TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
AUGUST 20, 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 RICHARD EGELSTON – 61 NORTHGATE DRIVE
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. 4102
Request of Richard Egelston for a Variance of the regulations under the Zoning Law to permit: the placement of a 10' x 21' freestanding carport in a side yard. Carport will be placed over existing pavement and be within 11' +/- of the side property line.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Richard Egelston
Situated as follows: 61 Northgate Drive Albany, NY 12203
Tax Map # 51.08-5-7 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of August, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 12, 2008"
The file consists of the mailing list to neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative, a depiction where the proposed carport will be located on the property, and a copy of the building permit with photographs of the proposed carport.
The Town Planners comments are as follows: "The applicant would like to construct a carport that will encroach 4' into the required side yard. No planning objections."
Richard Egelston, applicant, presented the case.
Chairman Barber asked if there was a paved area where the carport would be located.
Mr. Egelston replied that was correct.
Chairman Barber asked why the carport could not be placed further back.
Mr. Egelston replied that the yard slopes in the back, there is no flat ground.
Chairman Barber asked if he had talked to any of his neighbors regarding the proposal.
Mr. Egelston replied that nobody had made any comments to him.
Sharon Cupoli asked if there would be any covering on the sides of the carport.
Mr. Egelston replied that he did not plan on having any.
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. 4102
Request of Richard Egelston for a Variance of the regulations under the Zoning Law to permit: the placement of a 10' x 21' freestanding carport in a side yard. Carport will be placed over existing pavement and be within 11' +/- of the side property line.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by Richard Egelston
Situated as follows: 61 Northgate Drive Albany, NY 12203
Tax Map # 51.08-5-7 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.
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 carport, as proposed, will encroach 4' into the required side yard and that pavement currently exists in the area of the carport.
The topographical conditions restrict the ability to move the carport further to the rear of the property.
The Board finds that the placement of the carport as proposed by the applicant 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.
The Zoning Administrator shall review the final location of the carport to see if any additional landscaping may or may not be required.
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 herby declared to be null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF JENNIFER AND JEFFREY HEIBREDER – 1800 WESTERN AVE
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. 4104
Request of Jeffrey and Jennifer Heidbreder for a Special Use Permit under the Zoning Law to permit: the use of an 1400+/- sf of space within an existing shopping plaza known as Cosimos Plaza as a Little Caesars Pizza store.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Guilderland Associates, LLC
Situated as follows: 1800 Western Ave. 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 20th of August, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 13, 2008"
The file consists of the mailing list to 54 neighboring property owners, the Town's required forms for a Special Use Permit, along with a Short Environmental Assessment Form for this Unlisted Action, the Town Planners comments of 8/13/08, the Albany County Planning Board's notification of 7/17/08, the Town Planning Board's site plan review of 8/13/08, a map of the plaza, a brief narrative and a copy of the proposed lease.
The Town Planner had the following comments: "The applicant has requested a special use permit to allow a pizzeria to occupy space in the front wing of Cosimo's Plaza. I have no objection to the use, however, there has been some evidence that parking is becoming a problem in the front of this plaza. Having a series of restaurants – Brueggers, and Subway – seems to attract vehicles at similar times of day. This is causing people to park along the front curbing or other inappropriate locations. There is adequate parking around the side and back of this plaza. Perhaps some of the problem could be resolved with signage, directing people to the rear parking. And in the future, the owner should be trying to attract a more varied tenant mix."
The Town Planning Board's site plan review of 8/13/08 was to recommend without any suggestions or conditions.
Albany County Planning Board's notification of 7/17/08 was to defer to local consideration.
Jenny Heidbreder, applicant, presented the case.
Chairman Barber asked about employee parking.
Ms. Heidbreder stated that all of the employees would be parking in the back and said that their peak hours are from 4pm to 8pm which are different from the two other eateries there.
Chairman Barber asked Don Cropsey what the process was for marking the front area along the curb a fire lane.
Don Cropsey replied that you would have to install signage and stripe the pavement with "no parking fire lane".
Chairman Barber asked who determined the fire lane.
Don Cropsey replied that the Fire Inspector did. Don stated that it could be a condition for approval.
Tom Remmert asked if the pizzeria would have a rear entrance.
Ms. Heidbreder replied that they could not have a rear entrance as that would take patrons into the kitchen but again reiterated that their peak hours would be different than the other establishments. Ms. Heidbreder stated that there is ample parking during that time.
Chairman Barber stated that he would like the Fire Inspector to take a look at the site.
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 including review of the application, the comments provided to us by the Albany County Planning Board, the Town Planner and the Town Planning Board. Based upon that review, the Board determines that the granting of a special use permit for this pizzeria at a preexisting plaza that does not require any parking variances will not have a significant impact upon the environment and that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4104
Request of Jeffrey and Jennifer Heidbreder for a Special Use Permit under the Zoning Law to permit: the use of an 1400+/- sf of space within an existing shopping plaza known as Cosimos Plaza as a Little Caesars Pizza store.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Guilderland Associates, LLC
Situated as follows: 1800 Western Ave. Albany, NY 12203
Tax Map # 52.09-5-10 Zoned: LB
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 comments; either written or oral.
