Town of Guilderland, NY - Zoning Board Minutes

Zoning Board Minutes - 11-05-2008

TOWN OF GUILDERLAND

ZONING BOARD OF APPEALS

NOVEMBER 5, 2008

Members Present:

Peter Barber, Chairman

Charles Cahill, Alternate

Sharon Cupoli

Susan Macri

Mike Marcantonio

Tom Remmert

James Sumner

Robert Feller, Counsel

Members Absent: Allen Maikels

_____________________________________________________________________

Chairman Barber opened the meeting and pointed out the emergency exits in the event they were needed.

NEW CASES:

MATTER OF GREG IBERGER – 3150 LONE PINE ROAD

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. 4115

Request of Greg Iberger for a Variance of the regulations under the Zoning Law to permit: the placement of a 12' x 8' storage shed within 15' of a front property line on a corner lot.

Per Articles IV & V Sections 280-34 & 280-51 respectively

For property owned by Greg Iberger

Situated as follows: 3150 Lone Pine Road Schenectady, NY 12303

Tax Map # 27.07-2-30 Zoned: R15

Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of November, 2008 at the Guilderland Town Hall beginning at 7:30pm.

Dated: October 27, 2008"

The file consists of the mailing list to 36 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a schematic diagram of the property indicating the location of the proposed shed and some photographs of the property.

The Town Planner had the following comments: "The applicant is requesting an area variance to place a shed that encroaches on the front property line of a corner lot. The proposed location is partially screened by existing vegetation. No objection."

Greg Iberger, applicant, presented the case.

Chairman Barber stated that the only question he really had was why he could not locate the shed in the rear yard in the other corner.

Mr. Iberger replied that primarily it would block his neighbor's patio if moved into the other corner and from a visual standpoint it would block his neighbors view of their property and vice versa. Mr. Iberger stated that his neighbor was in favor of the proposed location of the shed.

Chairman Barber asked Mr. Iberger if he had spoken against a variance for a shed in his neighbor's yard.

Mr. Iberger replied that it was for a fence that was placed on the side of the house.

Chairman Barber asked what would happen if the existing hedgerow were eliminated. Chairman Barber stated that the buffer would need to be maintained.

Mr. Iberger stated that the hedgerow is pretty well established, the trees are mature, they are deciduous and do not drop any leaves.

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. (Maikels absent, Cahill alternate)

Chairman Barber made a motion for approval of:

Variance Request No. 4115

Request of Greg Iberger for a Variance of the regulations under the Zoning Law to permit: the placement of a 12' x 8' storage shed within 15' of a front property line on a corner lot.

Per Articles IV & V Sections 280-34 & 280-51 respectively

For property owned by Greg Iberger

Situated as follows: 3150 Lone Pine Road Schenectady, NY 12303

Tax Map # 27.07-2-30 Zoned: R15

In rendering this decision, the Board makes the following findings of fact:

A public hearing was duly noticed and supplemented by mailings to nearby property owners. 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 granting of this variance.

The Board further finds that this is a corner lot which creates two front yards under the code; therefore two front yard setbacks.

The proposed location of the shed is screened by existing vegetation and for these reasons the Board finds that the granting of this request would not cause an adverse impact upon the character of the neighborhood.

In granting this request, the Board imposes the following conditions:

Adherence to the plans as submitted.

The buffer shall be maintained to screen the shed from the street.

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. (Maikels absent, Cahill alternate)

MATTER OF SUSHI TEI – 1800 WESTERN AVENUE

Charlie Cahill read the legal notice:

Variance Request No. 4117

Request of Bi Fang Chen for a Variance of the regulations under the Zoning Law to permit: the installation of two 4' x 4' business identification/directional signs to be mounted to the existing plaza identification monument sign. Variances are requested for the following: 1) to permit sign area to exceed area permitted by the ordinance and 2) to permit four business identification signs.

Per Articles IV & V Sections 280-26 & 280-51 respectively

For property owned by Guilderland Associates, LLC

Situated as follows: 1800 Western Avenue Albany, NY 12203

Tax Map # 52.09-5-10 Zoned: LB

Dated: October 27, 2008"

The file consists of the mailing list to 21 neighboring property owners, the Town's required forms for an area variance, a depiction of the proposed signs, a narrative, a lease, the Albany County Planning Board's notification of 10-16-08, a schematic diagram showing the proposed location of the sign in relation to the monument sign out front, a map of the plaza property, a sign permit application and pictures of the sign out front.

Albany County Planning Board's notification of 10-16-08 was to defer to local consideration.

Counsel Feller recused himself from the application.

Frank Mayer of Bond, Schoeneck & King LLC, attorney for the applicant, presented the case.

Chairman Barber asked how many signs they had presently.

Mr. Mayer stated that there is one sign at the bottom of the placard and the landlord gave the applicant permission to put a sign at the top of the placard temporarily.

Chairman Barber asked if the sign would be an a-frame sign.

Mr. Mayer stated it would be an a-frame sign on its side and it is affixed to the monument sign.

