TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
SEPTEMBER 3, 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.
NEW CASES:
MATTER OF MICHELLE GONZALES – 6005 STATE FARM ROAD
Al Maikels recused himself from this application.
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. 4105
Request of Michelle Gonzales for a Special Use Permit under the Zoning Law to permit: the use of a portion of an existing single-family home for a customary home occupation. This art and framing company will provide services such as consultations, laminating, mounting, framing and digital restoration of artwork.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Michelle Gonzales
Situated as follows: 6005 State Farm Road Guilderland, NY 12084
Tax Map # 51-14-1-7 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of September, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 26, 2008"
The file consists of the mailing list to 39 neighboring property owners, the Town's required forms for a Special Use Permit, a Short Environmental Assessment Form, Albany County Planning Board's recommendation of 8-21-08, the Town Planning Board's site plan review, the Town Planners comments, a narrative and a plot plan.
Albany County Planning Board's recommendation of 8-21-08 was to defer to local consideration.
The Town Planning Board recommended approval with no conditions or suggestions.
The Town Planner had the following comments: "The applicant is requesting a special use permit for a home occupation that entails an art and framing business. The business meets the basic definition of a home occupation and the site has a long driveway and turn around that would accommodate parking. The only concern I have is when a home occupation includes retail sales, it is very difficult to regulate how much traffic it will generate. I have no planning objections if hours of operation and traffic can be regulated, perhaps by appointment only."
Michelle Gonzales, applicant, presented the case. Ms. Gonzales described her proposed business as art and framing. Ms. Gonzales stated that at most four visitors might be on the site at one time. Ms. Gonzales stated that since making the application the number of vehicles entering and exiting the driveway has averaged two per day.
Chairman Barber asked if they had talked to any of their neighbors and if they had any concerns.
Ms. Gonzalez replied that nobody had any concerns that they knew of.
Don Cropsey stated that a neighbor had stopped into Town Hall and expressed their concern regarding increased traffic, the turn around and lights from the cars. Don recommended installing landscaping.
There was discussion regarding landscaping on the property. Chairman Barber stated that the applicant does not need Zoning Board approval to improve their landscaping.
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 careful review of this application for a customary home occupation at 6005 State Farm Road to determine whether the granting of that permit would cause a significant negative impact upon the environment. This review consisted of the comments provided to us 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 Sharon Cupoli. Vote 7 – 0. (Maikels abstained, Cahill alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4105
Request of Michelle Gonzales for a Special Use Permit under the Zoning Law to permit: the use of a portion of an existing single-family home for a customary home occupation. This art and framing company will provide services such as consultations, laminating, mounting, framing and digital restoration of artwork.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property owned by Michelle Gonzales
Situated as follows: 6005 State Farm Road Guilderland, NY 12084
Tax Map # 51-14-1-7 Zoned: R20
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. One resident did raise concerns at Town Hall regarding landscaping necessary to deal with turning cars in the driveway.
This is an Unlisted Action under SEQRA and this Board adopted a negative declaration by a unanimous vote.
Albany County Planning 's recommendation of 8-21-2008 was to defer to local consideration.
The Town Planning Board recommended without any suggestions or conditions.
The Town Planner provided comments which the Board has considered this evening.
The Board further finds that based upon review of the application and the comments provided at the public hearing, it appears that the proposed use meets the requirements for a customary home occupation.
The proposed use is a consulting mail order and web based art and framing company. Customer visits, according to the application, range from 0 to 4 per day. This business does not appear to generate traffic beyond that which is normally expected in a residential neighborhood.
There are no employees outside the family.
There is ample space within the driveway to turn around and to provide parking off the road.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The hours of operation shall be as follows: Monday – Thursday from 10am to 6:30pm and by appointment only on other days.
The applicant shall work with the Zoning Administrator on appropriate landscaping if necessary to shield the nearby residential properties from car headlights using the driveway turnaround.
Continued compliance with the requirements for a customary home occupation in particular concerns that should the business grow and traffic become more than expected in a residential neighborhood, the Board reserves the right to review the application and impose any additional conditions.
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 Sharon Cupoli. Vote 7 – 0. (Maikels recused, Cahill alternate)
MATTER OF NORRIS ACKERT – 2 HENRY STREET
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:
Variance Request No. 4106
Request of Norris Ackert for a Variance of the regulations under the Zoning Law to permit: the construction of a 10' x 14' deck in a required front yard. A 35' setback is required; 13' is proposed, a 22' variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Norris Ackert
Situated as follows: 2 Henry Street Albany, NY 12203
Tax Map # 63.11-1-27 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of September, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 26, 2008"
The file consists of the mailing list to 31 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative and a depiction of the property showing the proposed deck.
The Town Planner had the following comments: "The applicant is seeking an area variance to construct a porch in a front yard. No planning objections."
Norris Ackert, applicant, presented the case.
Chairman Barber stated that this was a corner lot with two front yards. Chairman Barber stated that the house was preexisting and within the setbacks and the applicant was looking to replace the steps with a deck.
Mr. Ackert stated that was correct.
Chairman Barber asked if he had spoken to any of his neighbors and if they had any concerns.
Mr. Ackert stated that nobody had stopped by and as far as he knew, there were no concerns.
Don Cropsey stated that one of the neighbors had stopped in to Town Hall and he had no objections to the proposed deck.
Sharon Cupoli asked if there would be a roof over the deck.
Mr. Ackert replied that there would not be.
Chairman Barber asked Don Cropsey why they were hearing this case if there was not a roof over the deck.
Don Cropsey replied that you can extend 10' into a required yard, the applicant is beyond that.
