TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
APRIL 2, 2008
Members Present
|
Peter Barber, Chairman Charles Cahill, Alternate Sharon Cupoli Susan Macri Allen Maikels Mike Marcantonio Tom Remmert James Sumner Robert Feller, Counsel
|
______________________________________________________________________
Chairman Barber opened the meeting and pointed out the emergency exits in the event they were needed.
CONTINUED CASES
MATTER OF MANGIA – 1475 WESTERN AVENUE
Chairman Barber stated that this was a continued case for decision only to allow the applicant to address some outstanding issues.
Sandra Swink, landscaper for the project, spoke about the enhancements to the site. Ms. Swink stated that they would be salvaging most of the plants that are on site now and there would Albany Pine Bush plants added to the Fuller Road side. Ms. Swink stated that about 50% of the plants on site would be Albany Pine Bush native and the other 50% of the landscaping would be salvaged plants that are on site now.
There was discussion regarding the lighting to be added.
Don Cropsey stated that a plan should be submitted showing the number of plants and the location of the plants.
Tom Andress of ABD Engineering stated that they had moved the sidewalk 5' away and have added the landscaped island. Mr. Andress also stated that he had talked with the representatives for the improvements on Fuller Road and they have no issues with the project. Mr. Andress stated that there is no DOT permit required.
Mr. Andress discussed the greenspace and the impervious area. He stated they are decreasing the impervious area by almost 900sf.
Tom Remmert asked if there was a fire hydrant close to the building. Mr. Remmert stated that the building would have to be sprinklered.
Mr. Andress stated that he does not know if there is a fire hydrant close by, but most likely there is one on Fuller Road.
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 variance for the construction of a new restaurant at the corner of Western Avenue and Fuller Road at the Stuyvesant Plaza will have a significant negative impact upon the environment. This review consisted of the comments provided by the Albany County Planning Board, the Town Planning Board, the Town Planner and by residents at the prior public hearing, both in written and oral form. Based upon those comments and the collective evidence to date along with the public hearings conducted by this Board, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 – 0. (Cupoli abstained, Cahill alternate)
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 4066
Request of Mark Burgasser of White Management for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the demolition of an existing sit-down restaurant with a building footprint of 4400+/-sf to make way for the construction of a new restaurant having a footprint of 6000+/-sf. No increase in seating is anticipated. Parking will be provided within the existing Stuyvesant Plaza parking fields. A variance is requested to allow a portion of the proposed building to encroach on a required front yard setback along Fuller Road. A 45' setback is required; 34' is proposed, an 11' variance is sought.
Per Articles III, IV & V Sections 280-20, 280-51 & 52 respectively
For property owned by: Stuyvesant Plaza, Inc.
Situated as follows: corner of Western Avenue and Fuller Road Albany, NY 12203
Tax Map #52.04-2-8 Zoned: LB
This decision is based upon the following findings of fact:
A public hearing was duly noticed and supplemented by mailings to property owners within 750' of subject property. Two residents provided oral comments and one resident provided written comments.
The Board adopted a negative declaration under SEQRA by a unanimous vote.
In a decision dated 2-21-08, Albany County Planning Board recommended review by ACDPW for drainage impacts on Fuller Road and by NYSDOT for drainage impacts on Rt. 20.
The Town Planning Board's site plan review of 3-12-08 was to recommend with conditions regarding the curbed landscaped end island in lieu of the striped parking island, direct pedestrian access to the proposed restaurant from Fuller Road, snow storage area for the proposed sidewalk to the east side of the main entrance and submission of a landscaping plan.
The Town Planner also provided the Board with comments which the Board has considered during this public hearing.
The Board further finds that the proposed use as a restaurant is a permitted use in the local business zone. The proposed restaurant is attractively designed and landscaped. The actual location of the proposed restaurant will be further from Fuller Road.
The revised plan increases the greenspace. The appearance of the site will be greatly improved by the new design and landscaping which incorporates Pine Bush native garden and the salvaging of the present landscaping currently on site.
The plans incorporate the Planning Board's conditions including a direct pedestrian access to Fuller Road, raised curb end island and a 5' distance between the main entrance and the proposed sidewalk.
