TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
MAY 21, 2008
Members Present
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Peter Barber, Chairman Charles Cahill, Alternate Sharon Cupoli Susan Macri Allen Maikels Mike Marcantonio Tom Remmert, Acting Chairman James Sumner Robert Feller, Counsel
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_____________________________________________________________________
Chairman Barber opened the meeting and pointed out the emergency exits in the event they were needed.
CONTINUED CASES:
MATTER OF MEZZANOTTE – 2026 WESTERN AVENUE
Chairman Barber stated that this is a continued case from a month ago and they had asked the applicant's attorney to address some issues that had come up regarding the parking arrangement on the property across the street, landscaping around the proposed outdoor patio and a few other items.
Victor Caponera, the applicant's attorney, addressed some of the issues requested by the Board. Mr. Caponera submitted a revised lease agreement between his client and Mr. Gagliardi to reflect exclusivity of parking on his property. Mr. Caponera stated that his client has agreed to add landscaping around the patio and work with Don Cropsey and submit a revised plan showing the additional landscaping. Mr. Caponera stated that they are prepared to add additional landscaping around the existing patio as well as trying to add more plantings to the berm. Mr. Caponera stated that the 3' stockade fence would be removed and replaced with a 6' stockade fence. They are also prepared to add two signs at Mr. Gagliardis parking area; one would be at Sumter which would say "No right hand turns after
5pm" and another sign on Cornell which would read "No left hand turn after 5pm".
Chairman Barber stated that the applicant had withdrawn the request for the upstairs expansion and as a result of that it was deemed that there are no parking variances required.
Mr. Caponera stated that was correct.
Chairman Barber stated that the Board has an obligation to follow the code and the Board needs to determine whether there are adequate parking spaces within control of the applicant; whether it is on their own property or through an exclusive arrangement within 300' and once that is determined, the Board's job in terms of parking is complete. The goal is to have people not park on the street, but on-street parking is perfectly legal but they are trying to discourage that.
Chairman Barber stated that the residents could petition the Town Board through the Safety Committee to have no parking on either Cornell or Sumter Avenue, they could do so.
Mr. Caponera stated that there were two delivery trucks that would not fit in the parking lot but all of the other trucks should be pulling into the parking lot.
Chairman Barber discussed the smaller trucks being directed out onto Rt. 20 and not cutting through the neighborhood.
Jim Sumner asked if there would be any music on the patio.
Mr. Caponera stated that there would not.
Jim Sumner stated he had driven by one evening and seen cars parking on the street and why they don't have the valet parking anymore.
Chairman Barber responded that on that evening the cars on the street were at a party on the street, not at Mezzanotte.
Mr. Caponera stated that the valet parking has been discontinued because there is no need for it but should the need arise, they are prepared to do it again.
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 for this Unlisted Action:
"This Board has conducted a careful review of this application to determine whether the granting of this amended special use permit 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 public hearings. This is also based upon the fact that this Board issued a Special Use Permit for this restaurant in March of 2006 and based upon the review of complaints and investigations, the Zoning Department has found that the restaurant is in substantial compliance other than a couple of isolated issues which have been promptly addressed by the applicant. Based upon our review, 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:
Amend Special Use Permit #07-06/Request No. 4065
Request of Victor A. Caponera, Jr., Esq. as attorney for Stellare, LLC for an amendment to Special Use Permit #07-06 under the Zoning Law to permit: the use of an existing outdoor patio area for seasonal dining for up to 18 patrons of an existing sit-down restaurant. In addition, a modification of the hours of operation is sought which would include Sunday dining hours.
Per Articles III and V Sections 280-20 & 280-52 respectively
For property owned by: Stellare, LLC
Situated as follows: 2026 Western Ave. Albany, NY 12203
Tax Map #51.07-2-28 Zoned: LB
The Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailing to nearby property owners. A number of residents spoke at the prior public hearing and submitted written comments which the Board has considered during this public hearing.
This is an Unlisted Action under SEQRA. This Board adopted a negative declaration by a unanimous vote.
The Albany County Planning Board's determination of 2-21-08 was to defer to local consideration.
The Town Planning Board's site plan review of 3-12-08 was to recommend approval with conditions.
The Town Planner found no planning objections to the granting of the application as long as the adequacy of the parking was determined and the impacts of outdoor dining were addressed.
