TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JULY 2, 2008
Members Present
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Peter Barber, Chairman Susan Macri Allen Maikels Mike Marcantonio Tom Remmert James Sumner Robert Feller, Counsel
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Members Absent: Sharon Cupoli, Charles Cahill
____________________________________________________________________
Chairman Barber opened the meeting and pointed out the emergency exits in the event they were needed.
MATTER OF RONALD LONGWELL – 6606 RT. 158
Chairman Barber stated that this case was continued to allow the Town Planning Board to do a site plan review. The Town Planning Board recommended with the following condition: "Provide a landscaping plan that effectively screens the parking, commercial vehicles and construction supplies from the roadway and adjacent neighbors."
Chairman Barber stated that the Board also had a question as to whether this was a customary home occupation 2 because there is a 5 acre requirement and whether the property, which is 3.89 acres, would need an area variance or a use variance.
Counsel Feller concluded that it was an area variance.
Chairman Barber stated that he understood that Mr. Longwell had started some landscaping work.
Mr. Longwell stated that they have been continually doing landscaping work since they bought the property.
Chairman Barber asked the applicant if he preferred to install landscaping or a fence.
Mr. Longwell replied that they would prefer to install a fence, and the Town Planning Board suggested a combination of landscaping and fencing.
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 6 – 0. (Cupoli absent)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application to determine whether the granting of a customary home occupation 2 for property located at 6606 Rt. 158 would have a substantial negative impact upon the environment. This review consisted of the comments provided to us by the Albany County Planning Board, the Town Planning Board, the Town Planner and also the conducting of a public hearing. Based upon that record, I move that a negative declaration under SEQRA should be issued." Motion seconded by Al Maikels. Vote 6 – 0 (Cupoli absent).
Chairman Barber made a motion to approve:
Special Use Permit/Variance Request No. 4085
Request of Ronald Longwell for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the operation of a customary home occupation 2 on a 3.89 acre parcel of land. A 5 acre parcel is required; 3.89 acres is provided, a variance of 1.1 acres is requested.
Per Articles III & V Sections 280-24.1 & 280-51& 52 respectively
For property owned by Ronald Longwell
Situated as follows: 6606 Rt. 158 Altamont, NY 12009
Tax Map # 38.00-3-2 Zoned: RA3
The Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailing to nearby property owners. A number of residents spoke in favor of the application.
This is an Unlisted Action under SEQRA and the Board adopted a negative declaration by a unanimous vote.
The Albany County Planning Board's determination of May 15, 2008 was to defer to local consideration.
The Town Planning Board's site plan review of June 25, 2008 was to recommend with conditions regarding landscaping to screen the vehicles and construction supplies from nearby properties.
Six neighboring property owners signed a petition in favor of the request noting that they have no concerns regarding the proposed use.
The Board has determined that this is an area variance from the 5-acre requirement set forth for a customary home occupation 2.
The applicant is a subcontractor for installing above ground pools and this is a seasonal use.
At this point the applicant has two employees which is the maximum allowed for a customary home occupation 2. Those employees work off site during the day and there is no travel back and forth to the site during the day for supplies or materials.
The proposed use is incidental to the residential use.
The proposed use is not beyond that normally expected for properties located on Rt. 158.
Therefore, the Board finds that the proposed use will not negatively impact the character or quality of the neighborhood.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted.
Installation of fencing and landscaping to screen the view of the business from neighboring properties.
Continued compliance with the requirements for a customary home occupation 2.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this special use permit/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 Al Maikels. Vote 6 – 0. (Cupoli, Cahill absent)
MATTER OF PHIL CRISAFULLI – 2500 WESTERN AVENUE
Chairman Barber stated that this was a continued case for a special use permit for a 9000sf medical/professional office building. Chairman Barber stated that since the last hearing the following documents have been received: a revised site plan that incorporates the changes suggested by both the Town Planning Board and the Zoning Board and also working with Don Cropsey regarding both lighting and landscaping issues and a letter from Delaware Engineering on stormwater system analysis.
