TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
OCTOBER 1, 2008
Members Present:
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Peter Barber, Chairman Charles Cahill, Alternate Susan Macri Allen Maikels Mike Marcantonio Tom Remmert James Sumner Robert Feller, Counsel
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Members Absent: Sharon Cupoli
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Chairman Barber opened the meeting and pointed out the emergency exits in the event they were needed.
NEW CASES:
MATTER OF AYMAN MORGAN – 2 AVALLON WAY
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. 4114
Request of Ayman Morgan for a Variance of the regulations under the Zoning Law to permit: the placement of a six-foot high stockade fence in a required front yard on a corner lot.
Per Articles IV & V Sections 280-27 & 280-51 respectively
For property owned by Ayman Morgan
Situated as follows: 2 Avallon Way Altamont, NY 12009
Tax Map # 39.00-1-18 Zoned: RO40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 1st of October, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: September 23, 2008"
The file consists of the mailing list to 18 neighboring property owners, the Town's required forms for an area variance, Albany County Planning Board's recommendation of September 18, 2008, the Town Planners comments, a narrative and a plot plan showing the proposed fence.
Albany County Planning Board's recommendation of September 18th was to modify local approval to include review by the NYSDOT for approval of the exact location of the fence along Route 20.
The Town Planner had the following comments: "The application is for an area variance to construct a fence in the front yard of a corner lot. The fence will buffer the yard from the Rt. 20 traffic and will be screened by an existing berm and landscaping. No planning objections."
Ayman Morgan, applicant, presented the case. Mr. Morgan stated that the purpose of the fence is to keep their kids within their back yard since they are adjacent to a high-speed highway; it is a matter of safety.
Chairman Barber stated that the application seemed very straightforward. 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. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4114
Request of Ayman Morgan for a Variance of the regulations under the Zoning Law to permit: the placement of a six-foot high stockade fence in a required front yard on a corner lot.
Per Articles IV & V Sections 280-27 & 280-51 respectively
For property owned by Ayman Morgan
Situated as follows: 2 Avallon Way Altamont, NY 12009
Tax Map # 39.00-1-18 Zoned: RO40
In rendering this decision, the Board makes the following findings of fact:
A public notice was published and supplemented by mailing to nearby properties. No residents spoke at the public hearing and no residents submitted written comments.
This is a Type II Action under SEQRA, not requiring SEQRA review.
In a notification dated 9/18/08, the Albany County Planning Board recommended modifying local approval to include review by the NYSDOT for approval of the exact location of the fence along Rt. 20.
In a memorandum dated 9/24/08, the Town Planner had no planning objections.
The applicant has received a permit from the Army Corps of Engineers to fill in an area of the federal wetlands.
The applicant has received a permit from DEC dated 8/5/08 authorizing the work.
The Board further finds that this is a corner lot at Avallon Way and Route 20, which results in two front yards and restrictive setbacks.
The fence will provide a buffer from the traffic and noise emanating from Route 20.
The fence will provide an enclosure for their children and thereby promotes safety.
The fence is located behind a berm and landscaping and will be largely screened from view.
There will be no negative impact upon the character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Compliance with the Army Corps of Engineers and DEC permits and conditions.
DOT approval of exact location of fence along Rt. 20.
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. (Cupoli absent, Cahill alternate)
MATTER OF LILY JI – 6185 JOHNSTON ROAD
Tom Remmert read the legal notice:
"Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles III & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4109
Request of Lily Ji for a Special Use Permit under the Zoning Law to permit: the use of 363+/-sf of space in an existing single-family home for the purpose of conducting a customary home occupation. Said business will entail online sales and marketing of jewelry and hand blown art glass.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Lily Ji
Situated as follows: 6185 Johnston Road Albany, NY 12203
Tax Map # 51.04-1-20.2 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of September, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: September 8, 2008"
The file consists of the mailing list to 51 neighboring property owners, the Town's required forms for a Special Use Permit for this customary home occupation along with a Short Environmental Assessment Form, Albany County Planning Board's recommendation of 8/21/08, the Town Planners comments, the Town Planning Board's site plan review, a narrative and a site plan.
Albany County Planning Board's recommendation of 8/21/08 was to defer to local consideration.
The Town Planning Board recommended approval without any conditions or suggestions.
The Town Planner's comments are as follows: "The applicant has requested a special use permit for a phone and internet based home occupation that deals with the sale of jewelry and hand blown glass works. I am assuming no inventory is kept at or shipped from the residence. No customers come to the site. No planning objections."
Lily Ji, applicant, presented the case.
Chairman Barber asked if there would be any inventory on site.
Ms. Ji replied that no product is kept at the residence; this is strictly a phone and internet based business and that all inventory is maintained off-site in Oneonta.
Chairman Barber asked about employees.
Ms. Ji stated that the business employs one full time employee and one part time secretary.