The Board also notes that the NYS Court of Appeals has determined that the listing of a particular use, in this case a sit-down restaurant, as an allowed use at this location is tantamount to a finding that it will not have an adverse effect on the character of the neighborhood. The restaurant is located on Western Avenue, which is a four-lane highway and a short distance from major intersection. Nonetheless, the Board did, in its special use permit of March 15, 2006, impose numerous conditions in an effort to mitigate any impacts upon neighboring properties.
Over the past 26 months of operation, the Zoning Enforcement Officer has investigated complaints and directed the applicant to take certain actions, which the applicant has undertaken. The Zoning Enforcement Officer has determined that the applicant is in full compliance with the existing special use permit.
The Board further finds that since its submission the application has been modified to address some of the concerns of the neighbors and comments by the Planning Board, the Zoning Board and the Zoning Department. With regard to parking, the zoning code requires a certain number of spaces based upon a particular use to make certain that there is no need to use on-street parking. On-street is an allowed use on this street but the goal is to minimize the impacts upon neighboring properties. With the withdrawal of the request regarding 30 patrons for the second floor space, the Zoning Administrator has determined that a parking variance is not required and that there is adequate parking within the control of the applicant. No variance of any kind is requested by this application.
In response to neighboring concerns regarding the hours of operation, particularly on the patio, the applicant has reduced the hours of operation for that space. The proposed submitted hours of operation are consistent with other restaurants both in terms of Sunday use and nighttime use and is also consistent with other restaurants and other businesses that are located near residential neighborhoods.
In granting this decision and to provide further enhancements and protection for the neighborhood the Board imposes the following conditions:
As required by the Planning Board, the submission of a site plan to the Zoning Department by June 15, 2008 showing the actual improvements in terms of landscaping and other items.
Adherence to the representations made by the applicant in both the application and during the public hearings.
For the parking lot at 2020-2022 Western Ave, add a 6' stockade fence up to the Town's right-of-way on the restaurant side of that parking lot.
All trucks, except for tractor trailers, shall park and unload only in the rear parking lot of the restaurant and shall exit onto Western Avenue.
Work with the Zoning Department on placing additional landscaping on the berm to shield residences from headlights and other activities taking place in the parking lot.
Work with the Zoning Department on placing landscaping behind or in front of a stockade fence around the patio to reduce any noise impacts.
Placement of additional signs on the parking lot exits from 2020-2022 Western Avenue which state no right hand turn after 5pm on Sumter Avenue and no left turn on Cornell Avenue after 5pm with the goal being to discourage traffic from cutting through the residential neighborhood. These signs would be advisory signs only.
The applicant has supplied a revised parking agreement for review by Counsel to make sure it complies with the goal of having exclusive use during the time periods that the restaurant is in operation and if necessary filed with the Albany County Clerk's Office.
The hours of operation for the indoor restaurant are modified to read as follows: Monday – Thursday from 5pm to 11pm, Friday from 5pm to midnight, Saturday from 11am to midnight and on Sunday from 11am to 10pm. The outdoor patio hours are as follows: Monday – Friday from 5pm to 10pm, Saturday from 11am to 10pm and Sunday from 11am to 9pm. There will be no music or loudspeakers on the outdoor patio.
Amend the restriction on the employee parking which at this point restricts the employee parking to the parking lot across the street to allow employee parking to be on site to use the stacked parking spaces to increase the availability of parking spaces for patrons.
Except as modified by this amended special use permit the continued adherence to the existing special use permit #07-06.
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 DOMINIC SCALISE – 1436 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 Articles IV & V of the Zoning Law on the following proposition:
Special Use Permit/Variance Request No. 4084
Request of Dominick Scalise for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the use of 900+/-sf of space in an existing non-conforming auto repair garage. Two garage bays and a small office will be utilized. Former tenants include a gasoline depot, auto parts sales and auto glass replacement. Parking and landscaping to be determined by the Board.
Per Articles IV & V Sections 280-31 & 280-51& 52 respectively
For property owned by Anthony Caccamo
Situated as follows: 1436 Western Avenue Albany, NY 12203
Tax Map # 52.20-4-7 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of May, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 8, 2008"
The file consists of the mailing list to 95 neighboring property owners, the Town's required forms for a special use permit, a Short Environmental Assessment Form, Albany County Planning Board's notification, the Town Planners comments, a letter from Carol Strassburg Doolitle with concerns, a lease agreement, site plan, a brief narrative, photos, computer generated pictures and the layout of the proposed site.
