TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
AUGUST 6, 2008
Members Present
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Peter Barber, Chairman Charles Cahill, Alternate Sharon Cupoli Susan Macri Allen Maikels Mike Marcantonio Tom Remmert 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 BROWN/VIGNERI – 125 BIRCHWOOD DRIVE
Chairman Barber stated that this was a continued case from 7-2-08 and at that time the public hearing was closed. Since that meeting, additional materials have been received from the applicant regarding traffic use and other business located in the neighborhood. Chairman Barber stated that the Zoning Department did locate another special use permit for a massage therapist on Warren Street.
Ruth Brown, applicant, presented the case. Ms. Brown stated that they had purchased the house and had moved in this week.
Chairman Barber stated that the public hearing was closed and asked the applicant if they had anything they wished to add.
Ms. Brown stated that everything had been covered at the previous hearing.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of the application by Ruth Brown and Debbie Anne Vigneri for a home occupation for massage therapy at 125 Birchwood Drive. This review consisted of the public hearing conducted on July 2, 2008 and also comments provided to the Board by the Town Planning Board, the Town Planner and also the comments provided at the public hearing. Based upon that review, I move that a negative declaration under SEQRA be issued."
Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli abstained)
Chairman Barber stated that the only issue that was outstanding at the time was the question of traffic impacts. Chairman Barber stated that there had been a massage therapy business granted on Warren Street and there had been no complaints or issues regarding that business. Chairman Barber stated that the Board looked at the NYS Transportation rules in Albany to see what sort of traffic would expect to be generated in a single-family home on average. The average trips in a day were 10. Chairman Barber stated that the file states that the number of trips expected from this massage therapy business is less that that average.
Sharon Cupoli stated that a massage therapist was also granted on the corner of York Road and Western Avenue and there was never a traffic problem there.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4091
Request of Ruth Brown and Debbie Anne Vigneri for a Special Use Permit under the Zoning Law to permit: the use of up to 8% of the floor area of an existing single family home for a therapeutic massage business, a customary home occupation.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Ruth Brown & Debbie Anne Vigneri
Situated as follows: 125 Birchwood Drive Schenectady, NY 12303
Tax Map # 36.06-2-8 Zoned: R20
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and held on July 2, 2008 and again this evening. Mailing of this hearing was made to residents within 750' of this parcel. 14 people spoke at the hearing on July 2nd and most of the neighbors that spoke were opposed to the proposal.
The public hearing was closed on July 2, 2008 and tonight's meeting was for decision only.
The Town Planning Board had no objections to the request.
The Town Planner stated that in her opinion the application met all the requirements for a customary home occupation.
The Town Code allows customary home occupations in residential zones if its definitional requirements are met.
The Town Code's listing of a customary home occupation as a special use is equivalent to a finding that a use will not cause a negative impact upon the character of the neighborhood.
The proposed home occupation, a massage therapist, is a profession. The applicants are professional massage therapists who are health professionals licensed by the NYS Department of Education's Office of Professions and that is only after meeting the educational requirements like other licensed professionals in the State of New York.
The proposed use will be approximately 8% of the floor area of the building, which is far less than 25% maximum allowed.
The use will take place entirely within the dwelling and is secondary to the use of the house for residential purposes.
The occupation will be carried on by the owners of the dwelling unit, will not employ anybody from outside the home and will not create any noise, dust or odors that are detectable outside the dwelling unit.
The main issue that seems to be outstanding is whether the proposed use will generate traffic beyond that normally expected in a residential neighborhood. At the public hearing, this Board asked the Zoning Department to provide information regarding other massage therapy businesses operating as customary home occupations in a residential neighborhood. In a special use permit dated October 15, 1997, this Board allowed a customary home occupation for a massage therapist and other uses for a property located on Warren Street in McKownville. The permitted allowed hours were 8am to 9pm seven days a week. Neither the Zoning Department or the Police Department have received any complaints of any kind regarding the use of this property as a therapeutic massage business for the past decade.
