TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
MAY 7, 2008
Members Present
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Peter Barber, Chairman Charles Cahill, Alternate Sharon Cupoli Allen Maikels Mike Marcantonio Tom Remmert, Acting Chairman James Sumner Robert Feller, Counsel
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Members Absent: Peter Barber, Chairman
Sue Macri
_____________________________________________________________________
Acting Chairman Remmert opened the meeting and pointed out the emergency exits in the event they were needed.
NEW CASES:
MATTER OF LOIS GERHARDT - 6 SCHULYER ROAD
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:
Variance Request No. 4077
Request of Lois Gerhardt for a Variance of the regulations the Zoning Law to permit: the placement of a 10' x 8' storage shed in a side yard.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Lois Gerhardt
Situated as follows: 6 Schuyler Road Albany, NY 12203
Tax Map #51.12-5-6 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of May, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 28, 2008"
The file consists of the mailing list to 48 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments and a building permit.
The Town Planners comments of 4-29-08 were as follows: "The applicant has requested an area variance for an existing shed which is placed in the required side yard. I have no objections although there does not appear to be any site limitations why the shed could not be properly placed in the rear yard."
Lois Gerhardt, applicant, presented the case. Ms. Gerhardt stated that the shed was placed in this location 6 years ago; she received a building permit and thought that she could place the shed in this location. Ms. Gerhardt stated that there is no way she could physically move the shed in the back yard given the way her back yard is situated.
Acting Chairman Remmert stated that there was some misunderstanding when the building permit was issued 6 years ago. Acting Chairman Remmert stated that the shed is very attractive and there is landscaping around it.
Acting Chairman Remmert asked the Board if they had any questions or comments regarding the application. He then asked if there were any questions or comments from the residents.
Mary Ellen Tardiff of 1 Schuyler Rd stated that she had no objection and the shed is very nicely landscaped.
Ms. Gerhardt stated that she had a letter from her neighbor at 4 Schuyler Road stating that she had no objection.
Acting Chairman Remmert made a motion to close the public hearing. Motion seconded by Al Maikels. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
Acting Chairman Remmert made a motion for approval of:
Variance Request No. 4077
Request of Lois Gerhardt for a Variance of the regulations the Zoning Law to permit: the placement of a 10' x 8' storage shed in a side yard.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Lois Gerhardt
Situated as follows: 6 Schuyler Road Albany, NY 12203
Tax Map #51.12-5-6 Zoned: R15
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailing to property owners within 500' of said parcel. One neighbor spoke at the public hearing in favor of the application, there were no submitted written comments.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections.
The Board further finds that the applicant did obtain a building permit at the original time of construction, the shed is attractively designed and placed and that there is appropriate landscaping in the area of the shed.
The placement of this shed will not cause a negative impact upon the character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as constructed.
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 Jim Sumner. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
MATTER OF XUYONG WANG – 108 FOX RUN DRIVE
Allen 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. 4078
Request of Xuyong Wang for a Special Use Permit under the Zoning Law to permit: the operation of a pest control service from an existing single-family home as a customary home occupation.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Xuyong Wang
Situated as follows: 108 Fox Run Drive Schenectady, NY 12303
Tax Map #27.16-3-13 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of May, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 28, 2008"
The file consists of the mailing list to 34 neighboring property owners, the Town's required forms for a special use permit along with a Short Environmental Assessment Form, comments from the Town Planning Board and the Town Planner, plot plans and a narrative.
The Town Planner had the following comments: "The applicant has requested a special use permit for a home occupation which is a pest control business. The main concern would be for the storage of pesticides or any other hazardous materials on site. The applicant's narrative states that very few chemicals are stored, and that the truck he uses is parked in a garage. He has no employees and no customers come to his home. No planning objection contingent on the boards determination that the chemicals are at a safe level and that the commercial truck is indeed parked indoors."
The Town Planning Board's site plan review of 4-23-08 was recommend with the following condition: vehicle must be stored in garage.
Xuyong Wang, applicant, presented the case. Mr. Wang stated that he wanted to use one bedroom as an office and part of the garage to store pesticides. The storage area is very small and presented the Board with a picture of the chemicals that he would be storing in the garage. Mr. Wang stated that he would be parking his small pick up truck in the garage. Mr. Wang stated that this business and the storage of the pesticides are strictly regulated by NYSDEC and he has a license and permit for this business. Mr. Wang submitted letters from his immediate neighbors and they did not have a problem with the business. Mr. Wang showed the Board members some of the pesticides he would be using.
Acting Chairman Remmert reviewed the conditions needed for a customary home occupation.