The plan also provides pedestrian improvements by including sidewalks to the east of the entrance along with a pedestrian access to the plaza itself with appropriate crosswalks.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as amended and submitted this evening.
The hours of operation shall remain as stated in the existing special use permit for the Mangia's Restaurant.
The hours of construction shall be limited to the following: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
Review of this application by the ACDPW for drainage impacts on Fuller Road as required by the Albany County Planning Board.
Review of this application by NYSDOT for drainage impacts to Rt. 20 as required by the Albany County Planning Board.
Submission of a landscaping plan which shows the actual number and size of the specific types of plants proposed to be approved by the Board.
Submission of a lighting plan that shows the use of lights around the entrances.
Review and approval by the McKownville Fire Department for fire related issues.
All other conditions in the prior special use permit for the Mangia's restaurant shall be adhered to unless they have been modified by this decision with particular emphasis that an odor free condition must be maintained as measured at the property line.
There shall be no garbage pick up before 7am.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit/Variance are 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. (Cupoli abstained, Cahill alternate)
MATTER OF PAUL & PATRICIA KREKELER – 23 VICTOR DRIVE
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. 4071
Request of Paul & Patricia Krekeler for a Variance of the regulations under the Zoning Law to permit: the construction of a 10' x 32' single-story addition to the front of an existing single-family home for the purpose of expanding the living room and master bedroom. A front yard variance is requested. A 35' setback is required; 22'+/- will be provided, a 13'+/- variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by: Paul and Patricia Krekeler
Situated as follows: 23 Victor Drive Albany, NY 12203
Tax Map #52.05-1-34 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of April, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 25, 2008"
The file consists of the mailing list to 32 neighboring property owners, the Town's required forms for this area variance, a narrative, site plans and elevations of the proposed addition, and the Town Planners comments.
The Town Planner had the following comments: "The applicant has requested an area variance to construct an addition that will encroach into the front yard setback. No planning objections."
Paul Krekeler, applicant, presented the case.
Chairman Barber stated that it looks very straightforward. Chairman Barber asked Don Cropsey if variances had been granted in the past in this neighborhood.
Don Cropsey replied that they have, most of the homes are very close to the road and some of the lots are irregularly shaped as well.
Chairman Barber asked if this would be consistent with the neighborhood.
Don Cropsey replied that with the addition it would be pretty consistent with the other houses in the neighborhood.
Chairman Barber asked Mr. Krekeler if any of his neighbors had concerns with the proposed addition.
Mr. Krekeler stated that they have talked to a few of their neighbors and nobody seems to have any objection to the addition.
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.
Chairman Barber made a motion for approval of:
Variance Request No. 4071
Request of Paul & Patricia Krekeler for a Variance of the regulations under the Zoning Law to permit: the construction of a 10' x 32' single-story addition to the front of an existing single-family home for the purpose of expanding the living room and master bedroom. A front yard variance is requested. A 35' setback is required; 22'+/- will be provided, a 13'+/- variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by: Paul and Patricia Krekeler
Situated as follows: 23 Victor Drive Albany, NY 12203
Tax Map #52.05-1-34 Zoned: R15
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held this evening. No residents provided either written or oral comments regarding the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no planning objections.
The Board further finds that the proposed addition will permit the expansion of a bedroom and living room which are at the front of the house.
The addition will be substantially in line with other nearby residences. The Board has previously granted variances in the front yard setback in this neighborhood. Therefore, the Board finds that there will not be a negative impact upon the character of the neighborhood and no detriment to nearby property owners.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
Hours of construction shall be limited to the following: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sue Macri. Vote 7 – 0.
MATTER OF CHARLES CARROW – 5878 OSTRANDER 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 of the Zoning Law on the following proposition:
Variance Request No. 4069
Request of Charles Carrow for a Variance of the regulations under the Zoning Law to permit: the placement of a 30' x 30' single-story detached garage building in a side yard.