Albany County Planning Board's notification of May 15, 2008 was to defer to local consideration.
The Town Planner had the following comments: "The applicant has requested a special use permit to use a portion of the existing building for the installation of automotive products. The rear of the building is presently used for automotive repair which is a non-conforming use in this BNRP district. The site is a large paved parcel opposite Passano Paints on McKown Road.
All work for the proposed use is done by appointment and no retail sales are conducted on site. The applicant intends to renovate the building and plant additional landscaping. My only concern would be whether the on site parking will be adequate to accommodate both uses. The entire parcel is paved but there is no striped parking spaces. Nor does the site plan show proposed parking.
I have no planning objections contingent on the parking being delineated on site, and that is shown to be sufficient for the uses."
Chairman Barber stated that the Town Planning Board would still have to give their site plan review so the Zoning Board would not be able to vote on this case tonight, but would hear an overview on it and reschedule some point down the road.
Dominic Scalise gave a brief overview of the project. Mr. Scalise stated that you would choose something from a catalog, they would order it and then an appointment is set up and they would install the part on the vehicle.
Chairman Barber asked what type of things they would install.
Mr. Scalise replied wheels, some type of lighting, and appearance items for vehicles.
Chairman Barber asked if there would be any retail items in the store.
Mr. Scalise stated there would not be. Mr. Scalise stated that everything would need to be ordered.
Chairman Barber asked if there would be some restriction on people accessing the site unless they have an appointment.
Mr. Scalise replied that most people are by appointment only, they do not get a lot of passers by stopping in.
Chairman Barber asked about adequate parking on site and discussed the nonconforming use.
Chairman Barber stated that he would like to review the previous special use permits for this property and compare what the applicant would like to do to the previous special use permits and make sure that this is not an expansion beyond that.
There was discussion regarding the previous uses in this building.
Chairman Barber asked if there were any questions or comments from the residents.
Don Reeb, President of the McKownville Improvement Association stated that he would like to see the site and building look more attractive, reduce the stormwater runoff and had concerns with Mr. Hansen parking on this site.
There was discussion regarding the sidewalk and the possibility of the curbcut being narrowed.
Theresa Jacino, representing Anthony Caccomo, stated that their intent was to restore the building and the corner to when it was in its prime.
Sharon Cupoli asked about the Hansen's trucks being parked on their property.
Ms. Jacino replied that there is not any formal arrangement; she has asked them not to park there.
Counsel Feller asked if there were any special use permits in effect now.
Don Cropsey replied that there have been several special use permits through the years.
Counsel Feller stated that the improvements would need to be made by the owner.
Chairman Barber made a motion to continue the case to June 4th, 2008 to give the Town Planning Board time for a site plan review. Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF PHILLIP ROBERTS – 1971 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 Request No. 4082
Request of Philip Roberts for a Special Use Permit under the Zoning Law to permit: the construction of a 36' x 32' single-story garage building for the storage of property maintenance equipment. All site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Roberts Western, LLC
Situated as follows: 1971 Western Ave. Albany, NY 12203
Tax Map # 51.08-4-29.2 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of May, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 8, 2008"
The file consists of the mailing list to 57 neighboring property owners, the Town's required forms for a special use permit along with a Short Environmental Assessment Form for this Unlisted Action, Albany County Planning Board's notification of 5-15-08, the Town Planning Board's site plan review, the Town Planner's comments of May 14, 2008, a narrative, a site plan and elevations of the proposed garage.
Albany County Planning Board's notification of 5-15-08 was to defer to local consideration.
The Town Planning Board's site plan review of 5-14-08 was to recommend without any suggestions or conditions.
The Town Planner had the following comments: "The applicant has requested a special use permit to construct an accessory garage in the rear of the property. The structure will be used to house maintenance equipment and will be designed and located as to blend with the existing structure and topography. No planning objections."
Phillip Roberts, applicant, presented the case. Mr. Roberts stated that they would like to store their plow truck, some maintenance equipment, plows, snow blower, etc. in the accessory garage. Mr. Roberts stated that the building would be located at the rear of the parking lot and will be tucked into the bank in the rear of the lot. Mr. Roberts stated that the building would match the existing buildings on site.