The applicants maximum proposed use as stated in their application would generate between four and eight trips per day. This number is less than the mean average of roughly ten trips a day for a single-family detached house as determined by the NYSDOT. Also note that the Zoning Department has found that there are several businesses currently operating within the Birchwood Drive and Pinewood Drive areas and that there have been no complaints regarding those businesses in terms of traffic in the neighborhood.
The driveway can handle the proposed use and the allowed passenger vehicles without the need for street parking.
Therefore the Board finds that the requirements for a customary home occupation have been met and that a special use permit should be granted.
In granting this request, the Board imposes the following conditions:
Adherence to the applicants representations in their application and at the public hearing regarding the nature and extent of their proposed home occupation.
Continued compliance with the requirements for a customary home occupation.
The days of use shall be as stated in the application including that the use will not be operating on Wednesdays and Sundays.
The professional use will be by appointment only with no walk ins.
There shall be at least one half hour between the end of a scheduled appointment and the next appointment.
There shall be no parking on Birchwood Drive.
The Board reserves the right to impose and further conditions should circumstances warrant.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this 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 Sue Macri. Vote 6 – 0. (Sharon Cupoli abstained)
MATTER OF FERDINAND RILLO – 9001 JENNIFER COURT
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:
Variance Request No. 4097
Request of Ferdinand C. Rillo for a Variance of the regulations under the Zoning Law to permit: the installation of a six-foot high white vinyl fence within a required front yard on a corner lot.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Ferdinand and Edna Rillo
Situated as follows: 9001 Jennifer Court Schenectady, NY 12303
Tax Map # 27.06-3-5 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of August, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 28, 2008"
The file consists of the mailing list to 29 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments and a plot plan.
The Town Planner had the following comments: "The applicant is seeking an area variance to install a privacy fence within the front yard of this corner lot. No planning objections."
Ferdinand Rillo, applicant, presented the case.
Chairman Barber stated that this is a corner lot, so there are two front yards with two front yard setbacks. Chairman Barber stated that typically the Board allows the applicant of a corner lot to treat one of the front yards as a side yard so the placement of this fence would allow them privacy like other property owners.
Chairman Barber stated that the fence is further back from the road.
Chairman Barber asked Mr. Rillo if he had talked to any of his neighbors regarding the proposal.
Mr. Rillo replied he had talked to a few of them and they did not have any objection to the fence.
Chairman Barber asked how far the fence was from the road.
Mr. Rillo stated that it is approximately 45' from the road.
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. 4097
Request of Ferdinand C. Rillo for a Variance of the regulations under the Zoning Law to permit: the installation of a six-foot high white vinyl fence within a required front yard on a corner lot.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Ferdinand and Edna Rillo
Situated as follows: 9001 Jennifer Court Schenectady, NY 12303
Tax Map # 27.06-3-5 Zoned: R15
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and 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 planning objections.
The Board further finds that the property is a corner lot at the intersection of Jennifer Court and Patrick Road. Under the Zoning Code, a corner lot has two front yards with two front yard setbacks and places a heavy restriction on how fences can be placed on the property. As a result, the Board has provided relief for corner lots by treating one of the front yards more as a side yard.
The fence will be located over 40' from Patrick Road so therefore there will be not any sight line problems at the intersection of Jennifer Court and Patrick Road.
A number of corner lots in the neighborhood have been granted similar variances.
The proposed fence is attractive in design and will not cause a negative impact upon the neighborhood.
In granting this variance, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
The site shall be reviewed by the Zoning Administrator to determine whether or not any landscaping will be needed to address any concerns regarding the appearance of the fence.
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 LINCOLN GRIMM – 7281 RT. 158
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, IV & V of the Zoning Law on the following proposition:
Variance Request No. 4096
Request of Lincoln C. Grimm for a Variance of the regulations under the Zoning Law to permit: the placement of a 30' x 40' detached garage structure in a front yard.
Per Articles III, IV & V Sections 280-24.1, 280-34 & 280-51 respectively
For property owned by Lincoln Grimm
Situated as follows: 7281 Rt. 158 Schenectady, NY 12306
Tax Map # 14.00-1-17 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of August, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 28, 2008"
The file consists of the mailing list to 16 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, Albany County Planning Board's notification of 7-17-08 and details regarding the garage.