Per Articles IV & V Sections 280-34 & 280-51 respectively
For property owned by: Charles Carrow
Situated as follows: 5878 Ostrander Road Altamont, NY 12009
Tax Map #50.00-2-16.5 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of April, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 25, 2008"
The file consists of the mailing list to 11 neighboring property owners, the Town's required forms for an area variance, a narrative, the Town Planner's comments, plot plan of the site along with a depiction of where the proposed shed will be located.
The Town Planner had the following comments: "The applicant has applied for an area variance to construct a detached garage in the required side yard. No planning objections."
Charles Carrow, applicant, presented the case. Mr. Carrow stated that he would like to construct another garage across his driveway which cannot be seen from the street. Mr. Carrow stated that the garage would be 126' off the back property line which he currently owns. Mr. Carrow stated that he has a 1000-gallon propane tank located in his yard so the garage could not be moved further back.
Chairman Barber asked if his neighbors had any concerns.
Mr. Carrow replied that there is a hedgerow between the properties and they do not have any objections to the garage.
Sharon Cupoli asked if the garage would be sided to match the house.
Mr. Carrow replied that it would and the front of the garage would be brick to match the house.
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.
Chairman Barber made a motion to approve:
Variance Request No. 4069
Request of Charles Carrow for a Variance of the regulations under the Zoning Law to permit: the placement of a 30' x 30' single-story detached garage building in a side yard.
Per Articles IV & V Sections 280-34 & 280-51 respectively
For property owned by: Charles Carrow
Situated as follows: 5878 Ostrander Road Altamont, NY 12009
Tax Map #50.00-2-16.5 Zoned: RA3
This decision is based upon the following findings of fact:
A public hearing was duly noticed and no comments, either written or oral were received.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the application.
The Board further finds that the house is approximately 266' from Ostrander Road. The proposed garage will be approximately 278' from the road. The proposed garage does not require a variance in terms of footage from either the side or the front yard setbacks, it is simply because it is in the side yard.
The adjacent house is forward of the applicant's house and also of the proposed shed.
The area is heavily wooded with a hedgerow between the two properties which will further buffer both the view from the adjacent property and also from Ostrander Road.
The Board further notes that while the need for the variance is obviously self-created, the request however will not change the character of the neighborhood and will not create an adverse detrimental impact upon nearby properties.
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: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this variance is not exercised within one year of date of issuance, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF TIMOTHY MILLER – 6 ZOAR 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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 4070
Request of Timothy Miller for a Variance of the regulations under the Zoning Law to permit: the placement of a 7' x 10' storage shed in a front yard and beyond the 12° angle of repose intersection.
Per Articles IV & V Sections 280-29, 280-34 & 280-51 respectively
For property owned by: Timothy Miller
Situated as follows: 6 Zoar Avenue Albany, NY 12203
Tax Map #63.12-1-20 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of April, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 25, 2008"
The file consists of the mailing list to 32 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a picture of the condition of the property, a narrative and a site plan that shows the proposed shed location.
The Town Planner had the following comments: "The applicant is requesting two variances to place a shed in the front yard setback and within the angle of repose setback. Because of the configuration and topography of the lot, it would be difficult to place a shed without some relief from the setback restrictions. I have no objection contingent on every effort being made to minimize the setbacks and the visual impact on adjoining neighbors."
Timothy Miller, applicant, presented the case.
Chairman Barber stated that this was an older home on an irregularly shaped lot.
Chairman Barber asked if any of the neighbors had voiced any concerns regarding the application.
Mr. Miller replied that he had talked to the neighbors next door and they did not have a problem with it.
Chairman Barber stated that a lot of the houses on the road have irregularly shaped lots.
Chairman Barber stated that there is a very steep hill and that this is probably the best location possible.
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.
Chairman Barber made a motion for approval of:
Variance Request No. 4070
Request of Timothy Miller for a Variance of the regulations under the Zoning Law to permit: the placement of a 7' x 10' storage shed in a front yard and beyond the 12° angle of repose intersection.
Per Articles IV & V Sections 280-29, 280-34 & 280-51 respectively
For property owned by: Timothy Miller
Situated as follows: 6 Zoar Avenue Albany, NY 12203
Tax Map #63.12-1-20 Zoned: R10
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held this evening and was supplemented by mailing the legal notice to property owners within 500' of said property. 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 based on the topography of the site.
