TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
MARCH 19, 2008
Members Present
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Peter Barber, Chairman Charles Cahill, Alternate Susan Macri Allen Maikels Tom Remmert James Sumner Robert Feller, Counsel
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Members Absent: Sharon Cupoli
Mike Marcantonio
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Chairman Barber opened the meeting and pointed out the emergency exits to the left and rear of the room in the event they were needed.
CONTINUED CASES:
MATTER OF SCOTT ARMSTRONG – 3417 GARI LANE
Chairman Barber stated that this was a continued case for decision only. Mr. Armstrong is seeking a customary home occupation on a house that is under construction and there was some opposition to that. Chairman Barber stated that the public hearing had been closed and asked the applicant if he had any closing comments before the Board made their final decision.
Scott Armstrong, applicant, stated that he had addressed everything at the last meeting.
Chairman Barber asked Mr. Armstrong how much of his business takes place within the home and how much occurs outside the home. Chairman Barber stated that typically a customary home occupation takes place all within the home. Chairman Barber stated that Mr. Armstrong's business seems to have very little occurring within the house and most of the business is off site.
Mr. Armstrong stated that most of his business is not within his home, the locations make the money for the vending machines and if there are vending machines at his home, he is not making money with them. Mr. Armstrong stated that a vending business is typically an outside business away from the home. Mr. Armstrong stated that he does not have any commercial vehicles and there would be no commercial deliveries in the development.
Chairman Barber made a motion regarding:
Request of Scott Armstrong for a Special Use Permit under the Zoning Law to permit: the use of a portion of a single-family home as an office and storage for a vending sales business.
Per Articles III and V Sections 280-14 & 280-52 respectively
For property owned by: Scott Armstrong
Situated as follows: 3417 Gari Lane Schenectady, NY 12303
Tax Map #15.14-1-13 Zoned: R15
A public notice of this application was published and supplemented by mailings to property owners within 750' of said parcel.
The Board received both oral and written comments at the February 20, 2008 public hearing and closed the public hearing for decision only.
A customary home occupation is one of only a handful of commercial uses allowed as a special use in a single-family residential zone. The Town Code's definition of a customary home occupation sets forth six separate criteria that must be met. The first criteria is that the occupation or profession is "carried on wholly within the closed walls of the dwelling unit exclusive of accessory structures." In other words, the occupation must take place only within the dwelling unit.
At the previous public hearing, the applicant described his business as storage of foodstuffs for delivery to off-site vending machines and on occasion repairing vending machines. It appears, therefore, that the majority of the applicant's business in terms of both time and effort occur off-site through deliveries to more than 20 vending machine sites along with off-site servicing of vending machines.
As a result, it would appear that the proposed customary home occupation is not conducted as required by the Town Code wholly within the enclosed walls of the home. It also appears that part of the proposed use consists of repairing vending machines in the garage. The testimony at the last hearing was that the proposed garage is detached from the dwelling unit and by definition means that is an accessory structure and the definition of a customary home occupation specifically excludes the use of an accessory structure.
For these reasons, I believe that the proposed use as currently presented does not qualify for the customary home occupation and that the application should be denied.
Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
Chairman Barber explained to Mr. Armstrong that it does not mean that he could not modify this some way and deal with the restrictions and reapply.
MATTER OF SAYDRA DOYLE – 2563 WESTERN 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:
Special Use Permit Request No. 4064
Request of Saydra Doyle for a Special Use Permit under the Zoning Law to permit: the use of 950sf of space within an existing shopping plaza as a consignment shop. All site characteristics have been previously reviewed and approved by the Board.
Per Articles III and V Sections 280-20 & 280-52 respectively
For property owned by: Frank and Jane Sgambellone
Situated as follows: 2563 Western Ave. Altamont, NY 12009
Tax Map #39.11-2-21 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 19th of March, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 3, 2008"
The file consists of the mailing list to 43 neighboring property owners, the Town's required forms for a special use permit, a Short Environmental Assessment Form for this Unlisted Action, the Albany County Planning Board's notification of 2-21-08, the Town Planner's comments, the Town Planning Board's site plan review, a narrative and some schematic drawings of the proposed use.
The Albany County Planning Board's notification of 2-21-08 was "defer to local consideration."