Albany County Planning Board's notification of 7-17-08 was "Modify local approval to include: 1) if access to Rt. 158 is changed, then a review by the NYSDOT for design of highway access, drainage and assessment of road capacity."
The Town Planner had the following comments: "The applicant is seeking an area variance for a detached garage to be placed in a front yard setback. This is a large rural parcel and a garage will be a substantial distance from the road. No planning objections."
Lincoln Grimm, applicant, presented the case.
Chairman Barber stated that the parcel is over 10 acres and the garage would be more than 200' off the road.
Mr. Grimm stated that the house and proposed garage are almost invisible from the road. Mr. Grimm stated that the house is 300' from the road and the garage would be approximately 200' from the road. Mr. Grimm stated that the garage is about a 45 degree angle off to the right of the house approximately 75' from the house.
Chairman Barber discussed the Albany County Planning Board's comments.
Mr. Grimm stated that there would be no access changes, the driveway would remain the same.
Chairman Barber asked if there were any 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. 4096
Request of Lincoln C. Grimm for a Variance of the regulations under the Zoning Law to permit: the placement of a 30' x 40' detached garage structure in a front yard.
Per Articles III, IV & V Sections 280-24.1, 280-34 & 280-51 respectively
For property owned by Lincoln Grimm
Situated as follows: 7281 Rt. 158 Schenectady, NY 12306
Tax Map # 14.00-1-17 Zoned: RA3
The decision is based on the following findings of fact:
A public hearing was duly noticed and supplemented by mailing to property owners within 500' of said parcel. 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 to the granting of the request.
The Board further finds that the proposed garage will be located more than 200' off of Rt. 158 and is virtually invisible from Rt. 158.
The parcel is over 10 acres in size and is located in a rural setting; therefore the Board finds that the placement of the garage in the front yard will not cause a negative impact on the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
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 ANDY HOELZLI – 733 COUNTY LINE ROAD
Chairman Barber recused himself from the application as he represented the applicant in the past.
Tom Remmert was the Acting Chairman for this application.
Acting Chairman 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. 4100
Request of Andy Hoelzli for a Variance of the regulations under the Zoning Law to permit: the installation of a six-foot high stockade fence in a required front yard on an irregular shaped 16-acre parcel of land.
Per Articles IV & V Sections 280-27B & 280-51 respectively
For property owned by Andy Hoelzli
Situated as follows: 733 County Line Road Schenectady, NY 12306
Tax Map # 14.00-3-24.1 Zoned: R40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of August, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 28, 2008"
The file consists of the mailing list to 11 nearby property owners, the Town's required forms for an area variance, the Town Planners comments, a brief narrative and a sketch of the fence on the property.
The Town Planner had the following comments: "The applicant has requested an area variance to install a fence in a required front yard. No planning objections."
Andy Hoelzli, applicant, presented the case. Mr. Hoelzli stated that he wanted to install this stockade fence to stop the snow from blowing into the driveway during the wintertime.
Acting Chairman Remmert stated that the length of the fence is rather short compared to the total size of the property.
Mr. Hoelzli stated that the other areas of the property are not close to his driveway which he is trying to protect. Mr. Hoelzli stated that he would be installing roughly 14 panels.
Acting Chairman Remmert asked if there were any questions or comments from the residents.
Vince Dagostino of 725 County Line Road stated that Mr. Hoelzli has been using his driveway for years instead of using the right-of-way to the property and has also been dumping waste into the wetlands. Mr. Dagostino stated that he believed that Mr. Hoelzli was putting up this fence for spite.
Acting Chairman Remmert asked Mr. Dagostino if he had any objection to the location or the appearance of the fence.
Mr. Dagostino stated that he would like a white plastic fence and stated that the fence would block his view. Mr. Dagostino stated that he would block off the road that Mr. Hoelzli uses to get to his property.
Acting Chairman Remmert stated that the Zoning Board is there to address the application to erect a fence; they are not a civil court that gets involved in neighborhood disputes.
