TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
FEBRUARY 20, 2008
Members Present
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Peter Barber, Chairman Charles Cahill, Alternate Sharon Cupoli Mike Marcantonio Susan Macri Allen Maikels Tom Remmert James Sumner Robert Feller, Counsel
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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 JOHN AND GALA KMACK – 715 WASENTHA WAY`
Chairman Barber stated that this was a continued case and since that time the Board has received additional information – a letter dated January 9th, 2008 from the applicant requesting the case be placed back on the agenda, a report from Delaware Engineering dated January 25, 2008 which included a letter by Gifford Engineering which basically found that with certain recommendations being in place that they did not see any problem with the pool and it would not cause a destabilizing of the slope, a report dated December 21, 2007 from Daniel G. Loucks on behalf of the applicant indicating that they had also done an analysis and there would not be any problem with the pool in terms of slope stability, and a geotechnical report for an adjacent property at 711 Wasentha Way prepared by Vernon
Hoffman dated April 17, 2000 and that was a report that was used to justify the slope stability for the installation of a pool and gazebo at 711 Wasentha Way.
John Kmack, applicant, presented the case.
Chairman Barber stated that there were certain recommendations in the report and asked the applicant if he was comfortable with those recommendations.
Mr. Kmack replied "absolutely".
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 for approval of:
Variance Request No. 4042
Request of John and Gala Kmack for a Variance of the regulations under the Zoning Law to permit: the construction of an inground swimming pool beyond the intersection of a 12° angle of repose from the Normanskill Creek.
Per Articles IV & V Sections 280-29 and 280-51 respectively
For property owned by John and Gala Kmack
Situated as follows: 715 Wasentha Way Slingerlands, NY 12159
Tax Map #51.18-1-24 Zoned: RO40
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held and no residents provided oral comments, the residents at both 711 and 719 Wasentha Way provided written letters in favor of the application.
This Board appointed Delaware Engineering as TDE to review the slope stability issue. Delaware Engineering is also working with Gifford Engineering to perform a geotechnical analysis of the site.
In a geotechnical report dated April 17, 2000 and supplemented on May 15th, 2000 Vernon Hoffman PE had assessed the stability of the slope with regard to a proposed pool and gazebo located next door at 711 Wasentha Way. Based upon that report and analysis and report of a TDE, the Board issued a variance for the angle of repose on that site.
In a report dated December 21, 2007, Daniel Loucks, the applicant's engineer found that the pool would add little or no added load to the slope and the geotechnical conditions indicated a stable slope.
In a report dated January 16, 2008 Gifford Engineering stated that in his professional opinion the pool could be installed without destabilizing the slope if certain recommendations are followed.
Based upon these professional opinions, the Board finds that the granting of this variance will not have a negative impact upon the character or quality of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
Adherence to the recommendations contained in Gifford Engineer's report including that excavated material shall be removed; that regrading shall be limited to a maximum of 1.5' of fill and that no fill shall be placed within 50' of the crest of the slope. Prior to the time of final inspection by the Building Department these recommendations shall be followed.
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 SCOTT ARMSTRONG – 3417 GARI LANE
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. 4063
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
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of February, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 11, 2008"
The file consists of the mailing list to 85 neighboring property owners, the Town's required forms for a special use permit along with a Short Environmental Assessment Form, the EDAC waiver, the Town Planning Board's site plan review, the Town Planners comments, a letter from the property owner at 3415 Gari Lane in opposition to the plan, a letter from the owner of 3422 Gari Lane also in opposition to the request and a letter from the tenant at 3415 Gari Lane indicating that they are also opposed to the request.
The Town Planning Board's site plan review was to recommend approval with the following conditions: no storage of commercial vehicles on site and no deliveries of product to the residence.
The Town Planner had the following comments: "The applicant has requested a special use permit to conduct a customary home occupation at this address. The business entails storing food products for vending machine sales. No customers come to the site and no additional traffic is generated and no additional parking required. My only question is whether the business requires the parking of a commercial vehicle on site, which is not permitted in residential districts. No objection to the site plan approval."
Scott Armstrong, applicant, presented the case. Mr. Armstrong stated that the residence would basically be used just for storage of products and occasionally there will be machines for repair in the garage. Mr. Armstrong stated that he does not live there at the current time and he is doing major repairs on the home. Mr. Armstrong stated that he had previously received deliveries from distributors and that he was unaware that he even needed to get a permit. Mr. Armstrong stated that he would agree to have no more deliveries in the development and will receive deliveries off site.