The Board further finds that given the topography including a steep hill and the configuration of the lot the placement of the shed as proposed by the applicant is the best location possible on the site. However, it does require a variance because it is located within the front yard setback and within the angle of repose setback.
The property is located on the end of the street and does not appear to be incompatible with neighboring properties or a detriment to those properties.
The rear and side yards appear to be encumbered by a sewer easement which would further hamper the ability to place the shed at that location.
The house dates back to 1918 which predates the zoning code and as most houses on the street, they are located within the angle of repose, therefore it is not a self-created situation.
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 these variances are 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 Sharon Cupoli. Vote 7 – 0.
MATTER OF HOLIDAY INN EXPRESS – 1442 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. 4073
Request of Timely Signs of Kingston, Inc. for a Variance of the regulations under the Zoning Law to permit: the placement of a building mounted 31sf hotel identification sign in addition to an existing 40sf freestanding sign. A 21sf variance is requested above the required 50sf permitted.
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by: Turf Western Avenue, Inc.
Situated as follows: 1442 Western Avenue Albany, NY 12203
Tax Map #52.20-4-3 Zoned: GB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of April, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 26, 2008"
The file consists of the mailing list to 37 neighboring property owners, the Town's required forms for an area variance, Albany County Planning Board's notification, a narrative, photos of the prior signs and the proposed signs and a plot plan of the property.
The Albany County Planning Board's notification of 3-20-08 was to defer to local consideration.
Ozzie Reichert of Timely Signs presented the case. Mr. Reichert stated that the Holiday Inn Express has changed their logo and they were approved for a new 40sf freestanding sign in the front on Western Avenue. A 72sf existing wall sign was removed and they are asking for a 31sf wall sign.
Chairman Barber asked if a variance had been granted in the past for 104sf of signage.
Don Cropsey replied that he could not locate any variance previously granted.
Chairman Barber stated that this wall sign would be 400' from the road and is intended to mark the entrance to the building.
Mr. Reichert replied that was correct.
Chairman Barber asked if there were any questions or comments from the residents.
Martha Haurasz of 1445 Western Avenue and a member of the McKownville Improvement Association had concerns regarding the amount of signage and the brightness of the new sign on Western Avenue.
Chairman Barber explained that there does not appear to be a variance granted for the total of 104sf that was previously there and they have actually reduced the total square footage to 71sf so they would be coming into greater compliance with the code.
Brian Straughter of Turf Hotels thanked Ms. Haurasz for her comments. Mr. Straughter stated that they felt that the sign on the building was needed because they set so far back off the road.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 7 – 0.
Jim Sumner stated that he felt that it was necessary to have the sign on Western Avenue for safety reasons.
Tom Remmert asked if the new sign had the street number on it because that definitely helps people locate the building easier.
Kathy Twara(?), General Manager of the hotel felt that they did need the street number for emergency services and they would address that immediately.
Chairman Barber made a motion for approval of:
Variance Request No. 4073
Request of Timely Signs of Kingston, Inc. for a Variance of the regulations under the Zoning Law to permit: the placement of a building mounted 31sf hotel identification sign in addition to an existing 40sf freestanding sign. A 21sf variance is requested above the required 50sf permitted.
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by: Turf Western Avenue, Inc.
Situated as follows: 1442 Western Avenue Albany, NY 12203
Tax Map #52.20-4-3 Zoned: GB
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and supplemented by mailing legal notices to properties within 500' and one resident appeared in opposition to the request.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Albany County Planning Board had no objections to the request.
The Town Planner had no objections to the request.
The Board further notes that the hotel has an existing freestanding sign 40sf sign at the street. The proposed sign will be a building mounted 31sf sign bringing the total amount of square footage to 71sf as opposed to the old two signs which total over 104sf. Therefore, the two new sign have reduced the signage by 33sf.
