TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
DECEMBER 3, 2008
Members Present:
Peter Barber, Chairman
Charles Cahill, Alternate
Susan Macri
Allen Maikels
Mike Marcantonio
Tom Remmert
James Sumner
Robert Feller, Counsel
Members Absent: Sharon Cupoli
Chairman Barber opened the meeting and pointed out the emergency exits in the event they were needed.
CONTINUED CASES:
MATTER OF JAMES SINKINS – 7060 SUZANNE LANE
Chairman Barber stated this is an application for a variance to allow the continued placement of a satellite dish antenna on his front lawn. The Direct TV installer had determined that placing the dish on the roof was not an adequate location because reception would be impaired by a large tree, which does not belong to Mr. Sinkins.
Chairman Barber stated that at the last hearing two weeks ago, the case was continued to see if Don Cropsey could obtain more information from Direct TV that would further support an e-mail that he had received saying that the dish could not be located on the roof because of the large tree. Chairman Barber stated that Mr. Cropsey had contacted the technical supervisor two additional times and still had not received any more information.
Chairman Barber asked if there were any questions or comments from the residents.
David Michela of 7066 Suzanne Lane stated that if mitigation were to take place he requested that the mitigation be done in a timely manner to the satisfaction of the Town Building Department and the Neighborhood Association.
Chairman Barber replied that the ZBA could not impose an unreasonable cost on the applicant so there would be a reasonable mitigation and time frame. Chairman Barber stated that Don Cropsey would be overseeing the mitigation and make sure that it is maintained.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
Chairman Barber stated that one option would be to condition the approval upon appropriate landscaping; working with Don Cropsey and also with the neighbors but also continue to try and get Direct TV to provide the Town with the documentation requested. If that documentation shows that the dish can be placed on the roof, then it will be placed on the roof and the variance would be terminated.
Chairman Barber made a motion for approval of:
Variance Request No. 4112
Request of James Sinkins for a Variance of the regulations under the Zoning Law to permit: the placement of a television dish antenna in a required front yard.
Per Articles IV & V Sections 280-34 & 280-51 respectively
For property owned by James Sinkins
Situated as follows: 7060 Suzanne Lane Schenectady, NY 12303
Tax Map # 40.05-1-17.1 Zoned: TH
In rendering this decision, the Board finds the following facts:
A public hearing was duly noticed and held on September 17, November 19, and December 3, 2008.
At that time, the applicant advised the Board that the installation cost would be the same whether it is on the roof or on the ground. It was not the applicant's choice to put the dish antenna on the ground, it was that of the installer who had determined that installation on the roof would not provide an adequate signal. Therefore, the best and only location for the dish was on the front lawn.
Several residents have expressed concerns regarding the antenna's impacts upon both the aesthetics of the neighborhood and also on the view from their properties.
The Board also further understands that our consideration of this application is impacted upon by the Telecommunications Act of 1996 which preempts local zoning which impairs the installation of direct-to-home satellite antennas. A restriction impairs installation if it unreasonably delays or unreasonably increases the cost of installation or precludes reception of an acceptable quality signal. In our attempt to balance the neighbors concerns and also mindful of the Telecommunications Act which restricts local government action, this Board has asked for documentation on a number of occasions explaining why an acceptable quality signal could not be obtained by placing the dish on the roof. Mr. Cropsey also checked with the neighbors to determine whether landscaping to buffer the view of the antenna would be sufficient.
An e-mail was received on October 21, 2008 from the technical supervisor of Direct TV stating that the only acceptable location for the antenna was on a pole in the front yard and not on the roof due to the large tree. However, no technical information was provided and Mr. Cropsey has asked for this information on a number of occasions and has not received any response from Direct TV.
Under the Telecommunications Act of 1996 this Board is able to impose mitigating conditions such as landscaping as long as it does not unreasonably increase the cost of obtaining satellite service. While landscaping will not answer all the concerns of the neighbors, I think it will address some of the concerns raised. The applicant has been very gracious and offered to work with Don Cropsey and the neighbors on installing reasonable appropriate landscaping as long as it does not affect the satellite reception. The installation of the landscaping will not occur until spring so we then have an opportunity to take some additional steps between now and then.