Chairman Barber stated that home based businesses are allowed as customary home occupations in residential zones if you meet certain criteria. Chairman Barber stated that he did meet some of the criteria.
There was discussion regarding Mr. Armstrong occupying the residence as that is one of the conditions of a customary home occupation.
Chairman Barber asked Don Cropsey if he found this customary home occupation different from others that have been granted in the past.
Don Cropsey stated that the only question that he had initially was the repairs to the vending machines on the site. Don stated that over the past year there have been vending machines in the yard but now the applicant has stated that they will be repaired in the garage.
Chairman Barber asked how often he would need to be transporting product from his house.
Mr. Armstrong replied that he would load up in the morning and that would be it.
Jim Sumner asked if the applicant would need any kind of permits from the Food and Drug Administration.
Don Cropsey stated that all the products are prepackaged and there would be no cooking.
Chairman Barber asked how long the products would be stored at the house.
Mr. Armstrong replied that he gets pallets about every six weeks and takes him approximately that long to get rid of them.
Chairman Barber asked if there were any questions or comments from the residents.
Ken Spooner of 3413 Gari Lane had concerns with the business growing and the potential traffic concerns and was opposed to the proposal.
Chairman Barber replied that if the business grows and violations of conditions imposed in the special use permit start occurring, then two things could happen; the Zoning Enforcement Officer would bring the matter back before the Board for possible revocation of the permit or the Zoning Enforcement Officer would say that they have gone beyond the contents of their permit and they would have to move it to a new location.
There was discussion regarding signage allowed.
Michael Donegan, representing Jim and Sue Ryan of 3415 Gari Lane stated that his client was very adamantly opposed to the application for a number of reasons; deliveries, property values, a business in a residential zone, etc.
Jane MacNeil of 17 Lee Avenue asked what happened to the commercial waste and was opposed to the application.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber stated that until the house becomes owner occupied, the business could not be run out of the home.
Chairman Barber stated that he would like to look into how the business is occupied, such as commercial waste, returns, etc. and the type of storage needed for packaged materials.
Mr. Armstrong replied that he has very little waste (outdated food) but does have some cardboard boxes. There will be no dumpsters or accumulations of food products. Mr. Armstrong stated that if his business does grow, he would look for an outside commercial storage unit.
Mr. Armstrong stated that the only time a vending machine comes to his location is if he loses an account or there is something seriously wrong with the machine. Mr. Armstrong stated that 95% of the repairs are done at the location of the vending machine and his soda machines are leased so he does not do the repairs on them. Mr. Armstrong stated that he borrows a truck if he needs to move a machine, which on the average is three times a year.
Chairman Barber made a motion to continue the hearing for two weeks for decision only. Motion seconded by Sharon Cupoli. Vote 7 – 0.
OTHER:
The Board approved the minutes of January 2, 2008 and January 16, 2008.
The Board granted a one-year extension for the special use permit for Mill Hollow at 5060 Western Turnpike. Vote 7 – 0.
The Board granted the withdrawal of the special use permit request for Margret Baggetta at 1814 Western Avenue. Vote 7 – 0.
SIGNS:
The Board approved two signs for a total of 37sf at Hansens Wood Flooring at 1434 Western Avenue. Vote 7 – 0.
The Board approved a 33sf building mounted sign for Polished Nail Spa at 3770 Carman Road. Vote 7 –0.
The Board approved a 22sf building mounted sign for Sincerely Yours Card & Gift at 3770 Carman Road. Vote 7 – 0.
The Board approved a 30sf temporary banner for two weeks only at 1811 Western Avenue for Angela's Bridal. Vote 7 – 0.
The Board approved a 50sf freestanding identification sign at 1809 Western Avenue for Auto Finders. Vote 7 – 0.
The Board discussed the Serafini/Amedore access to the traffic light on Rt. 20.
Don Cropsey stated that he has discussed the Special Use Permit with Amedore and they have responded with a letter from his engineer describing the easement that is in place providing access to the light. That easement entails the use of that property for the residential opportunities building at 9 Locksley Place. They have the easement rights to cross over the Amedore property. Don stated that there was no easement rights for the Serafini property and through a series of events it was open and then it was closed and access was provided for the Locksley Place property. Serafini has asked his residents to contact the Town as to why it was closed and Don stated that he has asked Mr. Amedore to respond to that question.
Chairman Barber stated that a condition of approval in the special use permit was Serafini property residents have access to the traffic light.
Chairman Barber stated that they would wait a few more weeks to see what Amedores response will be and decide what to do at that point.
The meeting adjourned at 8:45pm.
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