Joe Bianchine of ABD Engineers and Surveyors gave a brief overview of the project. Mr. Bianchine stated that the parking lot would contain initially 59 parking spaces with banking in the back because there is a small area of wetlands in the back. Mr. Bianchine stated that the lighting would be down type lighting, 12' poles and the entrances would have just a carriage light at the doorways. Mr. Bianchine stated that there would be a sidewalk in the front and there would be front door. There would be perimeter landscaping around the building; there have been some street trees and pine trees added. Mr. Bianchine stated that on site drainage would be controlled by a detention basis, it will have a sand bottom with an under drain so that when water goes in there, it will temporarily pond there
and will drain down through the sand and go out to the drainage system on Hague Drive. Mr. Bianchine stated that the roof drainage would be controlled by roof drains which will go to three drywells. Mr. Bianchine discussed the traffic.
Chairman Barber asked if the lights would be on at night.
Mr. Bianchine replied that they would not; they would be on a timer.
There was discussion regarding the uses in this building.
Phil Crisafulli stated that he had met with the Homeowners Association and they had discussed sidewalks and landscaping. Mr. Crisafulli stated that they would be moving some of the existing trees onto the Homeowners Association easement.
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 Jim Sumner. 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 9000sf medical/professional office building to determine whether the granting of a special use permit would have a significant negative impact upon the environment. This review consisted of the conducting of the public hearing, the review provided to the Board by the Albany County Planning Board, the Town Planning Board, the Town Planner and comments provided by the TDE. Based upon those comments and the conducting of the public hearings, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Cahill absent)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4079
Request of Phil Crisafulli for a Special Use Permit under the Zoning Law to permit: the construction of a 9000sf medical/professional building on three parcels of land to be merged containing 1.42 acres of land. 4500sf of space will be dedicated to medical offices and 4500sf of space will be dedicated to general offices. 64 parking spaces will be provided. All existing buildings on site will be demolished.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by Phil Crisafulli
Situated as follows: 3 Hague Drive, 2502 Western Ave. & 2500 Western Ave, Altamont, NY 12009
Tax Map #s 39.00-3-3, 4 & 5 Zoned: LB
The Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailing legal notice to properties within 750' of said parcel. The Board did receive comments from neighboring property owners.
The Board declared a negative declaration under SEQRA by a unanimous vote.
Albany County Planning Board's determination of 3-20-08 was to have the Board review the Stormwater Pollution Prevention Plan which was done by the TDE.
In a site plan review, the Town Planning Board recommended with conditions which the applicant has agreed to and reflected in their modified plan.
The Town Planners comments of April 29, 2008 basically mirrored those of the Town Planning Board.
This Board appointed Delaware Engineering as TDE to review the Stormwater Pollution Prevention Plan and Delaware Engineering has stated that it meets the statutory requirements as long as certain requirements are met during construction.
The proposed use meets all zoning requirements and does not require any curbcuts on Rt. 20 and all parking is at the rear of the building.
The applicant has worked closely with the Zoning Administrator to substantially improve the landscaping along the street and around the property as a whole and has lowered the lighting to minimize any impacts upon neighboring properties.
The applicant has provided some additional sidewalking as required by the Town Planning Board along with the curbed landscaped end island.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted with the relocation of the pine trees as identified in the back of the property as long as the relocation is approved by the Homeowners Association. The applicant shall maintain the trees.
The hours of operation shall be from 8am to 6pm Monday – Saturday.
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.
The Board requires that the three lots be merged.
Compliance with the requirements that Delaware Engineering has set forth in their letter of June 27, 2008 regarding stormwater pollution prevention.
Final review of the installed stormwater management system by Delaware Engineering.
Compliance with the Albany County Planning Board's recommendation regarding any stormwater pollution prevention plan notifications and filings regarding DEC.
Fire department review and approval of connections and access to the building.
The 6 parking spaces to the rear that are near the wetlands will be banked to prevent any disturbance of the wetlands but if there is a need later for the banked parking, no construction will take place until there has been a determination of wetland jurisdiction.
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 Jim Sumner. Vote 6 – 0. (Cupoli, Cahill absent)
MATTER OF BRIAN CLARK – 2563 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. 4094
Request of Brian Clark for a Special Use Permit under the Zoning Law to permit: the use of 1400+/-sf of space as a martial arts instruction studio and related activities. 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 Frank & Jane Sgambellone
Situated as follows: 2563 Western Avenue Altamont, NY 12009
Tax Map # 39.11-2-21 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of July, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 23, 2008"
The file consists of the mailing list to 43 neighboring property owners, the Town's required forms for a special use permit, the Town Planners comments, Albany County Planning Board's notification of 6-19-08, the Town Planning Board's site plan review of 6-11-08, a lease agreement between the owner of the property and the applicant and a plan of the existing conditions at Park Place.
