setback is required; 7.2' is proposed, a 7.8' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Vincent Futia
Situated as follows: 2899 West Old State Road Schenectady, NY 12303
Tax Map #27.00-1-33.7 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 1st of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 24, 2007"
The file consists of the mailing list to 19 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, two letters from neighboring residents who have no concerns regarding the proposed improvements to the property, a narrative, a site plan and photographs.
The Town Planner had the following comments: "The applicant has applied for an area variance to construct a residential addition that will encroach almost 8' into the side yard setback. No planning objections."
Tom Hockenberry, architect, presented the case. Mr. Hockenberry stated that he has worked with the applicant and come up with numerous different plans and have reduced the size of the addition considerably. Mr. Hockenberry stated that he felt that this was the minimum physical plan layout that he could develop given the applicant's needs.
Chairman Barber discussed the impact to the neighbors. There were letters from some of the neighbors who had no problem with the variance.
Chairman Barber stated that there is a row of trees on the neighboring property so there should be no need for any additional landscaping.
Chuck Klaer asked Mr. Futia if he had any concerns that access for repairs on his pool would be cut off by this addition.
Mr. Futia replied that he had not thought of that.
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. 4026
Request of Vince Futia for a Variance of the regulations under the Zoning Law to permit: the construction of a two-story addition which will house a garage on the first floor and two bedrooms and a bath on the second floor within a required side yard. A 15' setback is required; 7.2' is proposed, a 7.8' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Vincent Futia
Situated as follows: 2899 West Old State Road Schenectady, NY 12303
Tax Map #27.00-1-33.7 Zoned: R15
This decision is based upon the following findings of fact:
A public hearing was duly noticed and no residents provided oral comments regarding this application but the file did contain two letters from neighboring property owners who had no concerns regarding the proposed improvement.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections.
The Board further finds that the granting of this application will enable the property owner to enlarge a house to add a bedroom and bath along with a second garage below.
The granting of this application given it's citing will not have a negative impact upon the character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
Construction hours shall be limited to the following hours: Monday - Friday from 7am to 6pm, Saturday 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.
MATTER OF PETER RUSSELL - 3095 EAST LYDIUS STREET
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. 4025
Request of Peter Russell for a Variance of the regulations under the Zoning Law to permit: the construction of a one-car garage addition to an existing single-family home. A 15' side yard setback is required; 13' is proposed, a 2' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Peter Russell
Situated as follows: 3095 East Lydius Street Schenectady, NY 12303
Tax Map #15.15-1-3.3 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 1st of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 24, 2007"
The file consists of the mailing list to 24 neighboring property owners, the Town's required forms for this area variance, a brief narrative, the Town Planner's comments, a letter from the property owners at 3091, 3093 and 3094 East Lydius Street stating they have no objection to the variance, and depictions of the house with the proposed garage along with a site plan.
The Town Planner had the following comments: "The applicant has applied for an area variance to construct a garage addition that will encroach 2' into the side yard setback. There are no planning objections."
Thomas Hockenberry, architect, presented the case. Mr. Hockenberry gave a brief overview of the project.
Chairman Barber stated that he appreciated the fact they had reached out the neighbors and had gotten their consent.
Chairman Barber asked if the trees would be eliminated.
Mr. Russell replied that they would both be staying. Mr. Russell stated that the garage would be mainly for storage.
Sharon Cupoli asked if they would be putting a driveway in to the garage.
Mr. Russell replied that they would not.
Chairman Barber asked if there would be any issues with the existing drywell.
Mr. Russell replied that he would more than likely move the drywell.
Chuck Klaer asked if there would be any problem getting heavy equipment into the back yard for any infrastructure issues.
Mr. Russell replied that would not be a problem.