Chairman Barber asked if this would occupy existing parking spaces.
Mr. Roberts replied that it would take up four parking spaces but would probably free up three parking spaces which now have all the maintenance equipment on them. His net loss would be one parking space.
Don Cropsey stated that he could use the two bays for parking spaces, so he would be right at the number needed.
Don Cropsey stated that a resident had concerns regarding a second access to Alvina Blvd.
Mr. Roberts replied that there is no reason or intent now or in the future to create an additional opening onto Alvina Blvd.
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 review of this application to determine whether the granting of a special use permit to allow the construction of a 36' x 32' single story garage at 1971 Western Avenue would have a significant impact upon the environment. This review consisted of the comments provided to the Board by the Albany County Planning Board, the Town Planning Board and the Town Planner. Based upon the review of the application and the public hearing this evening, the Board determines that this garage will not have a significant impact and therefore 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 Request No. 4082
Request of Philip Roberts for a Special Use Permit under the Zoning Law to permit: the construction of a 36' x 32' single-story garage building for the storage of property maintenance equipment. All site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Roberts Western, LLC
Situated as follows: 1971 Western Ave. Albany, NY 12203
Tax Map # 51.08-4-29.2 Zoned: LB
This decision is based upon the following findings of fact:
A public hearing was duly noticed and the Board did not receive any comments in either written or oral form.
This Board adopted a negative declaration under SEQRA by a unanimous vote.
The Town Planning Board recommended with no suggestions or conditions.
The Albany County Planning Board deferred to local consideration.
The Town Planner had no objections to the request.
The Board further finds that the proposed structure will be located at the rear of the property and that based upon the topography of the site it will blend well into the environment and will not be visible from neighboring properties.
The garage itself will be designed consistent with the façade of the existing structure.
All site characteristics for this site have been previously reviewed and approved by the Board.
No parking variance is required or requested.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this 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 Jim Sumner. Vote 7 – 0.
MATTER OF DONNA AND CHARLES HOOD – 19 MAYNES AVENUE
Al Maikels read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles III & V of the Zoning Law on the following proposition:
Variance Request No. 4081
Request of Donna and Charles Hood for a Variance of the regulations under the Zoning Law to permit: the construction of a 14' x 16' single-story master bedroom addition to the rear of an existing single-family home. A 15' side yard setback is required; 10.5'+/- is proposed, a 4.5'+/- variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Donna and Charles Hood
Situated as follows: 19 Maynes Avenue Albany, NY 12203
Tax Map # 51.12-7-12 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of May, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 7, 2008"
The file consists of the mailing list to 51 neighboring property owners, the Town's required forms for this area variance, the Town Planners comments, a plot plan indicating the location of the proposed addition and some elevation drawings.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a residential addition that will encroach into the side yard setback by 4.5feet. The addition will align with the existing house placement. No planning objection."
Donna Hood, applicant, presented the case.
Chairman Barber stated that it seems that the house itself is already in the side yard setback and all they are doing is building out the back.
Ms. Hood stated that was correct.
Chairman Barber asked if there were any concerns from any of their neighbors.
Ms. Hood replied "no" and submitted a letter from some of her neighbors who noted they have no objections to the variance request.
Chairman Barber asked if this was going to be constructed with the same type of materials as the current house.
Ms. Hood stated it would.
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. 4081
Request of Donna and Charles Hood for a Variance of the regulations under the Zoning Law to permit: the construction of a 14' x 16' single-story master bedroom addition to the rear of an existing single-family home. A 15' side yard setback is required; 10.5'+/- is proposed, a 4.5'+/- variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Donna and Charles Hood
Situated as follows: 19 Maynes Avenue Albany, NY 12203
Tax Map # 51.12-7-12 Zoned: R15
This decision is based upon the following findings of fact:
A public hearing was duly noticed and the Board received a letter dated May 9, 2008 from four neighbors indicating they had no objection to the request.
The Town Planner had no planning objections noting that the proposed addition would be in line with the existing house.
The Board finds that the proposed addition is consistent with the existing structure and will be in line with the existing home placement.
The existing home itself already is within the side yard variance. At the time of its construction it was obviously in compliance. Therefore the addition which will allow the family to live in the house for years to come will not extend any further into the side yard.