The Town Planner had the following comments: "The applicant is requesting a special use permit to conduct a martial arts business in a vacant space at Park Place plaza. There are no site plan issues with the plaza and the parking is adequate. No planning objections."
Albany County Planning Board's notification of 6-19-08 was to defer to local consideration.
The Town Planning Board's site plan review of June 11, 2008 was to recommend without any suggestions or conditions.
Brian Clark, applicant, presented the case. Mr. Clark stated that this space previously was occupied by Queen of Tarts and prior to that it was a martial arts school.
Chairman Barber asked if there was adequate parking.
Mr. Clark replied "definitely".
Chairman Barber asked about the hours of operation.
Mr. Clark replied that it would be 8am to 9pm daily.
Chairman Barber stated that was consistent with other businesses at the plaza.
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 Tom Remmert. Vote 6 – 0. (Cupoli absent, Cahill absent)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application for a martial arts instruction studio at 2563 Western Avenue to determine whether the granting of a special use permit would have a significant negative impact upon the environment. This review consisted of the conducting of the public hearing, the review provided to the Board by the Albany County Planning Board, the Town Planning Board, the Town Planner and further notes that this is a proposed use to be cited in a strip mall that has been previously reviewed and approved by the Board. For these reasons, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Cahill absent)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4094
Request of Brian Clark for a Special Use Permit under the Zoning Law to permit: the use of 1400+/-sf of space as a martial arts instruction studio and related activities. 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 Frank & Jane Sgambellone
Situated as follows: 2563 Western Avenue Altamont, NY 12009
Tax Map # 39.11-2-21 Zoned: LB
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 this application.
This is an Unlisted Action under SEQRA and the Board adopted a negative declaration under SEQRA by a unanimous vote.
The Albany County Planning Board's notification of 6-19-08 was to defer to local consideration.
The Town Planner had no planning objections.
The Town Planning Board's recommendation of 6-25-08 was to recommend without any conditions or suggestions.
The Board further finds that this is an allowed use in a Local Business zone.
This business is cited at an approved strip mall and is located at the same location as a prior martial arts studio.
The conditions for this mall have been previously reviewed and approved by the Board; there is adequate parking and no parking variance is required.
In granting this decision, the Board imposes the following conditions:
The hours of operation shall be daily from 8am to 9pm.
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 Jim Sumner. Vote 6 – 0. (Cupoli, Cahill absent)
MATTER OF BROWN/VIGNERI – 125 BIRCHWOOD 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:
Special Use Permit Request No. 4091
Request of Ruth Brown and Debbie Anne Vigneri for a Special Use Permit under the Zoning Law to permit: the use of up to 8% of the floor area of an existing single family home for a therapeutic massage business, a customary home occupation.
Per Articles III & V Sections 280-14 & 280-52 respectively
For property under purchase agreement between Ruth Brown & Debbie Anne Vigneri and Mark & Patricia Hill
Situated as follows: 125 Birchwood Drive Schenectady, NY 12303
Tax Map # 36.06-2-8 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of July, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 23, 2008"
The file consists of the mailing list to 54 neighboring property owners, the Town's required forms for a special use permit, a Short Environmental Assessment Form, a narrative, a plan of the interior of the house and the location of the proposed use, the site plan review by the Town Planning Board, the Town Planners comments and a copy of the purchase contract between the applicants and the homeowner.
The site plan review by the Town Planning Board of June 25, 2008 was to recommend without any suggestions or comments.
The Town Planner's comments of June 25, 2008 were as follows: "The applicants are requesting a special use permit to operate a massage therapy business at a house they are about to purchase. The business meets the requirements of the home occupation law and there is adequate parking in the existing driveway. No planning objections."
Ruth Brown stated that her and her partner Debbie Anne Vigneri are under contract to purchase 125 Birchwood Drive.
Chairman Barber asked if the contract was conditioned upon approval for the special use permit.
Ms. Brown replied that it was not, they are purchasing the house regardless.
Ms. Brown stated that they are both nationally and state certified licensed massage therapists and their practice consists of therapeutic work with regular clients; 90% of their practice is long-term clients. Ms. Brown stated that they work by appointment only, they have no walk ins and leave a half hour between any appointments which precludes any waiting.