The Board further notes that the building mounted sign is for a building that is approximately 400' from Western Avenue and that this will provide a direction for both customers and other persons who may need to locate the hotel.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The applicant shall work with the Zoning Administrator on addressing any concerns that neighbors may have regarding the intensity of the lights from the signs.
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 filing, it is hereby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF SEFCU – RT. 146 AND GUN CLUB ROAD
Allen 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. 4072
Request of Jeff Thomas for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the construction of a 2550sf branch bank on a 1.07acre parcel of land at the intersection of NYS Rt. 146 and Gun Club Road. This project will entail the development of 42 parking spaces and drive aisles as well as landscaped and buffer areas. Variances are requested to allow a portion of 4 parking spaces along Gun Club Road to encroach a front yard setback and to allow 12 parking spaces and a drive aisle within a required 40' buffer between a local business zone and a residential zone.
Per Articles III & V Sections 280-20 & 280-51 & 52 respectively
For property owned by: Jeff Thomas
Situated as follows: N.W. corner of the intersection of NYS Rt. 146 and Gun Club Road
Tax Map #37.04-1-6.1 & 6.3 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of April, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 26, 2008"
The file consists of the mailing list to 40 neighboring property owners, the Town's required forms for a Special Use Permit and Variance, the Short Environmental Assessment Form, the Town Planners comments, the site plan review by the Town Planning Board, Albany County Planning Board's recommendation, the Village of Altamont's referral, the Town Planners comments of 3-26-08, a project narrative provided by Brett Steenburgh , P.E., a lighting plan, plans and depictions of the proposed SEFCU branch, a pamphlet regarding the type of lighting to be used, an engineers report prepared by Brett Steenburgh, P.E., and plans incorporating suggestions provided by the Town Planning Board.
Albany County Planning Board's recommendation of 3-20-2008 was modify local approval to include: 1) Review by the NYSDOT for design of highway access, drainage and assessment of road capacity, 2) The Village of Altamont should be notified since this property is just outside their downtown area and is on their Main St., and 3) The Town should be satisfied that a SWPPP under DEC regulations is not needed as per applicant's statement.
The site plan review provided by the Town Planning Board was to recommend with the following conditions: 1) stormwater management plan be provided, 2) lighting plan be developed, 3) construct sidewalk along Gun Club Road to site driveway, 4) nine spaces proposed in front yard should be landscaped to adequately screen parked cars from Rt. 146 year round and 5) NYSDOT review of one-way exit.
The Village of Altamont provided the following referral dated April 1, 2008:
Recommendations: 1) provide sidewalk along Gun Club Road property line, 2) reduce number of parking spaces requested by financial institution/provide justification for requested number of parking places, 3) submit lighting plan with emphasis on zero glare to contiguous properties and thoroughfare, 4) develop plan for drainage basins that enhance aesthetics of corner/landscape; investigate possible rain garden in design, 5) work with Altamont DPW regarding landscaping over water and sewer easement along western property line and 6) enhance pedestrian and traffic safety at Gun Club/Rt. 146 intersection through collaboration with Village, Town and DOT.
The Town Planner had the following comments: "The applicant has requested a special use permit to construct a 2550sf branch bank on this one acre site. The site plan includes sidewalks along Rt. 146, a two-way entrance/exit from Gun Club Road and an "exit only" on Rt. 146, 42 parking spaces, and landscaping. I have the following comments:
- 42 parking spaces is excessive for this use. The majority of local banks have between 20 and 25 spaces which are adequate. The Board should consider requiring banked areas of green space where the additional parking could be installed if needed. These areas should be along the road setbacks to eliminate any variances.
- The Village of Altamont has favorably reviewed the architecture of the building.
- The proposed on site detention area should be shown and a stormwater management plan and lighting plan must be provided.
- A sidewalk should be installed along Gun Club Road
No objection contingent on the above concerns being addressed."
Dominick Ranieri, architect, and Brett Steenburgh presented the request. Mr. Ranieri stated that SEFCU has selected this site as a prime site for handling clients in the hilltown and rural locations. Mr. Ranieri stated that they have worked very closely with SEFCU on the building design. Mr. Ranieri stated that one of the suggestions to their SEFCU's architect was that the bank be positioned on the site in a way that is respectful to the other buildings on the commercial sector on the street. Mr. Ranieri stated that there will be a landscaped buffer that will maintain greenspace and some pedestrian clearances.