This Board adopted a negative declaration for this Unlisted Action under SEQRA by a unanimous vote.
The Albany County Planning Board's notification of July 17, 2008 was to defer to local consideration.
The Town Planning Board's site plan review of 8-13-08 was to recommend without any suggestions or conditions.
The Town Planner had no objections to the granting of this request.
The Board further finds that the proposed use as a pizzeria is an allowed use in a Local Business zone.
Cosimo's Plaza is an existing plaza and has been reviewed by the Board previously.
There are no parking variances required. The Board notes, however, that the Town Planner and others have noted that there are some concerns regarding the parking at the front of the building. But as the applicant has indicated, it appears that the hours of use at least for this location will be in the evening and not during the lunchtime hours. It is an opportunity however, for the Board to further enhance the no parking or no stopping region along Rt. 20.
In rendering this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The approval is based upon the representations made by the applicant both in the application and at the public hearing this evening.
The Fire Inspector shall review whether the existing sign that states "No Stopping" is satisfactory and whether there shall be additional signage or striping of a fire land along the curb to prohibit parking along the curb area.
The hours of operation shall be as set forth in the application – Monday – Sunday from 10 am to 11 pm.
All employees shall park in the rear of the building.
All deliveries shall be at the rear of the building.
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.
MATTER OF JEFFREY SINGER – 1890 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 & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4103
Request of Jeffrey Singer for a Special Use Permit under the Zoning Law to permit: the use of an existing 2000+/- sf single-story building as a retail jewelry store. 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 Wesronet Corporation
Situated as follows: 1890 Western Ave. Albany, NY 12203
Tax Map # 51.12-4-46 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of August, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 13, 2008"
The file consists of the mailing list to 61 neighboring property owners, the Town's required forms for a special use permit along with a Short Environmental Assessment Form, the Town Planners comments of 8-13-08, the Town Planner's site plan review of 8-13-08, Albany County Planning Board's notification of 7-17-08, a brief narrative and a plot plan of the structure on the site.
The Town Planner had the following comments: "The applicant is seeking a special use permit to use the former Robinson's Auto Parts store as a jewelry store. The site currently contains 6 parking spaces in the front of the building which are entirely in the NYS right-of-way. There are 5 to 6 spaces along the rear of the building and 7 spaces proposed along the side.
I have no planning objections to this application as there is no change to the existing site and the use seems to have limited parking demands. Supplementing the almost non-existent landscaping would be an improvement."
The Town Planning Board's site plan review of 8-13-08 was to recommend with the following suggestions: consideration be given to consolidating driveways and establishing a sidewalk along Western Avenue. A landscaping plan should be provided.
The Albany County Planning Board's notification of 7-17-08 was to defer to local consideration.
Jeffrey Singer, applicant, presented the case. Mr. Singer gave an overview of the proposal.
Mr. Singer stated that they would be operating a retail jewelry store, they have a limited amount of traffic during the day; rarely do they have more than three customers in the store at one time. Mr. Singer stated that there are no large delivery trucks; most of their merchandise is delivered by UPS or through the mail. They have a limited number of employees, there are three family members and one other full time person and a part time employee. Their plans are to completely remodel the inside of the building and eventually hope to remodel the outside of the building. Mr. Singer stated that they would also be hiring a professional landscaper for a container garden in front of the building on the existing sidewalk.
Chairman Barber asked Don Cropsey about the sidewalk.
Don Cropsey replied that DOT put in a sidewalk according to their specifications along this property and it stopped in front of the curb in front of Robinsons Hardware.
Chairman Barber asked if DOT had any concerns about tightening up the entrances at all.
Don Cropsey stated that they put in new curbing to delineate the entrances when that section of the highway was done. Don stated that if they were going to restrict the entrances they would have done it during the overall reconstruction project.
Chairman Barber asked about the alterations in DOT's right-of-way.
Don Cropsey stated any alterations would need to be approved by DOT. Don stated that DOT could be asked if they wanted the driveways restricted any further. Don Cropsey stated that he was not sure that was the best idea because there are so many movements there.
Garry Robinson, owner of Robinsons stated that the sidewalk goes from Amedore's property over their 10' grass onto the paved parking lot and continues onto the sidewalk in front of the hardware store, so it is continuous. Mr. Robinson stated that they only have two openings onto the site now and closing another one would definitely restrict the traffic flow into the property.
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 the application of Jeffrey Singer for a special use permit to operate a retail jewelry store at 1890 Western Avenue. This review consisted of the comments provided to us by the Albany County Planning Board, the Town Planner and the Town Planning Board along with the comments provided at the public hearing and the review of the application. Based upon that collective review, the Board finds that the granting of this special use permit will not have a significant negative impact upon the environment. Therefore, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4103
Request of Jeffrey Singer for a Special Use Permit under the Zoning Law to permit: the use of an existing 2000+/- sf single-story building as a retail jewelry store. 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 Wesronet Corporation
Situated as follows: 1890 Western Ave. Albany, NY 12203
Tax Map # 51.12-4-46 Zoned: LB
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 however the landlord did appear and speak in favor of the application.