Counsel Feller asked how this application differed from the customary home occupation requested for the operation of vending machines.
Acting Chairman Remmert replied that the problem with the vending machine business was that the garage was an accessory structure and in this application the garage is attached to the house.
Counsel Feller asked Don Cropsey if an attached garage is considered part of the dwelling unit.
Don Cropsey replied that it is.
There was discussion regarding the DEC regulations regarding the pesticide storage.
Counsel Feller asked if there was any limitations on the storage of the chemicals in the garage.
Mr. Wang replied no.
Acting Chairman Remmert stated that Mr. Wang had provided his registration # with NYSDEC and his pesticide application # in his application.
Jim Sumner asked if the licenses and registration needed to be renewed periodically.
Mr. Wang stated that the license is good for 3 to 5 years, and every 3 years he has to renew his business license. Mr. Wang stated that every year he has to go to a training class.
Acting Chairman Remmert stated that there are three letters in the file stating that they are not against the application.
Acting Chairman Remmert asked if there were any questions or comments from the residents. There were none. Acting Chairman Remmert made a motion to close the public hearing. Motion seconded by Al Maikels. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
Acting Chairman Remmert made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review to determine whether the granting of this application for a special use permit for a customary home business consisting of a pesticide service at 108 Fox Run Drive will have a significant impact upon the environment. This review consisted of comments provided by the Town Planning Board and the Town Planner. Based upon a review of these comments, the application including the Short Environmental Assessment Form, and the comments provided by the applicant this evening, I move that a negative declaration should be issued." Motion seconded by Jim Sumner. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
Acting Chairman Remmert made a motion for approval of:
Special Use Permit Request No. 4078
Request of Xuyong Wang for a Special Use Permit under the Zoning Law to permit: the operation of a pest control service from an existing single-family home as a customary home occupation.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Xuyong Wang
Situated as follows: 108 Fox Run Drive Schenectady, NY 12303
Tax Map #27.16-3-13 Zoned: R15
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailing to residents within 750' of said property. No residents spoke at the public hearing but three residents provided written comments.
This is an Unlisted Action under SEQRA and the Board adopted a negative declaration under SEQRA.
In a site plan review dated 4-23-08, the Town Planning Board recommended approval with the condition that the vehicle be stored in the garage.
The Town Planner had no objections contingent upon that the chemicals are at a safe level and the commercial truck is parked indoors.
The Board further finds that this qualifies as a customary home occupation in that the occupation is carried on wholly within the enclosed walls of the dwelling unit and does not use more than 25% of the floor area. That it is carried on by a member of the family of the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes. It does not employ more than one person outside the family and that it will not generate traffic beyond that normally expected in a residential neighborhood. Any need for parking generated by such use shall be provided in an off street area other than the front yard and that the only parking need is for the commercial vehicle which shall be housed in the garage. It shall not create noise dust, vibration, odor, glare fumes or
electrical interference detectable by the normal senses of persons outside the dwelling unit. In the case of electrical interference, there shall be no radio or television disruption outside the dwelling unit or fluctuations in line voltages off the premises.
The Board also finds that the occupant has permits and licenses issued by NYSDEC.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Continued compliance with the requirements for a customary home occupation.
Continued compliance with any DEC and/or EPA requirements for such business.
The hours of operation shall be from 7am to 5pm and no customers will visit the premises.
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 Mike Marcantonio. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
MATTER OF KARA WOJDYLA – 1826 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 III, IV & V of the Zoning Law on the following proposition:
Special Use Permit/Variance Request No. 4068
Request of Kara J. Wojdyla for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the conversion of two second floor apartments to office space for the existing first floor real estate tenant. Total square feet of office space is 3762sf. 13 parking spaces are provided on site. Variances are sought for the following: 1) number of parking spaces - 20 spaces are required; 13 are provided, 7 spaces are requested and 2) location of parking - request to allow parking in required front yard and rear yard buffer.
Per Articles III, IV & V Sections 280-19, 280-25, and 280-51 & 52 respectively
For property owned by: Merle Whitehead
Situated as follows: 1826 Western Avenue Albany, NY 12203
Tax Map #52.09-5-1 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of May, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 29, 2008"
The file consists of the legal advertisement with mailing list to 120 neighboring property owners, the Town's required forms for a special use permit, the Town Planners comments, the site plan review by the Town Planning Board, Albany County Planning Board's recommendation, plot plans and a narrative.
Albany County Planning Board's recommendation of 12-20-2007 was to defer to local consideration.
The Town Planning Board recommended with the following conditions: provide continuous sidewalk from its existing terminus in front of the building to Palma Blvd. to be unobstructed by parked vehicles, consider opportunities to increase greenspace along Western Avenue and finalize reciprocal parking arrangement with adjacent doctor's office or other neighbors.
