TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JANUARY 2, 2008
Members Present
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Peter Barber, Chairman Sharon Cupoli Mike Marcantonio Susan Macri Allen Maikels Tom Remmert James Sumner
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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 TROY MILLER – 2390 WESTERN AVENUE
Chairman Barber stated that this was a continued case for the construction of a 10,000sf professional office building. Since the last hearing, the following information has been received: correspondence from the TDE, an engineering report, and a new site plan. Chairman Barber stated that this case was continued to give the TDE a chance to review lighting, landscaping, traffic and stormwater management.
Brett Steenburgh, engineer for the applicant, presented the case. Mr. Steenburgh described the lighting plan and confirmed that specifications of the lighting including candlepower values have been submitted. Mr. Steenburgh submitted copies of the proposed building exterior elevations to the Board. Mr. Steenburgh stated that a retention basin is proposed for stormwater management.
Ken Johnson of Delaware Engineering, TDE, reviewed the suggested modifications that have been addressed.
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 10,000sf professional building at 2390 Western Avenue to determine whether the granting of this special use permit would have a significant impact upon the environment. This review consisted of the applicant's submission of the Short Environmental Assessment Form, the comment provided to us by the Town Planning Board, the Town Planner and the Albany County Planning Board, also comment provided to us by the TDE. Based upon our review, this Board moves that a negative declaration should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4047
Request of Troy Miller for a Special Use Permit under the Zoning Law to permit: the construction of a two-story 10,000sf professional office building on a 1.22acre parcel of land. This proposal will include paved parking for 35 vehicles with an area for 29 additional spaces should they become needed, and a shared access from US Rt. 20. 48% of the parcel will remain undeveloped or landscaped.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property under purchase contract between Paul Wein and Troy Miller
Situated as follows: 2390 Western Avenue Guilderland, NY 12084
Tax Map #39.00-3-57.2 Zoned: LB
This decision is based upon the following findings of fact:
A public hearing was duly noticed and held on 10-17-07 and continued to this evening. No residents provided either oral or written comments.
This Board adopted a negative declaration for this Unlisted Action under SEQRA by a unanimous vote.
The Town Planning Board's site plan review of 08-16-07 was to recommend with suggestions and conditions.
In a memorandum dated 10-12-07, the Town Planner had no objections to the request.
In its decision dated August 16, 2007, the Albany County Planning Board recommended ACDOH approval for water supply, wastewater discharge and other required permits, DOT approval of highway access and road capacity, and DEC approval of rear parking lot if developed.
The Board approved Delaware Engineering as TDE to review the project.
The Board further finds that a professional office building is a permitted use in a Local Business zone.
All site related issues have been reviewed by Delaware Engineering, the TDE.
The proposed building is attractively designed with Victorian style accents consistent with the Guilderland Hamlet's appearance.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans submitted as amended to show actual banked parking spaces and 226' contour line on plan.
The hours of operation shall be Monday – Sunday from 8am to 6pm.
Construction hours shall be as follows: Monday – Friday from 7am to 6pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
Installation of sidewalk across both this property and the adjacent Wein Law Office property prior to issuance of Certificate of Occupancy.
Compliance with any other requirement of the original subdivision permit.
Proof of filing of the common driveway easement with the Albany County Clerk's Office and copy provided to Zoning Department prior to issuance of Certificate of Occupancy.
Submission of lighting plan showing 0 candle power at property line.
Fire department approval of turning radius.
Compliance with Delaware Engineering's letter dated December 17, 2007.
Retain Delaware Engineering as TDE for stormwater management work.
Compliance with Albany County Planning Board's requirements.
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.
The Board reserves the right to revisit the need for a traffic study if there is a change in tenancy or use which requires use of any part of the banked parking.
Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF ROBIN AND CHUCK SCRODANUS – 1042 MEADOWDALE RD
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 4062
Request of Charles and Robin Scrodanus for a Variance of the regulations under the Zoning Law to permit: the placement of a carport type structure in a required front yard.
Per Articles IV and V Sections 280-34 & 280-51 respectively
For property owned by: Charles and Robin Scrodanus
Situated as follows: 1042 Meadowdale Road Altamont, NY 12009
Tax Map #49.00-3-44 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of January, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: December 18, 2007"
The file consists of the mailing list to 9 neighboring property owners, the Town's required forms for this area variance, the Town Planners comments, Albany County Planning Board's recommendation of 12-20-27, a narrative and plot plans of the proposed carport.
The Town Planner had the following comments: "The applicant has requested an area variance to construct a carport in the required front yard. No planning objections although every practical effort should be made to minimize the variance."
Albany County Planning Board's recommendation of 12-20-07 was to modify local approval to include review by ACDPW for design of highway access, assessment of road capacity and drainage if there will be a separate access to CR 202 other than the existing driveway.