Chairman Barber made a motion to grant the variance with the condition that the applicant install no later then May 1, 2009 reasonable landscaping as deemed appropriate by Don Cropsey to screen the antenna as much as possible from neighboring properties. The landscaping cannot impact the quality of the reception.
However, as an additional condition during this intervening 6 months every effort should be taken to get information from Direct TV and if it is determined that an acceptable quality signal could be obtained from a roof installation then this variance shall terminate and Direct TV shall at no cost to the applicant relocate the antenna to the roof.
Motion seconded by Sue Macri. Vote 6 – 0. (Cupoli absent, Cahill alternate, Maikels abstained)
MATTER OF DAVID MEIXNER – 12 DUTCH HILL TERRACE
Charlie Cahill 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. 4120
Request of David Meixner for a Variance of the regulations under the Zoning Law to permit: the construction of a 12' x 17' enclosed porch to connect a detached garage to an existing single-family home. A rear yard variance is requested; a 50' rear yard setback is required, 37' is provided, a 13' variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by David Meixner
Situated as follows: 12 Dutch Hill Terrace Voorheesville, NY 12186
Tax Map # 62.00-1-24.2 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of December, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: November 25, 2008"
The file consists of the mailing list to 26 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, Albany County Planning Board's notification of 11-10-2008, a narrative, a site plan and communication from two neighboring property owners saying they have no objections to the request.
Albany County Planning Board's notification of 11-10-2008 was to defer to local consideration.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct an enclosure to an existing garage. No planning objections."
Mike Davis, representing the applicant, presented the case. Mr. Davis stated that it is an unusual case. Mr. Davis stated that Dutch Hill Terrace is a cul-de-sac which backs up on State Farm Road and the subdivision map which was incorrect shows a 35' rear setback, but a 50' setback is actually required. Mr. Davis stated that Mr. Meixner needed more garage space and for convenience he is looking to connect the house and the garage with an enclosed porch. Mr. Davis stated that after the application was submitted his framers did put the top on but Mr. Meixner stopped them before they went any further.
Mr. Davis stated that by connecting the buildings, it encroached into the setback.
There was discussion regarding the original subdivision map and the 35' setback.
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. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4120
Request of David Meixner for a Variance of the regulations under the Zoning Law to permit: the construction of a 12' x 17' enclosed porch to connect a detached garage to an existing single-family home. A rear yard variance is requested; a 50' rear yard setback is required, 37' is provided, a 13' variance is requested.
Per Articles III & V Sections 280-14 & 280-51 respectively
For property owned by David Meixner
Situated as follows: 12 Dutch Hill Terrace Voorheesville, NY 12186
Tax Map # 62.00-1-24.2 Zoned: R20
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 at the public hearing but letters were received from the neighbors at 6 and 10 Dutch Hill Terrace stating that they had no objection to the variance.
This is a Type II Action under SEQRA, not requiring SEQRA review.
Albany County Planning Board's notification of 11-20-08 was to defer to local consideration.
The Town Planner had no objections.
The Board further finds that the subdivision map actually shows a 35' rear yard setback, however the code requires a 50' rear yard setback.
The property backs up onto State Farm Road and involves connecting an existing house to a garage by means of an enclosed porch.
The granting of this variance 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 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 Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
MATTER OF JENNIFER MCCLAINE – 2093 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. 4121
Request of Jennifer McClaine for a Special Use Permit under the Zoning Law to permit: the conversion of an existing lower level; 2700sf of space, formerly occupied by a martial arts studio to a doctors office. 44 parking spaces are provided.
Per Articles III & V Sections 280-19 & 280-52 respectively
For property owned by Yelnah Realty
Situated as follows: 2093 Western Avenue Guilderland, NY 12084
Tax Map # 51.02-1-17 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of December, 2008 at the Guilderland Town Hall beginning at 7:30pm.