Acting Chairman Remmert made a motion to close the public hearing. Motion seconded by Al Maikels. Vote 7 – 0. (Barber recused, Cahill alternate)
Acting Chairman Remmert made a motion to approve
Variance Request No. 4100
Request of Andy Hoelzli for a Variance of the regulations under the Zoning Law to permit: the installation of a six-foot high stockade fence in a required front yard on an irregular shaped 16-acre parcel of land.
Per Articles IV & V Sections 280-27B & 280-51 respectively
For property owned by Andy Hoelzli
Situated as follows: 733 County Line Road Schenectady, NY 12306
Tax Map # 14.00-3-24.1 Zoned: R40
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailing legal notice to nearby property owners. One resident spoke at the public hearing, no residents submitted written comments.
This is a Type II Action under SEQRA, not requiring SEQRA review.
In a memorandum dated July 31, 2008, the Town Planner stated that she had no planning objections.
The Board further finds that the parcel is roughly 16 acres and irregular in shape. The fence is intended as a snow fence to allow access to the property.
The fence is only 90 linear feet while the lot width exceeds 400'. The lot's irregular shape is similar to a keyhole lot which measures the front yard setback from the rear lot line of the front lot.
Given the unique characteristics of this rural lot, the granting of this variance will not cause an undesirable impact upon the character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Compliance with the Zoning Code for the requirements regarding fencing.
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. (Barber recused, Cahill alternate)
MATTER OF DAN SANTABARBARA – 100 PROUT LANE
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. 4099
Request of Dan SantaBarbara for a Variance of the regulations under the Zoning Law to permit: the reduction of the width at the building line from 200' to 140' on two proposed building lots on a pending three lot subdivision.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Dan SantaBarbara
Situated as follows: 100 Prout Lane Schenectady, NY 12303
Tax Map # 15.00-2-24 Zoned: R40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of August, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 28, 2008"
The file consists of the mailing list to 10 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a plot plan and Albany County Planning Board's recommendation of 7-17-08.
The Town Planner had the following comments: "The applicant is requesting an area variance from the width at the building line for two lots that are part of a proposed subdivision which has received concept approval. The two proposed lots meet all other minimum zoning requirements and could be redrawn in odd configurations to meet the width requirement. However, the proposed layout allows for the new houses to have some backyard privacy from Curry Road, and are in character with other lots in the surrounding area. No planning objections."
Albany County Planning Board's recommendation of 7-17-08 was: "Modify local approval to include 1) Notification of this application should be given to the Town of Colonie."
Wayne Walter, purchaser of the property, presented the case. Mr. Walter stated that their request is to stay uniform with the street and to provide them with a normal back yard.
Chairman Barber stated that they already have concept approval from the Town Planning Board.
Chairman Barber stated that there are many other lots that are very similar to this one in the neighborhood.
Chairman Barber asked if there were any questions or comments from the residents.
Joe Battisti of 300 Prout Lane stated that they had no objection to the proposal but had concerns regarding the private lane.
Chairman Barber stated that the Planning Board would look into that during their final subdivision approval, the Zoning Board is only dealing with the building width at this time.
Mr. Walter replied that their curbcut is on Curry Road, not on Prout Lane.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion to approve
Variance Request No. 4099
Request of Dan SantaBarbara for a Variance of the regulations under the Zoning Law to permit: the reduction of the width at the building line from 200' to 140' on two proposed building lots on a pending three lot subdivision.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Dan SantaBarbara
Situated as follows: 100 Prout Lane Schenectady, NY 12303
Tax Map # 15.00-2-24 Zoned: R40
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailing to neighboring property owners. One resident spoke at the public hearing regarding Prout Lane.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Albany County Planning Board's recommendation of 7-17-08 was to defer to local approval with notification to the Town of Colonie which was undertaken without any comments from the Town of Colonie.
The Town Planner had no planning objections.
The Board further finds that this three-lot subdivision has received concept approval from the Town Planning Board.
The two lots meet all other zoning requirements.