The addition will be designed and appear to be consistent with the appearance of the existing home.
The variance is not substantial and 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.
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.
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 JOHN WALLACE – 480 RT. 146
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, IV & V of the Zoning Law on the following proposition:
Variance Request No. 4083
Request of John Wallace for a Variance of the regulations under the Zoning Law to permit: the reconstruction of an abandoned single-family home. A variance is requested to allow the structure within a 100' setback from a watercourse. A 56' setback is proposed with a 44' setback variance requested.
Per Articles III, IV & V Sections 280-14, 280-29 & 280-51 respectively
For property owned by John Wallace
Situated as follows: 480 Rt. 146 Guilderland Center, NY 12085
Tax Map # 38.20-1-31 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of May, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 8, 2008"
The file consists of the mailing list to 20 neighboring property owners, the Town's required forms for an area variance, Albany County Planning Board's recommendation, the Town Planners comments, a note from a neighboring property owner indicating they have no objection to the reconstruction of the abandoned single-family home, the site plan showing the buildings to be demolished and the location of the existing house.
Albany County Planning Board's recommendation was to defer to local consideration.
The Town Planner had the following comments: "The applicant has applied for a variance to reconstruct an abandoned house which is located 56' from the Black Creek. All conditions are pre-existing. Further, the applicant will abandon the existing septic and hook up to the Town sewer, which will be an environmental benefit. No planning objections."
John Wallace, applicant, stated he would like to reconstruct this building and bring it back to life; the building has a lot of character. Mr. Wallace stated that he has inspected the property during heavy rainstorms and this building has never even had any water in the basement.
Chairman Barber asked how long the house had been abandoned.
Mr. Wallace stated that he knows someone was living there in 1978 but it was in pretty rough shape. Mr. Wallace stated that he saved as much as he could from the building and is trying to bring it back but up to code.
Chairman Barber asked if there are any other residences that are that close to the Black Creek at the present time.
Mr. Wallace stated there are; the bus garage is right on the creed, the fire department is about 25' away from the creek and they do not have any water problems.
Chairman Barber asked about access to the site.
Mr. Wallace replied there is access to the site through an easement and he is looking to run water and sewer over that easement.
Chairman Barber stated that he would not be surprised if there is some requirement to indicate where the flood zone would be on the plans.
Mr. Wallace replied that anybody that is located on Rt. 146 is in a flood zone.
There was discussion regarding the age of the house.
Sharon Cupoli asked if it was his intention to add on to the house at all.
Mr. Wallace stated that possibly in the future but right now it is going to be a two bedroom, two bath, two-story house and he is planning on living there.
Counsel Feller asked about the other structures that were demolished on the site.
Mr. Wallace replied that one was an out building that someone hauled in from Altamont at one time along with a caretaker's house toward the front of the lot. Mr. Wallace stated that there is a stable on the backside of it that he has rehabbed a bit.
Counsel Feller asked if there was any consideration given to building elsewhere on the site instead of where he is planning to build.
Mr. Wallace replied that there was no foundation, the floors were all rotted away and this foundation for the house that he is rehabbing was in great shape.
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. 4083
Request of John Wallace for a Variance of the regulations under the Zoning Law to permit: the reconstruction of an abandoned single-family home. A variance is requested to allow the structure within a 100' setback from a watercourse. A 56' setback is proposed with a 44' setback variance requested.
Per Articles III, IV & V Sections 280-14, 280-29 & 280-51 respectively
For property owned by John Wallace
Situated as follows: 480 Rt. 146 Guilderland Center, NY 12085
Tax Map # 38.20-1-31 Zoned: R15
The Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. One resident provided written comments to the Board stating they had no objection to the request.
This is a Type II Action under SEQRA, not requiring any SEQRA review.
Albany County Planning Board's recommendation was to defer to local consideration.
The Town Planning Board waived review of this application.
The Town Planner had no planning objections to the request.
The Board further finds that the existing structure is an abandoned house and has been on site for over 80 years and is located approximately 56' away from the Black Creek.
The Board also notes that there are other homes in this area that are closer to the Black Creek.
The applicant has agreed to use Town water and sewer which will provide an environmental benefit to the site and the neighborhood.