The Town Planner had the following comments: "The applicant is requesting a special use permit to operate a consignment shop in a vacant space at the Park Place Plaza. There are no parking or other site plan issues with this existing shopping plaza. No planning objections."
The Town Planning Board's site plan review of March 12, 2008 was to recommend without any suggestions or conditions.
Saydra Doyle, applicant, presented the case. Ms. Doyle stated that this would be an adjacent business to her existing business, Cottage Chic Boutique.
Chairman Barber asked if there would be any problems with parking.
Ms. Doyle replied that there would be no problem with the parking.
Chairman Barber stated that this seemed very straightforward.
Jim Sumner asked if there would be any outside storage of furniture.
Ms. Doyle replied that it would be all inside.
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 6 – 0. (Cupoli, Marcantonio 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 including the conducting of a public hearing to determine whether the granting of a special use permit for a consignment shop at 2563 Western Avenue would have a significant impact upon the environment. This Board finds that upon this review and the comments provided to us by the Albany County Planning Board, the Town Planning Board and the Town Planner that there will be no significant impacts and that a negative declaration should be issued." Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4064
Request of Saydra Doyle for a Special Use Permit under the Zoning Law to permit: the use of 950sf of space within an existing shopping plaza as a consignment shop. All site characteristics have been previously reviewed and approved by the Board.
Per Articles III and V Sections 280-20 & 280-52 respectively
For property owned by: Frank and Jane Sgambellone
Situated as follows: 2563 Western Ave. Altamont, NY 12009
Tax Map #39.11-2-21 Zoned: LB
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held this evening and no residents provided either written or oral comments regarding this application.
This is an Unlisted Action under SEQRA, and this Board adopted a negative declaration under SEQRA by a unanimous vote.
Albany County Planning Board's decision of 2-21-08 was to defer to local consideration.
The Town Planner had no planning objections.
The Town Planning Board's site plan review of 3-12-08 was to recommend without any suggestions or conditions.
The Board further finds that this is a preexisting shopping plaza with previously imposed conditions.
There does not appear to be any parking concerns on site; no parking variance is required.
The proposed use is an allowed use within a Local Business zone and is consistent with other uses at the plaza.
In granting this decision, the Board imposes the following conditions:
The hours of operation shall be as set forth in the application, which are Monday – Saturday from 9am to 6pm except on Wednesday when they will be from 12noon to 7pm.
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 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
MATTER OF LIBERTY LIVECCHI – 1800 WESTERN AVENUE
Chuck Cahill 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. 4067
Request of Liberty LiVecchi for a Special Use Permit under the Zoning Law to permit: the use of 1422sf of space, formerly occupied by a computer store, as a hair salon. 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: Guilderland Associates, LLC
Situated as follows: 1800 Western Avenue Albany, NY 12203
Tax Map #52.09-5-10 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 19th of March, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 11, 2008"
The file consists of the mailing list to 55 neighboring property owners, the Town's required forms for this Special Use Permit, the Short Environmental Assessment Form for this Unlisted Action, Albany County Planning Board's notification of 2-21-08, the Town Planning Board's site plan review of 3-12-08, the Town Planners comments, depiction of the proposed business within the plaza, a narrative, a lease agreement and a site plan of the property.
Albany County Planning Board's notification of 2-21-08 was "defer to local consideration."
The Town Planning Board's site plan review of 3-12-08 was to recommend without any conditions or suggestions.
The Town Planner had the following comments: "The applicant has requested a Special Use Permit to install a 1400sf salon in vacant space at Cosimos Plaza. No planning objections."
Liberty LiVecchi and Maureen Munoz, co-owners of the business presented the case.
Chairman Barber asked if their profession was regulated in any way.
Ms. LiVecchi replied that it is licensed by New York State.
Chairman Barber asked if NYS cared where they did their business or just that they have a license.
Ms. LiVecchi stated that you need a license to be a stylist but you also have to have a license to operate a business.
Chairman Barber asked if NYS had to approve the location of the business.
Ms. LiVecchi replied that they do not.
Chairman Barber asked what the hours of operation would be.
Ms. LiVecchi replied that they would be from 9am to 9pm Monday – Friday and 9am to 5pm on Saturday.
Chairman Barber asked if they thought there would be any parking problems at all.