The requested variances will eliminate the need to have the lots redrawn into irregular or odd configurations.
The proposed layout permits the placement of the houses in such a way to provide back yard privacy from Curry Road.
Other lots in the neighborhood have similar characteristics in terms of their building line.
Therefore, the Zoning Board finds that there will be no undesirable impact from the granting of this variance.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The Board's approval of the variance request for the building line shall not be construed to interfere with the Planning Board's exclusive jurisdiction over subdivisions.
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. Vote 7 – 0.
MATTER OF WILDREDO CANO – 22 PARK 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. 4101
Request of Elsa and Wilfredo Cano for a Variance of the regulations under the Zoning Law to permit: the construction of a 24' x 37' two-story addition to an existing single-story home located on an undersized lot. Variances are requested for the following: 1) lot size – 5000sf minimum required; 3000sf provided, 2000sf variance requested, 2) lot coverage – 30% coverage allowed, 51% coverage proposed, 21% variance requested, 3) front yard setback – 25' is required, 20.75' is proposed, a 3.25' variance is requested and 4) side yard setback – 8' required each side, 3' proposed each side, 5' variance requested for each side.
Per Articles IV & V Sections 280-31 & 280-51 respectively
For property owned by Wilfredo B. Cano
Situated as follows: 33 Park Avenue Albany, NY 12203
Tax Map # 63.12-2-29 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of August, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 28, 2008"
The file consists of the mailing list to 58 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a survey and plot plan of the proposed construction and a letter from Elsa Cano explaining the need for the variances.
The Town Planner had the following comments: "The applicant is seeking numerous variances in order to construct an addition to the existing house. The number and degree of the variances are necessitated because the building lot is only 30' wide and 3000sf. The existing house is situated in the rear of the lot and the proposed addition would be built forward of, and extending outward from the original structure.
I have the following comments: The resulting structure will dominate the lot both in terms of lot coverage and the fact that almost the entire front yard will be pavement.
The adjacent houses are only 4+ feet from their property lines. This construction would create only 7' of spacing between the houses. The Fire Department should review this proposal to insure that they could provide adequate fire protection."
Elsa Cano, applicant, presented the case.
Chairman Barber stated that the houses are close in that neighborhood. Chairman Barber asked Ms. Cano if she had talked to any of her neighbors regarding the application.
Ms. Cano stated that one of her neighbors did not have a problem with it, one of the other neighbors was present at the meeting.
Chairman Barber stated that the Board would need to make certain that the addition would not negatively impact the neighbors in any way, such as fire protection, aesthetics, etc. Chairman Barber stated that it is very unusual to have a request for four variances on one property.
Chairman Barber stated that he understood the need for the variances but would like to discuss the application with Don Cropsey.
Chairman Barber asked if there were any questions or comments from the residents.
Theodore Blanchet, next-door neighbor of the applicant, spoke in strong opposition of the variances. Mr. Blanchet stated that he had lived there for 55 years and his house was an L-shaped ranch. Mr. Blanchet stated that if the variance was granted, there would be about 7.5' from house to house and he would lose his privacy.
Rafael Martinez, friend of the family, stated that the applicants deserved serious consideration from the Board for this addition for their growing family.
Chairman Barber stated that he understood the need for the variance. The Board is restricted by what NYS Town Law says and they have to consider five criteria. Among the criteria is whether the variances are substantial and whether they cause an undesirable impact upon neighboring properties.
Chairman Barber stated that he would like to get Don Cropsey's input regarding the variances on the public record and he would like to continue the case for two weeks.
Chairman Barber made a motion to continue the case for two weeks. Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF JEFF GORDON – 108 WAGNER ROAD
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 Article V of the Zoning Law and Part II Chapter 239 of the Code of the Town of Guilderland on the following proposition:
Variance Request No. 4098
Request of Jeffrey Gordon of Store Away @ Guilderland, LLC for a Variance of the regulations under the Zoning Law to permit: the construction of self-storage buildings without a required fire sprinkler system.
