TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
FEBRUARY 4, 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.
MATTER OF NATIONAL DEV. COMPANY – 1828 WESTERN AVENUE
Chairman Barber stated that this was a continued case to enable the property owners of 1828 Western Avenue and 1830 Western Avenue to obtain if they desired an agreement regarding the parking and/or access to the property. Chairman Barber stated that the Zoning Board is not requiring the agreement, but rather giving the property owners a chance to obtain one if they so desire.
Paul Scioccetti, attorney for National Development, stated that they had not obtained an agreement at this point.
Rich Reilly, attorney for the property owners of 1830 Western Avenue stated that his clients do not oppose the special use permit but their only and primary concern is that any approval not undermine or in any way call into question their right of access across 1828 Western Avenue to Palma Blvd.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 7 – 0.
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board had conducted a careful review of this application to determine whether the granting of this amendment to a special use permit to allow a real estate office at 1828 Western Avenue and also the waiver for the requirement for the sidewalk would have a significant impact upon the environment. This Board has considered the application this evening and the comments provided to the Board by the Albany County Planning Board, the Town Planning Board, the Town Planner and also review of the prior special use permit for this property. Based upon that review, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 – 0.
Chairman Barber made the following motion:
"I make this motion to grant the application by National Development Company, LLC, to amend Special Use Permit 44-95, to allow a real estate office at 1828 Western Avenue, and to grant the continued waiver for the required sidewalk on Route 20. The property is zoned Business Not-Retail Professional.
In rendering this decision, the Board makes the following findings of fact:
1. Public notice was published and supplemented by a mailing to nearby property owners. A public hearing was held on January 7, 2009, and continued to this evening. The adjacent property owner at 1830 Western Avenue expressed concerns regarding the existing ingress and egress across the applicant’s property to Palma Boulevard.
2. This is an Unlisted Action under SEQRA. The Board adopted a negative declaration.
3. In a determination dated October 20, 2008, the Albany County Planning Board deferred to local consideration.
4. In a Site Plan Review dated December 10, 2008, the Town Planning Board recommended approval with suggestions regarding eliminating three parking spaces within the right of way on Palma Boulevard and extending the curbing and sidewalk.
5. In a memorandum dated December 30, 2008, the Town Planner had no planning objections contingent upon adequate parking.
6. The Board further finds that a real estate office is a permitted use in this zone.
7. The proposed real estate office is a less intense use than the previous dental office and the proposed parking, excluding the parking spaces on the Town’s right of way on Palma Boulevard, appear adequate. No parking variance is required.
8. Other than the proposed use, the application does not request any other amendments to the existing Special Use Permit issued in 1995.
9. The Board would not, in any event, allow the closing of the ingress and egress to Palma Boulevard for the 1830 Western Avenue property which was part of Special Use Permit No. 44-95. Attached to the application is survey dated June 4, 2008, which is certified to the applicant. This survey predates the applicant’s acquiring of title to the property on June 9, 2008. For 1830 Western Avenue, the survey notes: “REAR ASPHALT AREA OF 1830 WESTERN AVE. GAINS ACCESS THROUGH 1828 WESTERN AVENUE FROM PALMA BOULEVARD.” For 1828 Western Avenue, the survey notes the existence of a “RIGHT OF WAY”
10. This survey is consistent with the special use permits issued for this property and the adjacent property for the past 14 years. In November 1995, the owners of 1828 and 1830 Western Avenue submitted a joint application for both properties. In a determination dated November 15, 1995, the Albany County Planning Board recommended:
Disapprove without prejudice recommending resubmittal with removal of access to SR20 and removal of 3 parking spaces @1828 Western Avenue which exit directly to Palma Blvd. and redesign exit to Palma (25 ft. wide).
11. In its recommendation on the initial 1995 application, the Town Planner stated that access to 1830 Western Avenue should be from Palma Boulevard, and not from Western Avenue. The Emanuel Study of 1985, which examined Western Avenue, strongly encouraged the elimination of curb cuts on Western Avenue by having adjacent properties allow ingress and egress rights to streets.
12. In response to these concerns, the property owners revised their joint application. In Special Use Permit 44-95, this Board granted the application which had been amended “to provide vehicle access from 1830 Western Avenue to a controlled intersection on Route 20.”
13. In 1999, when a prior beauty salon was proposed at 1830 Western Avenue, the Town Planner noted that property has access to the traffic signal by means of crossing the parking lot at 1828 Western Avenue.
14. Board finally finds that, even though not requested in this application, that the elimination of 1828 Western Avenue's access to Palma Boulevard would create a traffic hazard in violation of 280-52(D)(1)(o), and would be inconsistent with the safety concerns expressed by this Board, the Town Planner, and the Albany County Planning Board over the past 14 years.
In rendering this decision, the Board imposes the following conditions:
(A) Adherence to the survey dated June 4, 2008, except as required by the Planning Board, the elimination of the three parking spaces on Palma Road which are in the Town’s right of way, and adding appropriate landscaping, curbing, and sidewalk.
(B) A landscaping plan shall be submitted within 30 days of this decision for this Board’s review and approval.
(C) Construction hours: Mon - Fri 8AM - 5PM; Sat 9AM-5PM; Sun: None
(D) Snow removal shall be handled on site or trucked off to maintain required parking spaces.
(E) Continued adherence to Special Use Permit 44-95, except as amended by this decision.
(F) As stated in the application, no retail or other businesses will be conducted. No outdoor storage or use of the parking area for any other use, including no parking of vehicles used in off-site businesses.
(G) All lighting shall a cut-off type fixture, with no spillage onto adjacent properties or roadways.
(H) No parking on Palma Boulevard due to the parcel’s proximity to Route 20.
(I) As with neighboring properties, the sidewalk requirement for Route 20 is waived due to the topography and the location of a Town water main.
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 issuance, it shall become null and void and revoked in its entirety.
Motion seconded by Sharon Cupoli. Vote 7 – 0.
OTHER:
The Board approved a temporary sign for Rhoades Service Center at 1904 Western Avenue until July 1, 2009. Vote 7 – 0.
The Board approved a 30sf face replacement for Capital District Construction at 3637 Carman Road. Vote 7 – 0.
The meeting adjourned at 7:50pm.
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