This is an Unlisted Action under SEQRA and this Board adopted a negative declaration by a unanimous vote.
The Albany County Planning Board's notification of 7-17-08 was to defer to local consideration.
The Town Planning Board's site plan review of 8-13-08 was to recommend with suggestions regarding landscaping and consideration of consolidating driveways and extending the sidewalk.
The Town Planner had no objections to the granting of the request.
The Board further finds that the site characteristics have been previously reviewed and approved by this Board on multiple occasions.
The proposed use is an allowed use in this Local Business zone.
The applicant has a long established family business and has limited traffic at the present.
No parking variance is required and the parking appears to be adequate for this business.
In granting this decision, the Board imposes the following conditions:
A landscaping plan shall be submitted for Board review and approval.
The hours of operation shall be from Monday – Saturday from 10am to 6pm.
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.
MATTER OF WILFRED CANO – 33 PARK AVENUE
This was a continued case from August 6, 2008. Chairman Barber stated that this was continued primarily to hear Mr. Cropseys comments regarding the application.
Chairman Barber stated that it seems that the granting of four variances would be inconsistent with the character of the neighborhood. Chairman Barber stated that this is a 3000sf undersized lot with over 50% lot coverage, very tight side yards and a two story in the front of the house which makes it more intrusive in terms of impacting the neighborhood.
Don Cropsey stated that he totally agreed with Chairman Barber. Don stated that it is covering a substantial amount of the lot; much greater than any of the other structures in the neighborhood on similar size lots. This lot can be considered a nonconforming lot and this expansion is way beyond what would be allowed on a conforming lot.
Chairman Barber stated that they could possibly ask for a smaller expansion.
Don Cropsey replied that they could downsize their request and minimize the variances or even eliminating some of them.
Chairman Barber asked Don Cropsey if he had talked to the applicants about that possibility.
Don Cropsey replied that he had talked to the builder and he was pretty adamant about moving forward with the structure as proposed.
Chairman Barber asked if there were any questions or comments from the residents.
Theodore Blanchette of 35 Park Avenue voiced his concerns and was adamantly opposed to the proposal.
Jim Sumner asked if the Board made a decision tonight, would the case be allowed to be opened at another time?
Counsel Feller replied that the applicant could submit a new application with a different layout with new variances.
Chairman Barber stated that one of the factors you look at in terms of an area variance is whether or not there are less intrusive alternatives so the applicant could apply for something that was downsized. It does not necessarily mean that they would get it, but they could apply.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 7 – 0.
Chairman Barber made a motion regarding
Variance Request No. 4101
Request of Elsa and Wilfredo Cano for a Variance of the regulations under the Zoning Law to permit: the construction of a 24' x 37' two-story addition to an existing single-story home located on an undersized lot. Variances are requested for the following: 1) lot size – 5000sf minimum required; 3000sf provided, 2000sf variance requested, 2) lot coverage – 30% coverage allowed, 51% coverage proposed, 21% variance requested, 3) front yard setback – 25' is required, 20.75' is proposed, a 4.25' variance is requested and 4) side yard setback – 8' required each side, 3' proposed each side, 5' variance requested for each side.
Per Articles IV & V Sections 280-31 & 280-51 respectively
For property owned by Wilfredo B. Cano
Situated as follows: 33 Park Avenue Albany, NY 12203
Tax Map # 63.12-2-29 Zoned: R10
In reviewing this request the Board considered the conditions for an area variance as set forth in both the NYS Town Law 267-b and the Zoning Code of the Town of Guilderland. The Board finds that the variances will cause an undesirable change to the character of the neighborhood and a detriment to nearby properties.
The building lot is an undersized 3000sf lot with a small existing house situated at the rear with a proposed two-story addition at the front. The resulting structure will dominate and occupy over 50% of the lot, far in excess of the 30% allowed. This lot coverage is inconsistent with the character of the neighborhood which consists primarily of modest sized homes on smaller sized lots.
The Board notes that the placement of the proposed addition at the front of the house will have a negative impact upon the neighbor's enjoyment and use of his property.
The Board also notes that the variances are substantial and collectively would be almost unprecedented in a residential setting. The lot coverage exceeds the maximum amount by over 70% and the lot size is 40% below the minimum required.
The variances, as noted by the Zoning Administrator, could be avoided or reduced by alternative methods that have been discussed with the applicant but the application has not been revised to downsize the variances requested.
The variances are also self-created because when the property was acquired, it already was undersized and did not meet the existing minimum lot size requirements.
While the lot and existing structure are preexisting, the proposed variances will greatly exceed the code of requirements.
To the extent that this would be deemed a prior nonconforming use or structure, the proposed expansion far exceeds the amount allowed for an expansion of a prior nonconforming use or structure.
For these reasons, the Board determines that the variances should all be DENIED.
Motion seconded by Sue Macri. Vote 7 – 0.
SIGNS:
The Board approved a 37sf building mounted sign for Darrow Brothers Equipment at 2337 Western Avenue. Vote 7 – 0.
The meeting adjourned at 8:15pm.
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