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. 4025
Request of Peter Russell for a Variance of the regulations under the Zoning Law to permit: the construction of a one-car garage addition to an existing single-family home. A 15' side yard setback is required; 13' is proposed, a 2' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by Peter Russell
Situated as follows: 3095 East Lydius Street Schenectady, NY 12303
Tax Map #15.15-1-3.3 Zoned: R15
This decision is based upon the following findings of fact:
A public hearing was duly noticed and no residents provided oral comments regarding this application but the file did contain 3 letters from neighboring property owners who had no objections upon the understanding that the addition is for domestic use only.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections.
The Board further notes that the applicant is proposing to preserve the trees that would be in front of the proposed addition.
The granting of this application given its location and the existing trees will not have any adverse 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.
Construction hours shall be limited to the following hours: Monday - Friday from 7am to 6pm, Saturday 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 Sharon Cupoli. Vote 7 - 0.
MATTER OF DEER VALLEY APTS. - 11 FARNSWORTH DRIVE
Counsel Thayer 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. 4027
Request of Joseph Frament, Esq. for a Variance of the regulations under the Zoning Law to permit: the installation of a 10' high fence around a tennis court. A maximum height of 6' is allowed; 10' high is proposed, a variance of 4' is requested..
Per Articles IV & V Sections 280-27 and 280-51 respectively
For property owned by Intersouth Properties
Situated as follows: 11 Farnsworth Drive Slingerlands, NY 12159
Tax Map #52.03-3-15 Zoned: MR
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 1st of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 24, 2007"
The file consists of the mailing list to 27 neighboring property owners, the Town's required forms for an area variance along with a brief description of the project, the Town Planner's comments, a depiction of the tennis court along with a site plan showing the location of the tennis court in relation to the apartment complex.
The Town Planner had the following comments: "The applicant has requested an area variance to construct a 10' fence to enclose a tennis court at Deer Valley Apartments. The tennis court is surrounded by open space. The fence would be visible to no one. No planning objections although the Town should have a consistent policy regarding tennis and recreational courts."
Jason Frament, attorney for Deer Valley Apartments, presented the case. Mr. Frament stated that there is wooded area around the tennis courts and nobody will see the 10' fence. Mr. Frament stated that the fence is for the benefit of the tenants as well as residents.
Chairman Barber stated that the topography there makes it almost impossible for anyone to see the fence. Chairman Barber stated that there is an existing 6' fence and some people would ask why a 10' fence was needed and what type of fence it would be.
Mr. Frament replied that it would a mesh type chain link fence and the reason why it needs to be 10' is because the height is needed to keep the ball in the court, a 6' fence would not do much to keep the ball inside the tennis court.
Chairman Barber stated that the neighboring property owner is a Homeowners Association which is a common area and not likely to be developed.
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.
There was discussion regarding the height of tennis court fences in town.
Chairman Barber made a motion to approve:
Variance Request No. 4027
Request of Joseph Frament, Esq. for a Variance of the regulations under the Zoning Law to permit: the installation of a 10' high fence around a tennis court. A maximum height of 6' is allowed; 10' high is proposed, a variance of 4' is requested..
Per Articles IV & V Sections 280-27 and 280-51 respectively
For property owned by Intersouth Properties
Situated as follows: 11 Farnsworth Drive Slingerlands, NY 12159
Tax Map #52.03-3-15 Zoned: MR
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and there were no comments or questions from residents regarding this application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objection.
The Board further finds that this application replaces an existing 6' high fence and the 10' fence will reduce errant balls from striking passer bys as well as benefiting the game for the residents of the complex.
Also further note that the surrounding area is heavily wooded and the topography is such that the fence would be largely if not completely invisible.
The adjacent property is a common area owned by a neighboring Homeowners Association and in all likelihood nothing would ever be constructed there.
In granting this decision, the Board imposes the following conditions:
Adherence to the application submitted by the apartment complex.
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.
MATTER OF PETER HOWARD - 88 VELINA DRIVE
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 4024
Request of Peter Howard for a Variance of the regulations under the Zoning Law to permit: the placement of a 10' x 10' storage shed in a side yard. Variances are requested to allow this structure with a zero property line setback and within a side yard.
