TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JANUARY 21, 2009
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.
Chairman Barber stated that the case of National Development Company has been postponed.
MATTER OF CHRISTINA SMITH – 7145 FULLER STATION 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 III & V of the Zoning Law on the following proposition:
Variance Request No. 4122
Request of Christina Smith for a Variance of the regulations under the Zoning Law to permit: the placement of a 7' x 7' storage shed within a side yard.
Per Articles III & V Sections 280-34 & 280-51 respectively
For property owned by Christina Smith
Situated as follows: 7145 Fuller Station Road Schenectady, NY 12303
Tax Map # 15.18-3-13 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of January, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: December 17, 2008"
The public file consists of the mailing list to 21 neighboring property owners, the Town's required forms for an area variance, the Town Planner's comments, a narrative and a survey which shows the location of the shed in the side yard.
The Town Planner had the following comments: "The applicant has requested an area variance to place a shed in a required side yard. No planning objections."
Christina Smith, applicant, presented the case.
Chairman Barber stated that the case seemed rather straightforward. Chairman Barber stated that Ms. Smith's neighbor had quite a bit of landscaping on the side with the shed.
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 for approval of:
Variance Request No. 4122
Request of Christina Smith for a Variance of the regulations under the Zoning Law to permit: the placement of a 7' x 7' storage shed within a side yard.
Per Articles III & V Sections 280-34 & 280-51 respectively
For property owned by Christina Smith
Situated as follows: 7145 Fuller Station Road Schenectady, NY 12303
Tax Map # 15.18-3-13 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 neighboring property owners. One neighbor had no objection to the request.
The Town Planner had no planning objections.
The Board further finds that relocating the shed to the rear of the side yard will greatly reduce its visibility. The neighboring properties are vacant and do not appear to have any negative impacts upon the neighborhood.
In granting this decision, the Board imposes the following conditions:
The shed shall be relocated to the rear of the side yard as much as possible.
The Zoning Administrator is authorized to impose any additional landscaping that may be necessary at some point down the road.
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.
MATTER OF KIMBERLY SMITH – 845 GREENTHORNE BLVD.
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/Variance Request No. 4126
Request of Kimberly Smith for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the use of a portion of a single-family home for a graphic design office, a customary home occupation. A variance is requested to permit a second part-time employee.
Per Articles III & V Sections 280-14 & 280-51 & 52 respectively
For property owned by William Murphy
Situated as follows: 845 Greenthorne Blvd. Schenectady, NY 12303
Tax Map # 39.08-3-40 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of January, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: January 12, 2009"
The file consists of the mailing list to 35 neighboring property owners, the Town's required forms for a special use permit, the Town Planning Board's site plan review, the Town Planners comments, a Short Environmental Assessment Form, a letter from the residents at 833 Greenthorne Blvd. indicating that they have no objection to the request, a petition signed by 10 neighboring property owners not having any objection to the request, a floor plan and a site plan of the residence.
The Town Planning Board's site plan review was to recommend without any suggestions or conditions.
The Town Planner had the following comments: "The applicant is requesting a special use permit so she can use a portion of her home as an office for her free lance design business. The business employs two part-time people and the majority of the business is conducted off site or through electronic means. There is ample parking on site. No planning objections."
Kimberly Smith, applicant, presented the case. Ms. Smith stated that she designs advertisements mostly with logos and brochures for people. Ms. Smith stated that most of her work is done over the computer; she has two part-time employees, one is administrative bookkeeping and the other is a freelance designer who comes in occasionally for overflow work. Ms. Smith stated that both of her employees do have cars and they do park in her driveway.
Chairman Barber asked if the two employees were there at the same time.
Ms. Smith replied that occasionally they are there at the same time. Ms. Smith stated that the one employee works 20 hours a week and the other one comes in up to 8 hours a week.
Chairman Barber asked Ms. Smith if she had been in operation for a while.
Ms. Smith replied that she has been working out of her home for some time.
Chairman Barber asked if there were any questions from the residents.
Rob Baestlein of 841 Greenthorne Blvd. stated that he did not have a problem with the business operating out of their house but did have some concerns. Mr. Baestlein stated that there was increased parking on the street, increased foot traffic in and out of the house, daily deliveries and the possibility of future employees.
Chairman Barber replied that if there are any violations beyond which are permitted for a customary home occupation, it is a zoning concern and would be handled by Rodger Stone.
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 review of this application to determine whether the granting of a customary home occupation for the property located at 845 Greenthorne Blvd. would have a significant impact upon the environment. This review consisted of the comments provided by the Town Planner as well as the Town Planning Board and also the conducting of this public hearing. The Board finds that a customary home occupation that is conducted consistent with the code requirements would not have a significant impact upon the environment and that a negative declaration under SEQRA should issue." Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 4126
Request of Kimberly Smith for a Variance of the regulations/Special Use Permit under the Zoning Law to permit: the use of a portion of a single-family home for a graphic design office, a customary home occupation. A variance is requested to permit a second part-time employee.