Chairman Barber asked about if they had looked at the placement of the sign for sight distance particularly for cars exiting the plaza looking right.

Chairman Barber asked Don Cropsey about this type of sign; usually signs have to either be mounted to the building or freestanding.

Don Cropsey stated he had the impression the sign would be mounted to the existing monument sign.

Mr. Mayer replied that it will be affixed to the brick monument. Mr. Mayer stated that he recalls another sign for Jesses that had the same framework and was affixed to the monument sign for some time.

Chairman Barber asked Don Cropsey about the sign for Jesses.

Don Cropsey replied that Jesses had received approval to put that sign up for two weeks and it was requested that he take it down; he eventually went out of business and then it came down.

Don Cropsey stated that initially Jesses put the sign out without approval and people complained about it so they came in and got approval for a temporary sign.

Chairman Barber asked what kind of complaints were received.

Don Cropsey stated that he thought it was another business owner, a competitor, that complained about the sign.

Chairman Barber asked what the total square footage would be for the signs; excluding the temporary sign.

Don Cropsey stated that the two signs would consist of an additional 32sf.

Mr. Mayer stated that Sushi Tei is way in the back of the plaza and it is difficult with the placard being on the bottom of the monument sign for people to identify that the restaurant is in the plaza.

Chairman Barber stated that if the Board were to allow the sign here, there could be a problem in other locations. Chairman Barber asked if the landlord might be amenable to the applicant keeping the double temporary sign at the top and eliminate the one at the bottom.

Mr. Mayer stated that they had approached the landlord with that question and he was unwilling to do that because the Guns and Ammo store occupied a store twice as much space at the Sushi Tei restaurant.

Jim Sumner stated that he thought it would create sight distance problems.

Don Cropsey stated that based on the site plan, it appears that the sign would be pretty close to the state right-of-way.

Chairman Barber asked Don Cropsey if he was aware of any other signs in the Town that are similar; attached to the bottom of monument signs.

Don Cropsey cautioned the Board with respect to this type of sign. Don stated that this is not a sign that is being professionally designed and felt that it would go against what the intent of what the Zoning Law says.

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. (Maikels absent, Cahill alternate)

Chairman Barber asked Don Cropsey if he would be comfortable assessing the sight distance.

Don Cropsey replied that he would not have a problem doing that.

Don Cropsey stated that he felt that it would be more appropriate to have the applicant check with the landlord to see if there is any way to reconfigure the monument or replace the monument and come up with a new design to accommodate some of the tenants along the side of the plaza that have no visibility.

Chairman Barber made a motion to continue the hearing for decision only in two weeks. Chairman Barber stated that at that time the Board can get a report back on the sight line and then can take a look at the concerns discussed this evening. The applicant can also check to see if the landlord could reconfigure the sign.

Motion seconded by Sharon Cupoli. Vote 7 – 0. (Maikels absent, Cahill alternate)

MATTER OF CROSSGATES MALL – 1 CROSSGATES MALL ROAD

Sue Macri read the legal notice:

Variance Request No. 4118

Request of Thomas Darby of Pyramid Management Group for a Variance of the regulations under the Zoning Law to permit: the installation of two signs to be mounted on the external façade of the Crossgates Mall containing a total of 397sf of sign area. A variance is requested to allow sign area to exceed a maximum allowed area of 50sf.

Per Articles IV & V Sections 280-26 & 280-51 respectively

For property owned by Crossgates Mall Company

Situated as follows: 1 Crossgates Mall Road Albany, NY 12203

Tax Map # 52.01-1-4.1 Zoned: GB

Dated: October 27, 2008"

The file consists of the mailing list to 18 neighboring property owners, the Town's required forms for an area variance, a narrative, a sign permit application, depictions of the proposed sign for the Standard Restaurant, and Albany County Planning Board's notification of 10-16-08.

Albany County Planning Board's notification of 10-16-08 was to defer to local consideration.

Terri Walsh, General Manager of Crossgates Mall presented the case. Ms. Walsh stated that the reason they are looking for the variance for 397sf of footage is because the new restaurant will be a terrific addition to the community. This is a family owned business which will occupy about 7000sf on the lower level. Crossgates has allowed the Standard to do an exterior façade treatment that is two levels and gives a greater presence. Ms. Walsh stated that the sign would be integrated as an architectural element in the façade of the building and they believe that the 397sf is really the right size for it. Ms. Walsh stated that the letters of the sign were designed to be spread out across the various pieces of the façade; the letters could be pushed together to save space but the proposed sign enhances the entire appearance of the façade of the building by integrating it into the architecture. Ms. Walsh provided photos of the interior of the restaurant.

Chairman Barber asked Don Cropsey if he considered this to be two or three signs.

Don Cropsey replied that he looked at it as two signs; there is a blade sign which is vertical and the façade sign.

There was discussion whether "Lunch Dinner Late Night Cocktails" was a sign.

Ms. Walsh stated that was included in the square footage.