Per Articles IV & V Sections 280-34 and 280-51 respectively
For property owned by Peter Howard
Situated as follows: 88 Velina Drive Albany, NY 12203
Tax Map #52.05-4-40 Zoned: TH
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 1st of August, 2007 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 24, 2007"
The file consists of the mailing list to 53 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a schematic of the existing shed, a project narrative submitted by Mr. Howard and a map that indicates the location of the property which is adjacent to common land owned by the Ft. Orange Homeowners Association.
The Town Planner had the following comments: "The applicant is requesting an area variance for a shed that was build adjacent to an end unit townhouse. No planning objections."
Peter Howard, applicant, presented the case.
Chairman Barber asked roughly how long the shed had been there.
Mr. Howard replied that it had been there for two years.
Chairman Barber stated that he does not ever think that the Board has had a zero setback from a side yard line and it appears that Mr. Russell has absolutely no access to his back yard other than going through his house or going on the neighboring property.
Mr. Howard stated that it is the association property which is common land and common access.
Chairman Barber stated that the Board could be setting a precedent if they allow a zero foot side line setback.
Chairman Barber asked if there was any consideration when the shed was cited to putting it in the back yard.
Mr. Howard stated if placed in the back yard it would block all views and block the access for his neighbors.
Chairman Barber asked if there was any physical reason why the shed could not be placed in the back yard.
Mr. Howard stated it would require him leveling the back ground, approximately four feet, and would require grading which would disrupt the adjacent ground slopes and adjacent vegetation. Mr. Howard stated that it would also severely block the adjacent neighbors access through the common land.
Mr. Howard stated that since the public notice went out, five of his neighbors including three directly adjacent, have come to him in full support of the shed.
Chairman Barber stated that when you have no setback, any maintenance of that shed would require the applicant to outside of his property. Chairman Barber stated that sometimes access over Homeowners Association property is governed by something in the declaration of covenants that they operate under.
One neighboring homeowner was present and was curious as to the outcome of the variance request because she was interested in a shed herself.
Chairman Barber stated that this may not be setting a precedent because of the unique circumstances of having an end unit townhouse with an adjacent common area.
There was discussion regarding the covenant and the common area.
Chairman Barber suggested that the applicant submit the Homeowners Association covenant for Counsel Thayer to review.
Chairman Barber asked the Board members if any one of them might want to make a motion for approval.
There was discussion regarding the setting of a precedent.
Jim Sumner made a motion for approval of:
Variance Request No. 4024
Request of Peter Howard for a Variance of the regulations under the Zoning Law to permit: the placement of a 10' x 10' storage shed in a side yard. Variances are requested to allow this structure with a zero property line setback and within a side yard.
Per Articles IV & V Sections 280-34 and 280-51 respectively
For property owned by Peter Howard
Situated as follows: 88 Velina Drive Albany, NY 12203
Tax Map #52.05-4-40 Zoned: TH
This decision is based upon the following findings of fact:
A public hearing was duly noticed and there were no comments received at the public hearing but a letter is in the file from the homeowner that would be most affected by the granting of this variance and they had no objection.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objection.
The Board further finds that this variance will not have any negative impact upon the environment.
The Homeowners Association has not voiced any concern regarding the application.
The Board further finds that this property is unique in that it is an end unit townhouse with common area adjoining it and the topography is such that it will not affect the neighbor in the back.
The side yard variance is more appropriate than putting the shed in the back because the shed in the back would be visible to more people.
In granting this decision, the Board imposes the following conditions:
The granting of this application is contingent upon the review of the Homeowners Association declarations by the Zoning Board of Appeals Counsel to determine that the maintenance of the shed is not a problem under that document.
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 Mike Marcantonio. Vote 7 - 0.
The Board approved the minutes of June 20, 2007.
SIGNS:
The Board approved a 36sf building mounted identification sign for Inferno Pizzeria at 1810 Western Avenue. Vote 7 - 0.
The Board approved a temporary banner for Inferno Pizzeria for 30 days. Vote 7 - 0.
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