Per Articles III & V Sections 280-14 & 280-51 & 52 respectively
For property owned by William Murphy
Situated as follows: 845 Greenthorne Blvd. Schenectady, NY 12303
Tax Map # 39.08-3-40 Zoned: R20
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and one resident provided comments regarding this application and 12 residents provided written comments in support of the application.
This is an Unlisted Action under SEQRA and the Board adopted a negative declaration by a unanimous vote.
The Town Planning Board and the Town Planner had no objections to the granting of the request.
The Board finds that a customary home occupation is a permitted use in this residential zone and other than the number of employees the proposed use appears to meet all of the requirements for a home occupation as set forth in the application.
While the number of employees exceeds the number allowed the application states that both of the employees are part time and their combined work time would not exceed that of one full time employee.
In granting this decision, the Board imposes the following conditions:
The hours of operation shall be 9am to 5pm from Monday – Friday.
Continued adherence with the requirements of the customary home occupation including all of its definitions.
The Board reserves the right to revisit this permit and impose additional conditions if the use impacts the neighborhood.
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 CON-REL REALTY – 3637 CARMAN ROAD
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:
Amend Special Use Permit #12-90/Request No. 4127
Request of Kevin Relyea for an amendment to Special Use Permit #12-90 under the Zoning Law to permit: the use of 950sf of space, formerly occupied as a retail liquor store, as a retail home improvement showroom.
Per Articles III & V Sections 280-21 & 280-52 respectively
For property owned by Con-Rel Realty
Situated as follows: 3637 Carman Road Schenectady, NY 12303
Tax Map # 27.11-1-24.2 Zoned: GB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21st of January, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: January 13, 2009"
The file consists of the mailing list to 49 neighboring property owners, the Town's required forms for a special use permit along with the Short Environmental Assessment Form, the Town Planning Board's site plan review, the Town Planners comments, a narrative, site plan, the previous special use permit and a lease for the premises.
The Town Planning Board's site plan review was to recommend without any suggestions or conditions.
The Town Planner had the following comments: "The applicant is requesting a special use permit to use 950sf of space for a home improvement showroom. The building was formerly occupied by Carman Wine & Liquor. No site plan changes are proposed. No planning objections to the change in tenant."
Kevin Relyea, owner of Con-Rel Realty, presented the case. Mr. Relyea stated that they are looking to divide the space that was once Carman and Wine and Liquor into two separate spaces. Mr. Relyea stated that this would be a showroom for windows, siding, etc.
Chairman Barber stated that this is a showroom.
Mr. Relyea stated that was correct, it would be very low key and would not have a lot of storage of materials there. Mr. Relyea stated that the products ordered would then be delivered to the job site.
Chairman Barber asked if there would be any retail.
Mr. Relyea replied that it would be only sample materials in the showroom.
Chairman Barber asked about the parking.
Mr. Relyea stated that he believed that there were approximately 33 parking spaces, and the parking should be sufficient.
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 review of this application to determine whether the granting of a special use permit for a retail home improvement showroom located at 3637 Carman Road would have a significant impact upon the environment. This review consisted of the comments provided by the Albany County Planning Board, the Town Planner as well as the Town Planning Board and also the conducting of this public hearing. The Board finds that the granting of this request for a business located at this address in a General Business zone would not have a significant impact upon the environment and that a negative declaration under SEQRA should issue." Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Amend Special Use Permit #12-90/Request No. 4127
Request of Kevin Relyea for an amendment to Special Use Permit #12-90 under the Zoning Law to permit: the use of 950sf of space, formerly occupied as a retail liquor store, as a retail home improvement showroom.
Per Articles III & V Sections 280-21 & 280-52 respectively
For property owned by Con-Rel Realty
Situated as follows: 3637 Carman Road Schenectady, NY 12303
Tax Map # 27.11-1-24.2 Zoned: GB
In rendering this decision, the Board finds the following facts:
A public hearing was duly noticed and supplemented by mailings to neighboring property owners. No residents provided either written or oral comments regarding the application.
The Board adopted a negative declaration by a unanimous vote.
Albany County Planning Board's recommendation was to defer to local consideration.
The Town Planning Board and the Town Planner had no objections to the proposal.
The Board further finds that this is a GB zone and this is an allowed use in that zone.
The proposed use will occupy roughly ½ of the building.
The site conditions are preexisting and previously approved by the Board.
There is adequate parking for the intended use.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The hours of operation shall be as set forth in the application, which are Monday – Friday from 9am to 5pm, Saturday from 9am to 3pm, and the business will be closed on Sunday.
Snow removal shall be handled on site or trucked off site to maintain any required parking spaces.
Any outside storage or display of items shall first be approved by the Zoning Board.
Adherence to the prior special use permits for this property except as modified by this approval.
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.
OTHER:
The Board approved a 25sf sign for The Foot Specialist at 5 New Karner Road. Vote 7 – 0.
The Board approved a temporary banner for Dr. Daniel Arenos at 2093 Western Avenue for an additional 30 days. Vote 7 – 0.
The meeting adjourned at 8:05pm.
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