Per Article V Section 280-51 and Part II Chapter 239-9 of the Code of the Town of Guilderland
For property owned by Store Away at Guilderland, LLC
Situated as follows: 108 Wagner Road Guilderland Center, NY 12085
Tax Map # 39.00-2-47.4 Zoned: IND
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 6th of August, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 28, 2008"
The file consists of the mailing list to 29 neighboring property owners, the Town's required forms for a variance, a narrative, the Albany County Planning Board's notification, the Town Planners comments, a site plan, a letter from the GCFD signed by Chief David Dodge, and information regarding various code requirements regarding sprinkler systems in storage facilities.
Albany County Planning Board's notification of 7/17/08 was to defer to local consideration.
Patrick Gibbie of Bette and Cring presented the case.
Chairman Barber stated that this was not a usual request. The Board usually deals with area and use variances, this is a variance from the sprinkler system regulations. The regulations state that the Zoning Board can grant a variance if there is an unusual hardship if the Board finds that there are practical difficulties causing an unnecessary hardship and also that the omission of the approved sprinkler system from all or part of the building will not significantly jeopardize human life. In granting the variance, the Zoning Board can impose additional conditions including alternative forms of fire extinguishing equipment or additional alarms or devices.
Chairman Barber stated that it was his understanding that the applicant was going for the additional alarms or devices.
Mr. Gibbie stated that the hardship was the significant cost of installing a fire system, between tapping the water line, underground plumbing, a head in each unit and a compressor system. Mr. Gibbie also stated that a sprinkler system could damage other storage compartments. The storage buildings are made of sheet metal, steel studs – 99% steel construction on a concrete slab. Mr. Gibbie stated that they intend to install an alarm system in lieu of the sprinkler system. Mr. Gibbie gave an overview of the alarm system (as outlined in Chief David Dodge's letter).
Chairman Barber stated that if the applicant can satisfy the fire department, then the Zoning Board is satisfied.
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. 4098
Request of Jeffrey Gordon of Store Away @ Guilderland, LLC for a Variance of the regulations under the Zoning Law to permit: the construction of self-storage buildings without a required fire sprinkler system.
Per Article V Section 280-51 and Part II Chapter 239-9 of the Code of the Town of Guilderland
For property owned by Store Away at Guilderland, LLC
Situated as follows: 108 Wagner Road Guilderland Center, NY 12085
Tax Map # 39.00-2-47.4 Zoned: IND
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailing to nearby properties. No residents provided either written or oral comments.
This is a Type II Action under SEQRA, not requiring SEQRA review.
In a letter from the Guilderland Center Fire Department, Chief David Dodge indicated that the sprinkler system was not required but stated that an enhanced fire alarm system would be required, which the applicant has agreed to.
Chapter 239-9 of the Town Code enables the Zoning Board to grant variances from the sprinkler requirement under the circumstances where the fire department has determined that an alternative use of providing an additional alarm system in lieu of the sprinkler system will meet their needs.
As indicated by the applicant, installation of the sprinkler system is cost prohibitive, estimating that the cost will be about $120,000 and that a sprinkler system could cause damage to other storage properties.
Therefore the Board finds that the proposed enhanced alarm system as conditioned by the Fire Department is appropriate and meets the requirements of Chapter 239-9 of the Town Code.
In granting this decision, the Board imposes the following conditions:
Adherence to the conditions set forth in the Guilderland Center Fire Department's letter.
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.
OTHER:
The minutes of 6-4-08 were approved. Vote 6 – 0.
SIGNS:
The Board approved two signs for a total of 43.3 sf for UPS at 11 Apollo Drive. Vote 7 – 0.
The Board approved a 20sf building mounted sign for Rockyos Pizzeria at 2568 Western Avenue. Vote 7 – 0.
The Board approved a 20.88sf building mounted sign for Justice at Stuyvesant Plaza. Vote 7 – 0.
The Board approved a 26sf building mounted sign for Verizon Wireless at Stuyvesant Plaza.
The Board approved a 49.65sf building mounted sign for Beach Body Tanning at Stuyvesant Plaza. Vote 7 – 0.
The meeting adjourned at 9:00pm.
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