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. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application for a customary home occupation at 6185 Johnston Road to determine whether the granting of this permit will cause a significant negative impact upon the environment. This review consisted of the comments provided to the Board by the Town Planner, the Town Planning Board, the Albany County Planning Board, a review of the application and the conducting of the public hearing this evening. Based upon that record, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4109
Request of Lily Ji for a Special Use Permit under the Zoning Law to permit: the use of 363+/-sf of space in an existing single-family home for the purpose of conducting a customary home occupation. Said business will entail online sales and marketing of jewelry and hand blown art glass.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Lily Ji
Situated as follows: 6185 Johnston Road Albany, NY 12203
Tax Map # 51.04-1-20.2 Zoned: R15
In rendering this decision, the Board makes the following findings of fact:
Public notice of this hearing was duly noticed and supplemented by a mailing to 51 neighboring property owners. No residents provided either written or oral comments.
This is an Unlisted Action under SEQRA. The Board adopted a negative declaration by a unanimous vote.
In a determination dated 8/21/08, the Albany County Planning Board deferred to local consideration.
In a site plan review dated 9/11/08, the Town Planning Board recommended with no suggestions or conditions.
In a memorandum dated 9/9/08, the Town Planner stated she had no planning objections.
The Board further finds that this proposal meets the requirements of a customary home occupation; it is conducted within the dwelling unit and well below the 25% maximum space allowed.
There will be two employees and will not generate traffic beyond that normally expected in a residential zone.
This will be a phone and internet business with no walk in clients.
There is adequate parking on site.
The warehouse/retail is offsite in Oneonta.
No inventory is kept or shipped from residence.
There will be no retail or customers on site.
All activity at this location is either by phone or internet.
In granting this decision, the Board imposes the following conditions.
There shall be no inventory or shipping from the residence.
There shall be no retail sales or walk ins.
Continued compliance with the requirements for a customary home occupation.
There shall be no parking on Johnston Road.
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 Jim Sumner. Vote 7 – 0. (Cupoli absent, Cahill alternate)
MATTER OF MARK GRIMM – 7 REMMINGTON 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 Articles III & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4110
Request of Mark Grimm for a Special Use Permit under the Zoning Law to permit: the use of a portion of a single-family home as a home-based consulting business.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Mark Grimm
Situated as follows: 7 Remmington Road Schenectady, NY 12303
Tax Map # 15.10-5-19 Zoned: R40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 17th of September, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: September 8, 2008"
The file consists of the mailing list to 54 neighboring property owners, the Town's required forms for a special use permit for this customary home occupation, a Short Environmental Assessment Form for this Unlisted Action, the Town Planning Board's site plan review of 9-10-08, the Town Planners comments, a narrative, floor plan, building plans and a site plan.
The Town Planning Board's site plan review of 9-10-08 was to recommend without any conditions or suggestions.
The Town Planner had the following comments: "The applicant has requested a special use permit to allow a customary home occupation. The business is a consulting firm and the applicant is the sole employee. Business is conducted off-site or via computer and phone. No planning objections."
Mark Grimm, applicant, presented the case. Mr. Grimm stated that meetings with his clients happen off site but on rare occasions people will go to the residence for consultations. There will be no traffic generated by this customary home occupation.
Mr. Grimm also stated at the homeowners' association's rules did not ban this proposed use. Mr. Grimm is the president of the association.
Chairman Barber stated that the application seemed straightforward and 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.
(Cupoli absent, Cahill alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application for a customary home occupation at 7 Remmington Road to determine whether the granting of this permit will cause a significant negative impact upon the environment. This review consisted of the comments provided to the Board by the Town Planner, the Town Planning Board, a review of the application and the conducting of the public hearing this evening. Based upon that record, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4110
Request of Mark Grimm for a Special Use Permit under the Zoning Law to permit: the use of a portion of a single-family home as a home-based consulting business.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Mark Grimm
Situated as follows: 7 Remmington Road Schenectady, NY 12303
Tax Map # 15.10-5-19 Zoned: R40
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by a mailing to nearby property owners. No residents spoke at the public hearing and no residents submitted written comments.
This is an Unlisted Action under SEQRA. The Board adopted a negative declaration by a unanimous vote.
In a site plan review dated 9/10/08 the Town Planning Board recommended without any suggestions or conditions.
In a memorandum dated 9/9/08 the Town Planner stated that she had no planning objections.
The Board further finds that this meets all of the code requirements for a customary home occupation under Section 280-5 of the Zoning Code.
The customary home occupation is conducted within the dwelling unit and is well below the maximum amount of space allowed.
There will be no employees other than the applicant.
The use is clearly incidental and secondary to the use of the dwelling unit as a residential use.
There will be no traffic generated beyond that normally expected in a residential neighborhood.
Client meetings at the residence will be less than 10 per year.
This is a preexisting use which has yielded no complaints of record.
The applicant advises that the home occupation does not preclude the residential use.
In granting this decision, the Board imposes the following conditions:
Continued adherence with the requirements for a customary home occupation including any amendments.
The Board relies upon the applicant's representation in the application and the public hearing this evening, in particular, that the proposed use is not banned by the homeowners association's rules and covenants.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
Motion seconded by Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
OTHER:
The Board approved the minutes of 8/6/08 and 9/3/08.
SIGNS:
The Board approved a temporary banner for ten days for Angelas Bridals at 1811 Western Avenue. Vote 7 – 0.
The Board approved temporary signs for Ft. Hunter Fire Company.
The meeting adjourned at 8:15pm.
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