Mr. Raineri discussed the architectural details of the building. Mr. Raineri discussed the parking needed by the bank. Mr. Raineri stated that there would be 15 to 20 employees in this facility because it is also an operations facility so that is the need for 42 parking spaces.
Mr. Raineri discussed the variance requested from the buffer. Mr. Raineri stated that they would be planting fast growing pine trees along the entryway to obscure traffic and parking from the single family home. There is another 45' buffer off of Gun Club Road from the single-family home. There is another 45' buffer off of Gun Club Road and three parking spaces encroach slightly into that buffer so there will be landscaping added on the Gun Club Road also. To obscure some of the parking along Rt. 146 they would be installing a small hedgerow and flowers.
Brett Steenburgh, engineer, spoke about the stormwater management system. He said that they were planning a French drain system along the edge of pavement with a very shallow swale at the edge of pavement. Mr. Steenburgh stated that the greenspace around the parking lot about one foot higher than the parking lot and will obscure the front of the cars without obscuring the very nice architecturally designed building. Mr. Steenburgh discussed the lighting. He said that they are proposing 12' high "Central Park Series" lighting which are a decorative Victorian style light and will try to minimize the number of lights. The lighting on the building itself will be coach lighting for more residential appeal.
Sharon Cupoli asked about the lighting for the ATM.
Mr. Steenburgh stated that with the large canopy a lot of it would be undermounted lighting in that area to provide the illumination around the ATM but there are posts to have coach lighting mounted around the canopy too. The lighting underneath the canopy does not spread out much from the canopy because it is down style lighting and is limited by the roofline.
Chairman Barber asked if there was enough space on sight for stacking purposes at the drive thru.
Mr. Raineri replied that is one of the reasons that the building is justified west on the site and there is room for queuing on site.
Chairman Barber asked about the number of parking spaces.
Mr. Ranieri replied that the bank's requirement is 40 so they could use a few of them to further enhance the landscaping.
Chairman Barber asked about the landscaping along the Gage property.
Don Cropsey replied that the trees along that line would be increased in height.
Mr. Ranieri stated that the trees that would be planted would be 6 to 8' in height and would grow relatively fast.
Robert Feller asked about the large number of parking spaces the bank required.
Mr. Ranieri stated that there are more in-office banking opportunities in this bank than in other banks.
Charles Carrow stated that this differs from a standard banking facility; SEFCU offers a wide group of services, it is not just a town bank.
There was discussion regarding the French drain and the stormwater runoff onto Rt. 146.
Chairman Barber asked Don Cropsey about appointing a TDE and what their scope might be.
Don Cropsey replied stormwater management would be the only issue as it is a relatively small site and they have addressed many of the concerns that have been raised.
Chairman Barber asked if there were any questions or comments from the residents.
Dennis Blackman of 6341 Gun Club Road had concerns regarding the drainage onto Gun Club Road and the traffic flow. Mr. Blackman stated that there is limited sight distance coming up Rt. 146 and taking a left out of Gun Club Road would be dangerous. Mr. Blackman would rather see people taking a left after the drive thru.
Chairman Barber replied that a traffic analysis had been done on that issue and that is an approved intersection and the question really is whether the traffic would be increasing so much as to increase the risk.
Mr. Ranieri replied that with their review with the Altamont Referral Committee there were discussions regarding the intersection and pursuing with DOT the possibility of moving the 30mph zone further away from the intersection. Mr. Ranieri stated that in terms of trying to make it a one-way exit, it does not work with the queuing so they need two exits.
David Behnke of 757 Rt. 146 had concerns regarding the number of parking spaces, the amount of traffic, noise, hours of operation, headlights, lighting and the ATM hours of operation.