Dated: November 25, 2008"
The file consists of the mailing list to 17 neighboring property owners, the Town's required forms for a Special Use Permit, a Short Environmental Assessment Form for this Unlisted Action, a brief narrative, diagrams of the space within the building, the Town Planners comments, Albany County Planning Board's recommendation of 11-20-08, the Town Planning Board's site plan review, a lease agreement and some maps that show the property.
The Town Planner had the following comments: "The applicant is requesting a special use permit to use the lower floor of an existing structure for a medical practice. No site plan changes are proposed. Originally this building was fully utilized for medical purposes when the Women's Health Care owned it. No planning objection contingent on the Board determining that there is adequate parking for both the practice and the salon."
Albany County Planning Board's recommendation of 11-20-08 was to defer to local consideration.
The Town Planning Board's site plan review was to recommend without any suggestions or conditions.
Jennifer McClaine and Dr. Daniel Arenos presented the case.
Chairman Barber stated that this seems rather straightforward. Chairman Barber asked if they thought there was adequate parking on site.
Dr. Arenos replied that he was.
Chairman Barber asked about the restriping of the parking lot.
Don Cropsey replied that after restriping they were able to get more parking spaces – 49.
Chairman Barber asked about any previous variances for parking.
Don Cropsey replied that there was variance in place for parking for the previous tenants.
Chairman Barber asked what the hours of operation would be.
Dr. Arenos stated that they would be from 8am to 7pm from Monday to Friday with some possibility of Saturday hours down the line.
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. (Cupoli absent, Cahill alternate)
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 this special use permit for a family medical practice located at 2093 Western Avenue would have a significant negative impact upon the environment. This review consisted of the comments provided by the Town Planner, the Town Planning Board and the Albany County Planning Board. The Board also notes that this property has been previously used years ago by a medical office building that occupied the entire premises and is a permitted use in the zone. Therefore I move that a negative declaration under be SEQRA be issued." Motion seconded by Al Maikels. Vote 7 – 0. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4121
Request of Jennifer McClaine for a Special Use Permit under the Zoning Law to permit: the conversion of an existing lower level; 2700sf of space, formerly occupied by a martial arts studio to a doctors office. 44 parking spaces are provided.
Per Articles III & V Sections 280-19 & 280-52 respectively
For property owned by Yelnah Realty
Situated as follows: 2093 Western Avenue Guilderland, NY 12084
Tax Map # 51.02-1-17 Zoned: BNRP
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 an Unlisted Action under SEQRA and this Board adopted a negative declaration under SEQRA by a unanimous vote.
Albany County Planning Board's recommendation of 11-20-08 was to defer to local consideration.
The Town Planning Board's site plan review was to recommend without any suggestions or conditions.
The Town Planner had no planning objections contingent upon the ZBA reviewing the parking at the site.
The Board further finds that no site plan changes are proposed and the proposed use as a medical office is a permitted use in a BNRP zone.
This entire building was at one point entirely occupied by a medical office. The only issue is the parking however no parking variance is requested or required. There is a preexisting parking variance for this property. The parking lot was recently restriped and resulted in seven additional parking spaces leaving 49 available on site.
The conditions for a special use permit have been satisfied.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Snow removal shall be trucked off site in order to obtain the maximum number of parking spaces.
The hours of operation shall be Monday – Saturday between 8am and 7pm.
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 Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
SIGNS:
The Board approved a 12sf permanent freestanding identification for 5870 Gardner Road condition upon the submission of a colored rendering. Vote 7 – 0. (Cupoli absent, Cahill alternate)
The Board approved a 50sf permanent freestanding identification sign for 2113 Western Avenue condition that the sign be placed at least 20' off of the property line. Vote 7 – 0. (Cupoli absent, Cahill alternate)
OTHER:
The Board approved the minutes of 11-5-08 with modifications.
The meeting adjourned at 8:10pm.
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