Robin Scrodanus, applicant, presented the case. Ms. Scrodanus stated that they would like to erect a carport to protect vehicles and a boat from the weather. Their intention would be to keep the carport up year round. The property is surrounded on all sides by a National Grid parcel and would not affect any of the neighbors. Ms. Scrodanus stated that the proposed location is slightly ahead of the existing garage and would be 21' x 26'.
Chairman Barber asked if they would be able to place the carport behind the house.
Ms. Scrodanus stated that the property drops off behind the garage and tends to be wet which makes access difficult and the southern part of the lot is the location of the septic system. Ms. Scrodanus stated that there is already an existing garage in the front yard.
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. 4062
Request of Charles and Robin Scrodanus for a Variance of the regulations under the Zoning Law to permit: the placement of a carport type structure in a required front yard.
Per Articles IV and V Sections 280-34 & 280-51 respectively
For property owned by: Charles and Robin Scrodanus
Situated as follows: 1042 Meadowdale Road Altamont, NY 12009
Tax Map #49.00-3-44 Zoned: RA3
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and held on January 2, 2008. Notice was supplemented by mailing legal notices to properties within 500' of said parcel. No residents provided either written or oral comments.
This is a Type II Action under SEQRA, not requiring SEQRA review.
In its decision dated December 20, 2007, the Albany County Planning Board recommended review by the ACDPW for design of highway access and road capacity.
In a memorandum dated December 21, 2007, the Town Planner had no planning objections.
The Board further finds that the lot drops off behind the garage and is wet which makes placement of the carport in the rear difficult; the southern part of the lot is the location of the septic system.
There is already an existing garage in the front yard.
The property is isolated with no neighbors within sight of the proposed carport.
The placement of the carport will not cause an undesirable or negative impact upon the neighborhood.
In granting this decision, 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 Sunday.
ACDPW review of highway access and road capacity.
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 MARGRET BAGGETTA – 1814 WESTERN AVENUE
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 Article V of the Zoning Law on the following proposition:
Interpretation Request No. 4061
Request of Margret Baggetta for an Interpretation under the Zoning Law to: determine the use category of an existing bar/restaurant with modifications that will include an expanded bar area, outside seasonal seating and expanded hours of operation to 3am.
Per Article V Section 280-56B
For property under purchase contract between Henry Klein III and Margret and James Baggetta
Situated as follows: 1814 Western Avenue Albany, NY 12203
Tax Map #52.09-5-7 and 52.09-5-22 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of January, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: December 18, 2007"
The file consists of the legal notice with mailing to 65 neighboring property owners, the Town's required forms for an interpretation, a purchase contract, a narrative, existing site plan, proposed site plan and a floor plan.
Julianne Girard, attorney for the applicant, presented the case. Ms. Girard noted that the patio was proposed on the east side of the building but is actually the west side. Ms. Girard stated that her client's proposed modifications will enhance the appearance of the building. Currently there are approximately 10 bar seats and 80 restaurant seats. The new proposal includes an additional 6 seats at the bar and 22 seats on the restaurant patio.
Ms. Girard stated that bar seats are defined as bar stools that are used around the bar and stated that the intention of the proposed later hours of operation is to cater to the clientele of other area businesses that are open late and individuals who work unconventional hours. Ms. Girard pointed out that Crossgates Mall has movie showings that do not begin until after 10pm. Ms. Girard displayed menus of related businesses owned by the applicant; Maxies Bar and Grill and JJ Raffertys Bar and Grill. Ms. Girard stated that the proposed hours of operation indicate the actual closing time with a last call approximately half an hour prior to that.
Chairman Barber stated that this is for an interpretation only and asked if there were any questions or comments from the residents.
Mark Kos of 28 Kraus Road had objections to the proposal based on the fact that the building was a family restaurant and this proposal is for a bar. He also pointed out that there is an existing power pole where the patio is proposed.
Peter Ryan of 20 Hanes Street agreed that the proposed use is for a bar and felt that a patio open until 3am will disrupt the neighborhood and operating at full capacity will create parking problems.
A representative from Remax stated that he thought that the patio was already existing.
Lynn Coughlin of 18 Hanes Street thought this issue was already addressed the last time this property was modified.
A resident of 14 Hanes Street pointed out that the previous owner did have plastic tabled on the existing patio and felt that noise will be a problem late at night and felt that the use is a bar.
Meris Dalyrmple of 16 Hanes Street stated that based on the information given, the use is a bar.
Jennifer Oertel of 23 Hanes Street expressed concern of overflow parking on Kraus Road.
Chairman Barber made a motion to continue this hearing for the Board to determine whether this use would be considered a bar and to give the applicant a chance to address any of the concerns. Motion seconded by Sharon Cupoli. Vote 7 – 0.
OTHER:
The Board approved the minutes of 9/5/07.
The Board approved a one year extension to Stuyvesant Plaza for the construction of a maintenance/storage building. Vote 7 – 0.
The meeting adjourned at 9pm.
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