Mr. Steenburgh replied that the hours would follow most banking hours, the latest evening hours would probably be 5 or 6 with some Saturday hours.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion to appoint Delaware Engineering as TDE to review the stormwater management plan provided by Brett Steenburgh. Motion seconded by Al Maikels. 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 a special use permit and variances necessary to construct a 2550 sf branch bank at the intersection of Rt. 146 and Gun Club Road would have a significant impact upon the environment. This review consisted of the comments provided to us by the Albany County Planning Board, the Town Planning Board, the Town Planner and the Village of Altamont Referral Committee. This Board has also looked at the Short Environmental Assessment Form submitted by the applicant and conducted a public hearing. Based upon this evidence, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 4072
Request of Jeff Thomas for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the construction of a 2550sf branch bank on a 1.07acre parcel of land at the intersection of NYS Rt. 146 and Gun Club Road. This project will entail the development of 42 parking spaces and drive aisles as well as landscaped and buffer areas. Variances are requested to allow a portion of 4 parking spaces along Gun Club Road to encroach a front yard setback and to allow 12 parking spaces and a drive aisle within a required 40' buffer between a local business zone and a residential zone.
Per Articles III & V Sections 280-20 & 280-51 & 52 respectively
For property owned by: Jeff Thomas
Situated as follows: N.W. corner of the intersection of NYS Rt. 146 and Gun Club Road
Tax Map #37.04-1-6.1 & 6.3 Zoned: LB
This decision is based upon the following findings of fact:
A public hearing was duly noticed and supplemented by a mailing to properties within 750' of the property. Three residents provided oral comments regarding drainage, traffic, hours of operation, and other matters pertaining to the application.
The Board adopted a negative declaration under SEQRA by a unanimous vote.
The Albany County Planning Board's notification of 3-20-08 was to have the application reviewed by DOT for the design of highway access, drainage and assessment of road capacity, by the Village of Altamont Referral Committee and also review in terms of any DEC regulations regarding stormwater management.
The Town Planning Board addressed the same concerns: a stormwater management plan, a lighting plan, construction of a sidewalk along Gun Club Road, review of the spaces proposed in the front yard setback and DOT review of the exit.
The Village of Altamont Referral Committee raised the same concerns.
The Board further finds that a branch bank is a permitted use in a Local Business zone.
The access to the site, including an entrance off of Gun Club Road, appears to be a better means of accessing the property as opposed to having one entrance on Rt. 146.
The on site stacking lane appears to be adequate for the purposes described by the bank's representative.
The proposed building itself is very attractively designed and extensively landscaped. The applicant has shown a willingness to enhance the landscaping to address any concerns that may be raised over time.
The lighting plan submitted by the applicant indicates that zero candle-power will be established at the property line. All lighting fixtures are downcast and will not have a negative impact upon adjoining properties.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as amended by the applicant and considered by the Board this evening with the modification that the number of parking spaces will be reduced to 40 with the two parking spaces in the northeast corner will be eliminated and converted to appropriate landscaping consistent with nearby landscaping.
The hours of operation shall be Monday – Tuesday and Thursday – Friday from 8:30am to 5pm, on Wednesday from 8:30am to 6pm and on Saturday from 9am to 1pm, consistent with the hours of operation at the SEFCU on Western Avenue.
Construction hours shall be limited to the following: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
DOT approval as required by the Albany County Planning Board in terms of access to and from the site, approval of the one-way exit and drainage onto Rt. 146. DOT will also look at reducing the speed limit in the area around the branch.
Review and approval by the Village of Altamont Department of Public Works for landscaping and other work over any water or sewer easements on the property.
The stormwater management plan shall be approved by the TDE, Delaware Engineering.
The appropriate fire department shall review for compliance with any fire regulations or concerns.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit/Variances are 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 Sharon Cupoli. Vote 7 – 0.
OTHER:
The Board accepted the withdrawal request of Starbucks at 1206-1210 Western Avenue. Vote 7 – 0.
The Board approved a "Coming Soon" temporary banner for two weeks and a 40sf freestanding identification sign for Evans Public House at 5180 Western Turnpike. Vote 7 – 0.
The Board denied two signs for Subway at 1800 Western Avenue as they do not qualify for temporary signage. Vote 7 – 0.
The meeting adjourned at 9:45pm.
| 