In granting this variance, the Board imposes the following conditions:
Adherence to the plans as submitted but note that the Building Department may require some more detailed plans in terms of flood zones and other building or fire code issues.
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 DAVID MORAN – 1890 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:
Amend Special Use Permit #32-06/Request No. 4080
Request of Garry Robinson for an amendment to Special Use Permit #32-06 under the Zoning Law to permit: the use of a +/-2000sf existing freestanding single story building for kitchen and bath cabinetry display and sales. All site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Wesronet Corporation
Situated as follows: 1890 Western Avenue Albany, NY 12203
Tax Map # 51.12-4-47 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of May, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 7, 2008"
The file consists of the mailing list to 64 neighboring property owners, the Towns required forms for a special use permit along with a Short Environmental Assessment Form for this Unlisted Action, a brief narrative, Albany County Planning Board's notification of 5-15-08, the Town Planners comments, a lease agreement between the property owner and the proposed tenant and a copy of the previous special use permit granted by the Board on 11-15-2006 to Capital Board and Bike.
Albany County Planning Board's notification of 5-15-08 was to defer to local consideration.
The Town Planner had the following comments: "The applicant is requesting a special use permit to use the existing building for a kitchen and bath cabinetry showroom. The building was formerly the Robinson's Auto Supply store and then a bike and board shop. I have no planning objections to this application as it is just a change in tenancy, there is no change to the existing site and the use seems to have limited parking demands."
Garry Robinson, owner of the property, presented the case. Mr. Robinson stated that they are just changing tenants. Mr. Robinson stated that he was very selective as his goal was to keep this a very low-key use and not create a lot of traffic. Mr. Robinson stated this cabinetry shop would compliment the hardware store next door. Mr. Robinson stated that this would be a showroom only with two employees and minimal impact. Mr. Robinson stated that there would be no problem with parking.
Mr. Moran stated that he is trying to branch out a bit, he has been running this mainly out of his house.
Chairman Barber asked what the hours of operation would be.
Mr. Moran replied he was considering 10am to 5pm with one possible evening staying open til 8pm and 10am to 5pm on Saturday.
Chairman Barber stated that there is an existing special use permit that would cover the hours of operation.
Sharon Cupoli asked how the business would work.
Mr. Moran replied that he would be ordering the cabinetry and delivered right to the customer. Mr. Moran stated that there would be showrooms in the store from which customers could pick out cabinetry.
Sharon Cupoli asked Mr. Moran if he anticipated a lot of deliveries to his store.
Mr. Moran replied "no". He warehouses some product, but that is in Altamont.
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 review of this application to determine whether amending of an existing special use permit for a shop for the sales of kitchen and bath cabinetry at 1890 Western Avenue would have a significant impact upon the environment. The Board notes that the existing conditions are preexisting conditions and this site has been previously reviewed by the Board. This review consisted of the comments provided to the Board by the Albany County Planning Board, the Town Planning Board and the Town Planner. Based upon the review of the application and the public hearing this evening, the Board determines 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:
Amend Special Use Permit #32-06/Request No. 4080
Request of Garry Robinson for an amendment to Special Use Permit #32-06 under the Zoning Law to permit: the use of a +/-2000sf existing freestanding single story building for kitchen and bath cabinetry display and sales. All site characteristics have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Wesronet Corporation
Situated as follows: 1890 Western Avenue Albany, NY 12203
Tax Map # 51.12-4-47 Zoned: LB
The Board makes 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.
The property owner was present and is in total support of the application.
The Board adopted a negative declaration under SEQRA by a unanimous vote.
The Albany County Planning Board's recommendation of 5-15-08 was to defer to local consideration.
The Town Planning Board had no objections and the Town Planner provided comments which the Board did consider this evening.
The Board also notes that all site conditions are preexisting and approved by the Board.
The use is a low intense use and more importantly is an allowed use in a local business zone.
No parking variances are required for this application.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Adherence to special use permit #32-06 which was issued in March of 2006.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this amended special use permit as amended 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.
SIGNS:
The Board approved a 6.6sf awning sign for Via Fresca at 1666 Western Ave. Vote 7 – 0.
The Board approved a temporary banner for Golds Gym for two weeks only. Vote 7 – 0.
The Board approved a temporary banner for McDonalds at 1604 Western Avenue for two weeks only. Vote 7 – 0.
The meeting adjourned at 9:30pm.
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