The Town Planner's comments of 3-12-08 were as follows: "The applicant is requesting to amend their special use permit because they converted residential apartment units to office space in this existing building, zoned BNRP. The office space also requires additional parking which will require a variance.
The application states that the current use would only require 19 parking spaces. There are 13 existing spaces on site, although only 8 spaces are lined on the pavement and all the existing spaces necessitate vehicles having to back out onto Palma Blvd. Further, there is a partial sidewalk that disappears into a parking space.
I have no objection to the change of use, however, whatever informal parking arrangements now exist should be formalized to minimize the need for variances and the sidewalk should be properly installed."
Kara Wojdyla, Esq. presented the case. Ms. Wojdyla stated that the second floor of the building was approved as apartments and was converted to conference rooms to meet with clients. Ms. Wojdyla stated that Realty USA has offices throughout the Capital Region and any of their brokers or realtors are able to use any of the offices. Each of the brokers and realtors are independent contractors, they are not technically employees so they use a branch as needed by their clients. The office does have an office manager and two administrative assistants, which are full time employees. Ms. Wojdyla stated that everyone does meet at the branch every Tuesday morning which would be the time that the most people are in the parking lot. Ms. Wojdyla stated that they have tried to formalize a
reciprocal parking agreement that they have with the dentist's office across Palma Blvd. Ms. Wodyla stated that her client had no problem with the sidewalk as conditioned by the Town Planning Board.
There was discussion regarding the parking along the fence.
Acting Chairman Remmert asked if the additional conference rooms have increased traffic.
Ms. Wojdyla stated that there has been no real increase.
Acting Chairman Remmert stated that one of the Board's concerns is the need for a variance for parking and the lack of formal parking arrangements. Acting Chairman Remmert asked if there was any chance of obtaining a reciprocal parking arrangement as the dentists office is now up for sale.
Ms. Wojdyla replied that it all depends on how fast the property is sold and how quickly they can formalize something and until then they are in limbo.
Counsel Feller asked if they received a reciprocal parking area, would they still need a variance?
Acting Counsel Remmert replied that they would but the variance would be much smaller.
Don Cropsey stated that there are actually two variances requested; one for the number of parking spaces and the other for the location of some of the parking spaces.
Don Cropsey stated that he thought they needed to look at all three of the neighboring properties to see if there were enough parking spaces to mitigate the number of parking space variance needed.
Acting Chairman Remmert asked if there were any questions or comments from the residents.
Loren Gingrich of 2 Palma Blvd. had concerns regarding the buffer and barrier between his property and this property. Mr. Gingrich stated that he would like to see the property owner erect an 8' vinyl fence and maintain the fence along the property line.
There was discussion regarding the lighting on the property.
Acting Chairman Remmert made a motion to continue the public hearing to give the applicant a chance to deal with the reciprocal parking agreements and to give Don Cropsey a chance to see if there are any parking agreements in place with any of the neighboring property owners. Acting Chairman Remmert also suggested the applicant talk to Mr. Gingrich regarding his concerns and to see if they can come to an agreement regarding some sort of a barrier. The Board also needs time to review the handout tonight and the applicant also needs to address the sidewalk issue. Motion seconded by Al Maikels. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
MATTER OF PHIL CRISAFULLI – 2500 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 III & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4079
Request of Phil Crisafulli for a Special Use Permit under the Zoning Law to permit: the construction of a 9000sf medical/professional building on three parcels of land to be merged containing 1.42 acres of land. 4500sf of space will be dedicated to medical offices and 4500sf of space will be dedicated to general offices. 64 parking spaces will be provided. All existing buildings on site will be demolished.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Phil Crisafulli
Situated as follows: 3 Hague Drive, 2502 Western Ave. & 2500 Western Ave, Altamont, NY 12009
Tax Map #s 39.00-3-3, 4 & 5 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7th of May, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: April 28, 2008"
The file consists of the legal advertisement with mailing to 45 neighboring property owners, the Town's required forms for a Special Use Permit, the Town Planning Board's site plan review, Albany County Planning Board's recommendation, the Town Planner's comments, plot plans, elevations, a narrative and a letter from the TDE.
Albany County Planning Board had the following recommendation: Modify local approval to include a Notice of Intent filed with NYSDEC affirming that a Stormwater Pollution Prevention Plan has been prepared is being implemented or submission of a Stormwater Pollution Prevention Plan that is consistent with the requirements included in the NYSDEC SPDES General Permit for Stormwater Discharges (GP-02-01, January 2003) for construction activities that disturb more than one acre of land.