Ms. LiVecchi stated that they have been watching and that their busy times are the slower times for the other businesses; their business would be open later and they stay later. Ms. LiVecchi stated that she does not see a problem with the parking. Ms. LiVecchi stated that there is also a large lot in the back and if need be, they would utilize that parking.
Jim Sumner had concerns regarding the number of parking spaces.
Ms. LiVecchi replied that they did not see that there would be an issue with the parking.
Chairman Barber replied that Don Cropsey makes the determination as the Zoning Administrator if the parking is sufficient and he felt that it was.
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 6 – 0. (Cupoli, Marcantonio 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 under SEQRA to determine whether the granting of a special use permit for a hair salon at 1800 Western Avenue would have a significant impact upon the environment. This review consisted of the review of the application, the comments during the public hearing, the review by the Albany County Planning Board, the Town Planning Board and the Town Planner. Based upon the collective evidence from this public hearing, the Board concluded that there will be no significant impacts and that a negative declaration should be issued." Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4067
Request of Liberty LiVecchi for a Special Use Permit under the Zoning Law to permit: the use of 1422sf of space, formerly occupied by a computer store, as a hair salon. 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: Guilderland Associates, LLC
Situated as follows: 1800 Western Avenue Albany, NY 12203
Tax Map #52.09-5-10 Zoned: LB
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held here this evening. No residents provided either written or oral comments regarding this application.
This Board adopted a negative declaration under SEQRA for an Unlisted Action by a unanimous vote.
In a decision dated 2-21-08 the Albany County Planning Board deferred to local consideration.
The Town Planning Board's site plan review of 3-12-08 was to recommend without any conditions or suggestions.
The Town Planner's had no objections to the application.
The Board further finds that all site characteristics were previously reviewed and approved at the time that the plaza was approved.
No parking variance is required by this application.
The proposed use is consistent with all other uses in the plaza and is an allowed use in a local business zone.
In granting this application, the Board imposes the following conditions:
Adherence to the plans and drawings as submitted.
The hours of operation shall be as set forth in the application: Monday – Friday from 9am to 9pm, Saturday from 9am to 5pm with no hours on Sunday.
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. (Cupoli, Marcantonio absent, Cahill alternate)
MATTER OF MANGIA – 1475 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, IV & V of the Zoning Law on the following proposition:
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
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 19th of March, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 11, 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, a Short Environmental Assessment Form, a narrative description for the proposed restaurant reconstruction, the Albany County Planning Board's recommendation of 2-21-08, the Town Planning Board's site plan review of 3-12-08, the Town Planners comments of 3-12-08, depictions of the existing structures, prior structures and the proposed structure and a site plan.
Albany County Planning Board's recommendation of 2-21-08 reads as follows: "Modify local approval to include 1) review by ACDOH for food service and other required permits, 2) review by ACDPW for drainage impacts to Fuller Road since the stormwater management system is currently stressed in this area, 3) review by the NYSDOT for drainage impacts to SR 20, particularly the effects of the site's stormwater management system. There is also an advisory note reading: If the ACDPW does not approve of the drainage impacts to the county road then the area variance should not be granted. The building should be kept within the required setbacks and the footprint downsized if necessary."
The Town Planning Board's site plan review of 3-12-08 is as follows: "Recommend with the following conditions: 1) consider curbed landscaped end island in front of building in place of striped island proposed, 2) provide direct pedestrian connection to Fuller Road, 3) consider providing snow storage area for proposed sidewalk along main entrance, and 4) provide detailed landscaping plan identifying size and type of plant materials proposed."
The Town Planner had the following comments: "The applicant has requested a special use permit to demolish the existing Mangia's restaurant at Stuyvesant Plaza and to rebuild a similar structure with a slightly larger footprint and different orientation. I have the following comments:
- The proposal shows the building 34' from Fuller Road and will require a variance from the 45' required setback. Presently the building is 22' from the roadway so this proposal reduces the variance. However, the county has brought up concerns about the drainage in this area and coordination with the ACDPW should be mandated.
- The applicant is proposing upgrading many amenities, particularly by adding sidewalks to Western Avenue and to the adjacent plaza. In addition, significant landscaping will be added and the dumpster relocated and better screened.
- While the building is larger, the application states that the number of seats will not change. I do not know if this calculation includes seating on the outdoor patio, which should be clarified since it impacts the parking requirements.
- I have not seen building elevations which should be included as well as a full landscaping and lighting plan.