Chairman Barber asked for a breakdown in square footage of the signs.

Ms. Walsh stated that the Lunch Dinner band that goes all the way around the restaurant itself is approximately 61sf, the blade sign is just over 28sf per side, and the name itself is 265sf.

Chairman Barber stated that it has been an understanding at Crossgates that whenever you have an exterior entrance there seems to be a different approach because you want to attract people and let them know that there is an entrance there.

Ms. Walsh stated that the restaurant does have different hours than the mall itself so it is important to let people know it is there.

Chairman Barber asked what the size of the Borders store was.

Don Cropsey replied that he thought it was about 72sf; the Melting Pot was 32sf.

Chairman Barber asked if any of the other stores other than Borders had needed a variance for signage.

Don Cropsey replied that Burlington Coat Factory originally wanted two signs which would have exceeded the 50sf and the eliminated one of the signs.

Chairman Barber asked about Dicks Sporting Goods.

Don Cropsey replied that Dicks Sporting Goods did get a variance when the mall was being remodeled.

There was discussion regarding other stores signage in the mall.

Chairman Barber asked if they had looked at downsizing the sign.

Ms. Walsh replied that they had looked at downsizing; they have in fact downsized from their original design.

Chairman Barber asked if this would be the largest sign at the mall.

Ms. Walsh replied that there are no other stores that she is aware of that have a sign this large.

Sharon Cupoli stated that she thinks the new façade is very attractive and very appealing.

Chairman Barber stated that he felt that the sign was scaled appropriately.

Chairman Barber stated that the sign is about 500' from the road and it is ground level and not terribly visible.

Jim Sumner discussed removing the letters.

Counsel Feller stated that he looked at the panels as being a form of artwork.

Chairman Barber felt that sometimes the calculations for signage can be misleading when you look at the spacing between the letters and the size of the façade.

Don Cropsey stated that this was not an anchor store type tenant and this is way beyond which has been previously approved by the Board and his concern is for the other non-anchor store tenants requesting signage. Don stated that with respect to the aesthetics of the sign, he thought it looked fine, everything is in scale.

Chairman Barber asked if the calculation of the sign square footage ended up with a lot of dead space.

Don Cropsey stated "not really" and not a single letter works by itself.

Chairman Barber had concerns regarding the lower case letters in the sign and how it was calculated.

Don Cropsey replied that no matter which way you draw the rectangles, the square footage is significantly over what the Zoning Law allows.

Chairman Barber made a motion for approval of:

Variance Request No. 4118

Per Articles IV & V Sections 280-26 & 280-51 respectively

For property owned by Crossgates Mall Company

Situated as follows: 1 Crossgates Mall Road Albany, NY 12203

Tax Map # 52.01-1-4.1 Zoned: GB

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 regarding the application.

This is a Type II Action under SEQRA, not requiring SEQRA review.

The Albany County Planning Board's notification was to defer to local consideration.

The Town Planning Board's review of this application was not required.

The Board further finds that while the sign variance is substantial, it must be viewed in light of its setting and it appears that it is compatible with both the aesthetics and the size of the façade. The sign, while it has two capital letters on both ends, has lower case letters in the middle. The sign appears to be very stylishly done and will tend to direct to the exterior entrance which this restaurant will have.

The sign is located approximately 550' from Crossgates Mall Road.

The sign itself is located at the ground level, not at an elevated location.

The restaurant has hours that are not necessarily the same as retail hours; they may be open after retail stores have closed which is another reason to draw the public's attention to the exterior entrance.

To a large extent, the mall is a neighborhood unto itself and the sign size is not inconsistent with the purpose it serves.

For these reasons, the granting of this variance will not alter the character or quality of the neighborhood.

In granting this decision, the Board imposes the following conditions:

Adherence to the plans as submitted.

If this variance is not exercised with 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 6 – 1. (Sumner in the negative, Maikels absent, Cahill alternate)

OTHER:

The Board approved the minutes of 9-17-08. Vote 7 – 0.

The Board approved the minutes of 10-01-08 with modifications. Vote 6 – 0.

SIGNS:

The Board approved a 34sf building mounted sign for the Guilderland Chamber of Commerce at Star Plaza. Vote 7 – 0. (Maikels absent, Cahill alternate)

The Board approved a temporary banner for 14 days for Little Caesars Pizza at 1800 Western Avenue. Vote 7 – 0. (Maikels absent, Cahill alternate)

The Board approved a 24.5sf building mounted identification sign for Singers Jewelers at 1890 Western Avenue. Vote 7 – 0. (Maikels absent, Cahill alternate)

The Board approved a 36sf building mounted sign for Adirondack Advanced Chiropractic at 2558 Western Avenue. Vote 7 – 0. (Maikels absent, Cahill alternate)

The Board approved a 50sf freestanding sign for River of Life Church at 2333 Western Avenue. Vote 7 – 0. (Maikels absent, Cahill alternate)

The meeting adjourned at 8:45pm.