The Town Planning Board recommended with the following conditions: sidewalk be provided along eastern end of parking lot to improve access from the lot, curbed landscaped end-island be installed at the western end of the center parking aisle, provide detailed landscaping plan showing size and type of material to be installed. Consider providing street trees along Rt. 20 and an evergreen screen between the site and lands of Sentz, consider banking southwestern most 7 parking spaces and provide full SWPPP.
The Town Planner had the following comments: "The applicant is requesting a special use permit to construct a 9000sf medical/office building on the site. The proposal entails combining three existing lots, and demolishing the existing structures on the site. Access to the site will be from Hague Drive, opposite the existing dermatology office. The plan meets all minimum zoning requirements, requires no curb cuts onto Rt. 20, and places all the parking in the rear of the structure. My only comments are:
- A stormwater management plan will need to be submitted.
- The landscaping seems a bit sparse along both streetscapes, around the parking lot and particularly along the southern border which abuts residential properties and may require fencing.
No planning objections contingent on the above being adequately addressed."
Mike Davis presented the case. Mr. Davis stated that Mr. Crisafulli owns three parcels of land and he is proposing to put a 9000sf building up. At the current time, there are no tenants, he is proposing half medical and half office building. Mr. Davis stated that they will be installing a sidewalk per the Planning Board comments, the curb island on the entrance, and have added additional landscaping in the front. Mr. Davis discussed the drainage and stated that they have talked to the TDE regarding the stormwater. Mr. Davis also discussed banking some of the parking spaces.
There was discussion regarding the process to merge these three parcels.
Acting Chairman Remmert asked if there were any questions or comments from the residents.
Dominick Paratore of 216 Concord Hill Drive had concerns about the removal of some of the trees buffering his property, the sidewalk and the traffic on Hague Drive
Don Cropsey stated that the landscaping is really lacking on this project and felt that a professional landscaping plan should be provided.
Acting Chairman Remmert felt that the Homeowners Association should also be contacted.
Sharon Cupoli had concerns regarding the 20' height of the lighting poles.
Mike Davis discussed the stormwater plan and the types of pipes, etc that would be used.
Don Cropsey asked if there was a way to design the stormwater to eliminate the pit in the back.
Mike Davis replied that there was not because you have to treat the water under the new MS4 regulations.
Don Cropsey asked if it could be treated under the parking lot.
Mike Davis replied no. He stated that you have to have some type of evaporation in the area and he stated that there is no way to do that under the parking lot that he knows of but he will take a look at it.
Counsel Feller asked if anything could be done to discourage traffic through the residential zone.
Acting Chairman Remmert made a motion to continue the application for submission of a landscaping plan, a lighting plan, to review the stormwater plan and the TDE report. Motion seconded by Sharon Cupoli. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
OTHER:
The Board approved the minutes of 4-2-08.
The Board approved a one-year extension of a special use permit for Hamilton House Antiques at 2261 Western Avenue. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
The Board discussed a request from Mezzanotte Restaurant for a special event permit to open the restaurant on Sunday for Mothers Day, May 11th, 2008 from 2pm to 7pm. Acting Chairman Remmert stated that the Board has granted other similar requests in the past. Acting Chairman Remmert stated that he felt it would be sort of a trial run to see how Sunday hours might work. Jim Sumner suggested having valet parking or a parking attendant for the special event. Acting Chairman Remmert made a motion for approval contingent upon there being a parking attendant on site and that the applicant notify the neighbors as to the special event. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
SIGNS:
McKownville Fire Department received approval for a temporary banner for their 90th anniversary. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
The Board approved additional signage to be added to the bottom of the existing sign at Berean Baptist Church at 481 Rt. 146 which reads "Alpha Pregnancy Care Center Call 462-2188 FREE CONFIDENTIAL PREGNANCY TESTS" Vote 6 – 0 (Barber, Macri absent, Cahill alternate)
The Board approved two temporary 30sf banners for Stuyvesant Plaza Sidewalk Sale for two weeks. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
The Board approved a 30sf permanent building mounted sign for Spa Li Ve at 1800 Western Avenue. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
The Board approved a 49sf permanent freestanding sign for Athos Classic Greek Cuisine at 1814 Western Avenue. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
The Board approved a color and electronic change to Stewarts at Mill Hill Ct. sign. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
The Board approved vinyl window lettering for SkinSations at 2592 Western Avenue. Vote 6 – 0. (Barber, Macri absent, Cahill alternate)
The Board approved a temporary grand opening banner for Hana at 1620 Western Avenue for two weeks only. (Barber, Macri absent, Cahill alternate)
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