Ms. Brown addressed the concern of traffic in the neighborhood. Ms. Brown stated that they work with only one client at a time and by appointment only and she also stated that they would not be needing a sign on the property.
Chairman Barber asked if they had a single car width driveway.
Ms. Brown replied that it was.
Chairman Barber asked how they would stop cars from parking on the street.
Ms. Brown replied that is why they schedule their clients with breaks in between.
Chairman Barber asked how many clients they would have on a typical day.
Ms. Brown replied that on a very busy day they would have eight; their only long day would be on Thursday.
Chairman Barber asked if they would ever have two clients at the same time or if they worked on one client at the same time.
Ms. Brown replied that they do a four handed massage and they also do couples massage but occasionally they would have two different clients who would be coming and leaving at about the same time.
Chairman Barber asked how long the typical session was.
Ms. Brown replied they are generally an hour or an hour and a half.
Chairman Barber had concerns with clients parking on the street.
Ms. Brown replied that there would never be anyone parking on the street, they would always be parked in the driveway.
Chairman Barber asked if there were any questions or comments from the residents.
Charles Welge of 129 Birchwood Drive was vehemently opposed to the proposal and had concerns about the traffic.
Tom Compoli of 127 Birchwood Drive expressed concern about having unfamiliar individuals in the neighborhood.
Clara Lasselle of 124 Birchwood Drive disagreed with comparing the traffic generated by the business with a young family of four rather than an older family of two which is the demographic of the neighborhood and was opposed to the application.
Rita Hesler of 123 Birchwood Drive asked the Board to consider what kind of precedent granting the permit would set in the neighborhood. Mrs. Hesler read a letter from her son, a former resident of the Town of Guilderland expressing opposition to the proposal.
Jane Macwoods of Johnston Road stated that she uses the applicants' services and supports the proposal.
Rebecca Barnard, owner of a business in Stuyvesant Plaza who is an acquaintance of the applicants, spoke in favor of the applicant's proposal.
Don Nolte of 132 Birchwood Drive, a resident of the neighborhood for over 50 years, spoke in opposition to the proposal.
Tom Hesler of 123 Birchwood Drive, the immediate neighbor of the applicants, spoke in opposition to the proposal.
Peter Skelly of 136 Birchwood Drive spoke in opposition to the proposal since it would not be in character with the neighborhood.
Carolyn Moran of Albany, who has known the applicants for over a year, spoke in favor of the proposal and stated that they would be excellent neighbors.
Linda Singer of Woodlawn Drive stated that she uses Birchwood Drive to walk her dog and she spoke in favor of the proposal.
Nathan Kazerski of 3 Salem Court stated that he understands the neighbors concerns regarding traffic but spoke in favor of the proposal.
Nancy Heirs of Albany stated that she regrets that the applicants will be moving out of her apartment and spoke in favor of the applicants.
Anne Tariello of 137 Birchwood Drive, another long time resident of the neighborhood, spoke in opposition to the proposal.
Clara Lasselle of 124 Birchwood Drive stated that the problem is that a business is coming into a residential neighborhood and this would set a precedent for other businesses.
Don Nolte of 132 Birchwood Drive voiced his concerns over the property values.
Tom Hesler of 123 Birchwood Drive spoke in opposition again to the proposal and had concerns regarding the traffic.
Ruth Brown responded to some of the concerns raised by the residents. Ms. Brown stated that they have been straightforward in coming to the Board and before the neighbors and she stated that first and foremost, it would be their home. Ms. Brown stated that this is not a commercial business.
Tom Hesler of 123 Birchwood stated that this still is a business and should not be allowed in a residential zone.
Chuck Welge of 129 Birchwood Drive asked why the applicants had not bothered to talk to any of the neighbors first about buying the house and their proposal.
Pete Skelly of 136 Birchwood Drive asked what the next step would be in this process.
Chairman Barber replied that they would close the public hearing, do SEQRA review and then a decision.
Pete Skelly of 136 Birchwood Drive again voiced his objections to the proposal.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Cahill absent)
Chairman Barber discussed the criteria needed for a customary home occupation.
Chairman Barber asked Don Cropsey if there had been other massage therapy customary home occupations granted.
Don Cropsey replied that there has been at least one granted which was similar to the one the applicants are proposing.
Chairman Barber stated that the question is going to be whether the customary home occupation will generate traffic beyond that normally expected in a residential neighborhood.