I have no planning objections contingent on the above concerns being adequately addressed."
Tom Andres of ABD Engineers presented the case.
There was discussion regarding the area variance. Chairman Barber asked if they were granted a variance for the existing building and if it would run with the land.
Don Cropsey replied that they would need a new variance because they are demolishing the building completely and building a new one; if they were just adding onto the existing building they would not need a new variance.
Mr. Andres stated that the proposed building has a slightly larger footprint than the existing building. Mr. Andres stated that the entrance to the proposed building faces into the main parking fields of Stuyvesant Plaza. Mr. Andres stated that they are asking for an 11' variance from the 45' setback. Mr. Andres responded to some of the concerns raised at the Planning Board meeting. Mr. Andres stated that they have spoken with Albany County and it will not have any effect on their project on Fuller Road. Mr. Andres stated that the old building was within a large stormwater easement that runs parallel to Fuller Road but the new proposed building will be outside the easement.
A few things that are proposed according to Mr. Andres is to tie the whole site together with sidewalks, there are sidewalks along Western Avenue and Fuller Road and they are proposing to construct a sidewalk into the site from Western Avenue over to the new building and across the median area and along the frontage of TGI Fridays to tie into the sidewalk in Stuyvesant Plaza. Mr. Andres stated that they would be willing 4' to 5' off the edge of the curb line as long as they can meet handicap codes.
Chairman Barber asked about direct pedestrian connection to Fuller Road.
Mr. Andres replied that they will have a sidewalk to Fuller Road.
There was discussion regarding sidewalks to the west.
Chairman Barber asked about the suggestion of the Planning Board for curbed landscaped end-island in place of the striped island.
Mr. Andres replied that they would like to keep it striped; the rest of the whole plaza is striped.
Chairman Barber stated that there is a raised curb on the main parking area near Provence.
Mr. Andres replied that Stuyvesant Plaza may have a problem with the raised curb for snow removal.
Chairman Barber asked if there was a stormwater management plan.
Mr. Andres stated that they were actually about ½ acre of disturbance, do they are under DEC requirements but they are adding about 4000sf of additional impervious area between the changes in the parking area. Mr. Andres stated that about 1/3 of the building will have a green roof to compensate for the increase in impervious surface.
Scott Townsend of 3t Architects spoke about the green roof and stated that the system they are using mitigates the rainwater and covers approximately 3000sf of the roof area.
There was discussion regarding have a TDE review of the site.
Don Cropsey stated that it would be prudent to have ACDPW take a look at the site.
Chairman Barber asked about a landscaping plan.
Mr. Andres stated that they would be putting a landscaping plan together and would be submitting that in a couple of weeks.
Chairman Barber asked about a lighting plan.
Mr. Andres replied that there is not any additional lighting proposed, it would just be the lighting on the building.
Chairman Barber asked if there were any comments from the residents.
Don Reeb of 5 Norwood Street, president of the McKownville Improvement Association, stated that he would like to see a sidewalk installed on the west side of the entrance.
Chairman Barber questioned the safety of residents crossing Western Avenue if a sidewalk were to be installed.
There was lengthy discussion regarding the safety of the residents crossing Western Avenue.
Kevin Quinn of 8 Elmwood Street had concerns regarding lights and the height of the lights, noise, height of the building, the hours of construction, trash and the new dumpsters, hours for trash pick-up and the lights in the trees.
Chairman Barber made a motion to continue the public hearing for the applicant to submit a lighting plan, a landscaping plan, and confirm that they cannot engineer a sidewalk on the west side. Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
OTHER:
The Board approved the minutes of 2-20-08. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
SIGNS:
The Board approved a 20sf building mounted sign for Polka Dots at 2563 Western Avenue. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
The Board approved a 4.5sf building mounted sign for Western Diner at 2019 Western Avenue. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
The Board continued a sign request for Berean Baptist Church at 481 Rt. 146.
The Board approved two signs for a total of 60sf at HANA Japanese Steak House at 1620 Western Avenue. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
There was discussion regarding the ingress/egress dispute between Amedore and Serafini.
The Board discussed an upcoming temporary sign for Metro 20 Diner for their 10th year anniversary and agreed that Don Cropsey could review the sign application and approve it if it is consistent with other signs that have been allowed in the past.
The meeting adjourned at 9pm.
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