Chairman Barber asked if there were any questions or concerns 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. 4106
Request of Norris Ackert for a Variance of the regulations under the Zoning Law to permit: the construction of a 10' x 14' deck in a required front yard. A 35' setback is required; 13' is proposed, a 22' variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Norris Ackert
Situated as follows: 2 Henry Street Albany, NY 12203
Tax Map # 63.11-1-27 Zoned: R10
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. One resident stopped in at Town Hall and stated he had no objections to the proposal.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the request.
The Board further finds that this is a corner lot with two front yards with two front yard setbacks. The Board has usually given consideration to that fact in terms of granting variances from one of those two front yard setbacks.
The existing house is already within the front yard setback on Henry Street. The proposed deck will replace existing front steps as an entryway.
Therefore, under these circumstances, the granting of this variance will not adversely affect 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 Sharon Cupoli. Vote 7 – 0.
MATTER OF DENIS SHEEHAN – 5217 CHESTNUT STREET
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. 4107
Request of Denis Sheehan for a Variance of the regulations under the Zoning Law to permit: the placement of an above ground swimming pool in a front yard on a corner lot.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Denis Sheehan
Situated as follows: 5217 Chestnut Drive Schenectady, NY 12303
Tax Map # 15.19-4-5 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of September, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 26, 2008"
The file consists of the mailing list to 32 neighboring property owners, the Town's required forms for this area variance, the Town Planners comments, a brief narrative and an indication of where the pool will be located on the lot.
The Town Planner had the following comments: "The applicant has applied for an area variance to install an above ground pool in the front yard of a corner lot. No planning objections."
Denis and Stephanie Sheehan, applicants, presented the case. Mrs. Sheehan stated that there is already a 6' stockade fence in place to hide the pool from view which they had received a variance for.
Chairman Barber stated that this was a corner lot and it appears that you will not even see the pool.
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 to approve:
Variance Request No. 4107
Request of Denis Sheehan for a Variance of the regulations under the Zoning Law to permit: the placement of an above ground swimming pool in a front yard on a corner lot.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Denis Sheehan
Situated as follows: 5217 Chestnut Drive Schenectady, NY 12303
Tax Map # 15.19-4-5 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 regarding the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the request.
This is a corner lot with two front yards and two front yard setbacks at the intersection of Chestnut Drive and Hickory Drive.
The Board has traditionally granted variances, where appropriate, due to the restrictions on the property caused by the front yard setbacks.
This property was previously provided with a variance which allowed for the construction of a 6' high stockade fence.
The pool will be placed closer to the house and away from the road and the stockade fence will screen the pool from view.
Therefore, the Board finds that the granting of this variance will not cause a negative impact upon the environment.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Screening of the pool shall be maintained.
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 MARY ELIZABETH AND MARK BRISTOL – 632 VIA PONDEROSA
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:
Variance Request No. 4108
Request of Mary Elizabeth and Mark Bristol for a Variance of the regulations under the Zoning Law to permit: the placement of a 21' diameter above ground swimming pool in a side yard.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Mary Elizabeth and Mark Bristol
Situated as follows: 632 Via Ponderosa Schenectady, NY 12303
Tax Map # 27.15-1-35 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of September, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 26, 2008"
The file consists of the mailing list to 31 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments and a copy of the building permit issued back in 1967 pursuant to a special use permit which granted an above ground swimming pool along with a 6' high stockade fence.
The Town Planner had the following comments: "The applicant is seeking an area variance to place an above ground swimming pool in the side yard. No planning objections."
Mary Elizabeth and Mark Bristol, applicants, presented the case. Mrs. Bristol stated that they would like to install an above ground pool in their side yard. Mrs. Bristol stated that when they bought the house the owner was filling in their inground pool in this location.
Chairman Barber asked if the 6' stockade fence was still there.
Mrs. Bristol stated that the fence was there and goes all around the perimeter of this area.
Chairman Barber stated that there are also a lot of trees in the yard to screen the pool.
Chairman Barber asked Don Cropsey why the inground pool back in 1967 did not require a variance.
Don Cropsey replied that back in 1967 every swimming pool was required to get a special use permit regardless of its placement.
Chairman Barber asked if that ran with the land and not the location.
Don Cropsey stated that the inground pool had been removed for a few years so that is why the application came in.
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. 4108
Request of Mary Elizabeth and Mark Bristol for a Variance of the regulations under the Zoning Law to permit: the placement of a 21' diameter above ground swimming pool in a side yard.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Mary Elizabeth and Mark Bristol
Situated as follows: 632 Via Ponderosa Schenectady, NY 12303
Tax Map # 27.15-1-35 Zoned: R15
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. 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 request.
The Board further finds that the proposed pool will be on the site of a pool which was allowed with a special use permit issued by the Town in 1967 and did not at that time require a variance. At that time also, a 5' high stockade fence was allowed and still there today which provided adequate shielding of the pool from view.
The lot is also heavily screened on the side and the rear providing additional screening of the pool from view. Therefore, the Board finds that the granting of this variance to allow a swimming pool in a side yard will not have a negative impact upon the quality or character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Maintenance of the stockade fence or some other appropriate screening which provides a buffer from neighboring properties.
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.
OTHER:
The Board approved the minutes of 7-2-08 and 8-20-08.
SIGNS:
The Board approved a temporary sign for Stewarts at Mill Hill Ct. for a grand opening for one day only (9/9/08). Vote 7 – 0.
The Board approved a 31sf sign for Game Crazy at Twenty Mall (Hollywood Video). Vote 7 – 0.
The meeting adjourned at 8:10pm.
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