Don Cropsey stated that there are a lot of home occupations that occur without the Town having any knowledge of them until a complaint is made.
Chairman Barber made a motion to continue the hearing until August 6th, 2008 for decision only. Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Cahill absent)
MATTER OF FRED WAGNER III – 603 RT. 146
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 Articles III & V of the Zoning Law on the following proposition:
Special Use Permit Request No. 4092
Request of Fred Wagner III for a Special Use Permit under the Zoning Law to permit: the construction of a 30' x 40' two-story garage. The second floor will be used as a dwelling with office space for an excavation business, and the garage portion of the structure for a dump truck. This customary home occupation 2 business will include an external storage area as well on this 53-acre parcel.
Per Articles III & V Sections 280-24.1 & 280-52 respectively
For property owned by Fred Wagner III
Situated as follows: 603 Rt. 146 Altamont, NY 12009
Tax Map # 38.00-3-13 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of July, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 23, 2008"
The file consists of the mailing list to 24 neighboring property owners, the Town's required forms for a special use permit along with a Short Environmental Assessment Form, the Town Planners comments, a site plan review by the Town Planning Board, Albany County Planning Board's notification of June 19, 2008, a narrative and a plot plan of the property.
The Town Planning Board's site plan review of June 25, 2008 was to recommend with no suggestions or conditions.
The Town Planner had the following comments: "The applicant has requested a special use permit to operate a customary home occupation 2 on this 52-acre parcel. He intends to build a structure where he will live on the second floor with an office for an excavation business on the ground floor. He will also have an outside area for his construction equipment. The parcel is well vegetated and the existing structure is set back far from the road so that the use will not be visible. No planning objection."
Albany County Planning Board's notification of 6/19/08 was "Modify local approval to include Albany County Department of Health review of any well or septic system."
Fred Wagner, applicant, presented the case. Mr. Wagner stated that he is looking to construct a 30' x 40' building. The lower level will not be large enough to fit a dumptruck in, there will two 10' x 8' doors with storage for his boat and pickup truck. Mr. Wagner stated that there are minimal materials on site.
Chairman Barber asked about the outlet.
Mr. Wagner replied that there is an existing driveway out onto Osborne Road, there would be no changes.
Chairman Barber stated that it seems pretty isolated there and asked if any of his neighbors had any concerns.
Jim Sumner asked about excavation debris and if it would be brought back to the site.
Mr. Wagner replied that he owns other property in town and most of the business is run from there. He also stated that there are different places in town where they would dispose of the material.
Chairman Barber asked if there were any questions or comments from the residents.
Gerard Beckman of 590 Rt. 146 asked if any of the trucks and trailers would be exiting onto Rt. 146.
Mr. Wagner stated that they would be exiting and entering on Osborne Road.
Mr. Beckman asked how many vehicles he would be having on site.
Mr. Wagner replied it would be minimal.
Mr. Beckman asked if there would be any fuel storage on site.
Mr. Wagner replied no.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Cahill absent)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of the application by Fred Wagner for a customary home occupation 2 at 603 Rt. 146 to determine whether the granting of this application would have a significant impact upon the environment. This review consisted of the comments provided to the Board by the Albany County Planning Board, the Town Planning Board and the Town Planner along with the conducting of this public hearing this evening and the review of the application. Based upon our review, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli, Cahill absent)
Chairman Barber made a motion to approve:
Special Use Permit Request No. 4092
Request of Fred Wagner III for a Special Use Permit under the Zoning Law to permit: the construction of a 30' x 40' two-story garage. The second floor will be used as a dwelling with office space for an excavation business, and the garage portion of the structure for a dump truck. This customary home occupation 2 business will include an external storage area as well on this 53-acre parcel.
Per Articles III & V Sections 280-24.1 & 280-52 respectively
For property owned by Fred Wagner III
Situated as follows: 603 Rt. 146 Altamont, NY 12009
Tax Map # 38.00-3-13 Zoned: RA3
This decision is based upon the following findings of fact:
A public hearing was duly noticed and one resident provided comments at the public hearing.
The Board adopted a negative declaration under SEQRA for this Unlisted Action by a unanimous vote.
Albany County Planning Board's review of 6-19-08 was to have the Department of Health review the septic and well systems.
The Town Planning's site plan review of 6-25-08 was to recommend without any suggestions or conditions.
The Town Planner had no planning objections.
