TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JUNE 18, 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.
Chairman Barber stated that the continued case of Phil Crisafulli has been postponed at the applicant's request to July 2, 2008.
The continued matter of Brian Clark at 2093 Western Avenue has been withdrawn.
MATTER OF CHRISTOPHER HOFFMAN – 109 STONE RIDGE 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:
Special Use Permit Request No. 4089
Request of Christopher Hoffman for a Special Use Permit under the Zoning Law to permit: the placement of a 24' diameter above-ground swimming pool in a rear yard.
Per Articles III & V Sections 280-15 & 280-52 respectively
For property owned by Christopher Hoffman
Situated as follows: 109 StoneRidge Court Altamont, NY 12009
Tax Map # 39.11-3-35 Zoned: MR
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of June, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 10, 2008"
The file consists of the mailing list to 31 neighboring property owners, the Town's required forms for a special use permit, a Short Environmental Assessment Form for this Unlisted Action, the Town Planners comments, and plans that depict the pool on the lot.
The Town Planner had the following comments: "The applicant requires a special use permit to install an above ground swimming pool in his yard because it is zoned multiple residence. No planning objections."
Christopher Hoffman, applicant, presented the case.
Chairman Barber stated that the applicant needed a special use permit for this above ground pool only because he was located in a MR zone and virtually everything you do is by special use permit.
Mr. Hoffman stated that there are seven other duplexes and one quadplex on the cul-de-sac.
Chairman Barber stated that it seemed very straightforward and asked if there were any questions.
Sharon Cupoli asked if there was going to be any fencing around the pool.
Mr. Hoffman stated that the yard already is enclosed with a 6' stockade cedar fence on three sides and a 6' chain link fence on the back.
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 very careful review of this application to determine whether the granting of a special use permit for the installation of an above ground 24' pool would have a negative impact upon the environment. The Board finds that this use is a use typical in a residential neighborhood and that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4089
Request of Christopher Hoffman for a Special Use Permit under the Zoning Law to permit: the placement of a 24' diameter above-ground swimming pool in a rear yard.
Per Articles III & V Sections 280-15 & 280-52 respectively
For property owned by Christopher Hoffman
Situated as follows: 109 StoneRidge Court Altamont, NY 12009
Tax Map # 39.11-3-35 Zoned: MR
This decision is based upon the following findings of fact:
A public hearing was duly noticed and supplemented by mailing to neighboring property owners.
This Board adopted a negative declaration for this Unlisted Action by a unanimous vote.
The Town Planner had no planning objections.
The Board further notes that a pool is permitted by special use permit in this MR zone.
The proposed swimming pool is not any different than you would typically find in a single family residence.
The dwelling is owner occupied.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted.
Compliance with any building code requirements or any other requirements regarding installation of a pool.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this special use 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 JESSICA SMITH – 35 PROVIDENCE STREET
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 of the Zoning Law on the following proposition:
Variance Request No. 4090
Request of Jessica Smith for a Variance of the regulations under the Zoning Law to permit: the construction of a 17' x 31' single stall garage with storage above in a required side yard. An 8' side yard setback is required, 3' is proposed, a 5' variance is requested.
Per Articles III & IV Sections 280-14 & 280-51 respectively
For property owned by Jessica Smith
Situated as follows: 35 Providence Street Albany, NY 12203
Tax Map # 52.15-2-34 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of June, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 10, 2008"
The file consists of the mailing list to 46 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a brief narrative, elevation drawings of the proposed garage, a demo permit, a letter from Marion Linden giving permission to Gary Warnken of Capital Concrete to demolish the existing structure located at 35 Providence Street and removing all debris including the above ground pool.
The Town Planner had the following comments: "The applicant has requested an area variance to construct a garage that will encroach 5' into the required side yard. No planning objections."
Don Cropsey explained that the demo permit and the letter are included in the folder because the foundation is closer on the east side of the property line than the Zoning Law allows and when they had the fire the structure was demolished down to the foundation and the original foundation remains in place. It is a preexisting nonconforming location. This was included in the application for the Board's information so that there was no question as to why the applicant was not applying for a variance on the right side. The garage variance is on the west side of the building.
Jessica Smith, applicant, presented the request.
Chairman Barber stated it appears that the applicant has a driveway there right now and wants to install a garage where the driveway is.
Ms. Smiths stated that was correct.
Chairman Barber asked if the garage would blend into the house.
Ms. Smith stated yes.
Chairman Barber asked Ms. Smith if she had talked to any of her neighbors regarding the request.
Ms. Smith replied that they share a driveway and with 37 Providence Street and he said that he has no problem with it.
Chairman Barber stated that there were other houses nearby that seem to have the same type of situation; they have added garages.
Chairman Barber asked if there were any questions or comments from the residents. There were not. 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. 4090
Request of Jessica Smith for a Variance of the regulations under the Zoning Law to permit: the construction of a 17' x 31' single stall garage with storage above in a required side yard. An 8' side yard setback is required, 3' is proposed, a 5' variance is requested.
Per Articles III & IV Sections 280-14 & 280-51 respectively
For property owned by Jessica Smith
Situated as follows: 35 Providence Street Albany, NY 12203
Tax Map # 52.15-2-34 Zoned: R10
This decision is based upon the following findings of fact:
A public hearing was duly noticed and supplemented by mailings to nearby property owners. No residents provided either written or oral comments regarding the application.
This is a Type II Action under SEQRA.
The Town Planner had no objections.
The Board further notes that there is an existing driveway that is shared with the adjacent property and that the garage will be located over the driveway which is presently paved.
The applicant has indicated that the property owner at 37 Providence Street has no objection to their request.
According to the plans, the proposed garage will blend into the existing house.
The proposed garage placement is similar to other properties in the neighborhood.
Therefore, the Board finds that the granting of this variance will not have a negative impact upon the neighborhood.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted.
Construction hours shall be limited to the following: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sundays.
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.
The Board approved the minutes of 5-7-08. Vote 5 – 0. (Barber, Macri abstained)
SIGNS:
The Board approved a sign change for Maple Leaf Childcare Center at 3509 Carman Road. Vote 7 – 0.
The Board approved a 32sf sign for Stewarts at Mill Hill Ct. Vote 7 – 0.
The Board denied a temporary banner for Jiffy Lube as it does not meet the requirements for a temporary sign. Vote 7 – 0.
The Board approved a 48sf sign for Capital Hearing Center at 1855 Western Avenue.
Vote 7 – 0.
The meeting adjourned at 7:50pm.
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