The Board further finds that this is a 53 acre parcel and that the proposed site of the activity as depicted on the plans is far from the road and not visible from the road.
The applicant currently does not have any employees although the Board does recognize that the applicant can have up to two employees.
The proposed use is clearly incidental to the residential use.
There is no curbcut proposed for Rt. 146 and that the access to the property will be from Osborne Road.
The Board finds that the requirements for a customary home occupation 2 have been met.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Continued compliance with the requirements for a home occupation 2.
There shall be no dumping of debris unless they are materials that the applicant is using for his business.
The access to the property shall be off of Osborne Road in terms of the business use.
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 Jim Sumner. Vote 6 – 0. (Cupoli, Cahill absent)
MATTER OF STUYVESANT PLAZA – 1475 WESTERN AVENUE
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 4095
Request of Edward Costigan for a Variance of the regulations under the Zoning Law to permit: the replacement of an existing freestanding sign of 44.18sf (22.09sf/side) with a 79.34sf (39.67sf side) freestanding sign. A maximum of 50sf is permitted; 79.34sf is proposed, a 29.34sf variance is requested.
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by Stuyvesant Plaza, Inc.
Situated as follows: 1475 Western Avenue Albany, NY 12203
Tax Map # 52.04-2-8 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 2nd of July, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 23, 2008"
The file consists of the mailing list to 48 neighboring property owners, the Town's required forms for an area variance, an application both for the sign permit and the area variance, Albany County Planning Board's notification and a map that shows both the location of signage and the relation to nearby properties.
Albany County Planning Board's notification of 6-19-08 was to modify local approval to include review by the ACDPW due to the fact that Fuller Road has an improvement plan.
James Schultz, attorney for the applicant, presented the case. Mr. Schultz stated that they are seeking approval for four signs with a variance on one of the signs that is replacing an existing sign at the median on Fuller Road and Executive Park Drive. The signs will be more aesthetically pleasing and more readily visible.
Jim Sumner asked if the sign would have any effect on the Fuller Road project.
Mr. Schultz replied that it would not. Mr. Schultz stated that they would not be installing the sign until after the Fuller Road improvement plan is completed.
Chairman Barber asked Don Cropsey if he was comfortable with the size of the sign.
Don Cropsey replied that the appearance of the sign is consistent with the rest of the sign design at the plaza and the size could be warranted because of the safety factor on Fuller Road.
Chairman Barber stated that they are only considering the one sign; it is the only one that needs a variance.
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 6 – 0. (Cupoli, Cahill absent)
Chairman Barber made a motion for approval of:
Variance Request No. 4095
Request of Edward Costigan for a Variance of the regulations under the Zoning Law to permit: the replacement of an existing freestanding sign of 44.18sf (22.09sf/side) with a 79.34sf (39.67sf side) freestanding sign. A maximum of 50sf is permitted; 79.34sf is proposed, a 29.34sf variance is requested.
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by Stuyvesant Plaza, Inc.
Situated as follows: 1475 Western Avenue Albany, NY 12203
Tax Map # 52.04-2-8 Zoned: LB
This decision is granted upon the following findings of fact:
A public hearing was duly noticed and there were no written or oral comments received.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Albany County Planning Board's notification of 6-19-08 was to have the ACDPW review the application with regard to Fuller Road Improvement Plan.
The Board further notes that the sign is at the entrance to Executive Park Drive behind Stuyvesant Plaza and it is a heavily traveled area. The size of the sign will promote better visibility to the site and the sign itself is attractively designed and replaces an existing sign.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Any necessary review by the ACDPW they deem necessary with regard to the Fuller Road Improvement Plan.
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 Jim Sumner. Vote 6 – 0. (Cupoli, Cahill absent)
OTHER:
The Board approved the minutes of 5/21/08 and 6/18/08 with modifications.
SIGNS:
The Board approved the other three signs submitted by Stuyvesant Plaza. Vote 6 – 0.
The Board approved a temporary banner for Robinsons Hardware for two weeks. Vote 6 – 0.
The Board approved a 20sf sign for Guilderland Martial Arts at 2563 Western Avenue. Vote 6 – 0.
The Board approved a temporary banner for Grace Baptist Church for two weeks. Vote 6 – 0.
The Board approved a face replacement for Fifis at 1811 Western Avenue. Vote 6 – 0.
The meeting adjourned at 10:15pm.
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