TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
MARCH 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 KEVIN RELYEA – 3637 CARMAN 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:
Amend Special Use Permit #12-90/Request No. 4128
Request of Kevin Relyea for an amendment to Special Use Permit #12-90 under the Zoning Law to permit: the use of 880sf of space, formerly occupied as a retail liquor store, as a card and gift shop.
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 4th of March, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 13, 2009"
The file consists of the mailing list to 48 neighboring property owners, the Town's required forms for a special use permit along with a Short Environmental Assessment Form for an Unlisted Action, Albany County Planning Board's notification of 2-19-09, the Town Planners comments, the Town Planning Board's site plan review of 2-11-09, a narrative, a copy of the existing special use permit and a lease for the premises.
Albany County Planning Board's notification of 2-19-09 was to defer to local consideration.
The Town Planner had the following comments: "The applicant is requesting a special use permit to use 880 sf of the former Wine and Liquor store for a card and gift shop. No site changes are proposed. No planning objections."
The Town Planning Board's site plan review of 2-11-09 was to recommend without any suggestions or conditions.
Kevin Relyea, applicant, presented the case. Mr. Relyea stated that this card shop would occupy the second half of the former Wine and Liquor store, approximately 880sf.
Chairman Barber stated that this would be returning the building to what it used to be, two tenants.
Chairman Barber stated that there would be adequate parking.
Chairman Barber asked if there were any questions or comments from the residents. 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 to allow the use of this space for a card and gift shop would have a significant impact upon the environment. The Board moves that a negative declaration should be issued based upon the fact that this is an existing small strip mall and there are no parking concerns." Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Amend Special Use Permit #12-90/Request No. 4128
Request of Kevin Relyea for an amendment to Special Use Permit #12-90 under the Zoning Law to permit: the use of 880sf of space, formerly occupied as a retail liquor store, as a card and gift shop.
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
The Board makes the following findings of fact:
A public hearing was duly noticed and held and no residents provided either written or oral comments regarding 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 recommendation was to defer to local consideration.
The Town Planning Board recommended without any comments or suggestions.
The Town Planner had no objections to the request.
The Board further finds that the proposed use is a permitted use in a General Business zone.
The Board recently granted a special use permit for a home improvement showroom for this site and this small plaza is preexisting and no parking variance is required. The applicant has satisfied the requirements for a special use permit.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted.
Snow removal shall be handled on site or trucked off site to maintain the required parking spaces.
The hours of operation shall be as set forth in the application which are Monday – Friday from 9am to 7pm and Saturday from 9am to 5pm with no hours on Sunday.
Continued adherence to the existing special use permit except as modified by this decision.
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 THOMAS DARBY – 1 CROSSGATES MALL ROAD
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 4129
Request of Thomas Darby for a Variance of the regulations under the Zoning Law to permit: the placement of three building mounted signs on the façade of an existing anchor store building at the Crossgates Mall. Variances are requested for the following: 1) to allow three signs. A maximum of two signs are permitted and 2) to allow aggregate sign area to exceed 50sf. 1119+/-sf is proposed; a variance of 1069+/-sf is requested.
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by Crossgates Mall Company LP
Situated as follows: 1 Crossgates Mall Road Albany, NY 12203
Tax Map # 52.01-1-4.5 Zoned: GB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 4th of March, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 17, 2009"
The file consists of the mailing list to 29 neighboring property owners, the Town's required forms for an area variance, the Albany County Planning Board's recommendation of 2-19-09, a narrative, a depiction of where the signs will be located near the three entrances and depictions of the signs that Dicks Sporting Goods wishes to install.
Albany County Planning Board's recommendation of 2-19-09 was to defer to local consideration.
Terri Walsh, General Manager of Crossgates Mall presented the case. Ms. Walsh stated that Dick's Sporting Goods will be moving to the former Lord & Taylor space in the mall. Ms. Walsh stated that this store would be two floors and submitted photos to the Board. Ms. Walsh stated that they are looking for a sign on each of the faces of the building and stated that the former Lord and Taylor store had 1050sf of signage. Ms. Walsh stated that this store has been vacant for over four years and are anxious for Dick's Sporting Goods to move into this space.
There was discussion regarding the interior signage.
Chairman Barber stated that the signs would direct customers to the entrances of Dick's Sporting Goods at times when the rest of the mall might not be open.
Ms. Walsh stated that was correct, the anchor stores at the mall sometimes are open longer hours than the mall is.
Chairman Barber asked how large the Standard sign was.
Ms. Walsh replied that she believed it was 397sf.
Chairman Barber stated that this sign was quite comparable to the Standard sign.
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 for approval of:
Variance Request No. 4129
Request of Thomas Darby for a Variance of the regulations under the Zoning Law to permit: the placement of three building mounted signs on the façade of an existing anchor store building at the Crossgates Mall. Variances are requested for the following: 1) to allow three signs. A maximum of two signs are permitted and 2) to allow aggregate sign area to exceed 50sf. 1119+/-sf is proposed; a variance of 1069+/-sf is requested.
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by Crossgates Mall Company LP
Situated as follows: 1 Crossgates Mall Road Albany, NY 12203
Tax Map # 52.01-1-4.5 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 deferred to local consideration.
The Town Planning Board's review was not required.
The Board further finds that the proposed signs relate to the relocation of Dick's Sporting Goods from one location at the mall to a new location, formerly occupied by Lord & Taylor.
As for the number of signs, the relocated store will have three sides with two exterior entrances and the Board has as a general rule granted variances from the number of signs when appropriate, and under these circumstances it does seem appropriate for the size of the store and the fact that it does have three distinct sides.
As for the size of the sign, the Board finds that the signs will be located on the three sides; each of the new signs will be approximately 372sf and replace Lord & Taylor signs which measured approximately 350sf.
The building is located 250' from the ring road and quite a distance from any residential property.
The Board finds that the signage will not alter the character of the neighborhood and will assist in drawing the public attention to the exterior entrance of the new location of the store.
In granting this request, the Board imposes the following conditions:
Adherence to the plan as submitted by the applicant.
If the 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.
MATTER OF GHULAM BALOCH – 6419 ZORN ROAD
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 Article IV of the Zoning Law on the following proposition:
Finding/Appeal No. 4130
Request of Ghulam Baloch for a Finding by the Zoning Board of Appeals to: allow for the expansion of an existing nonconforming single-family home. Proposed expansion will entail the enlargement of a second story to accommodate additional living area.
Per Article IV Section A(1)
For property owned by Farhat N. Baloch
Situated as follows: 6419 Zorn Road Albany, NY 12203
Tax Map # 52.18-1-26 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 4th of March, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: February 24, 2009"
The file consists of the mailing list to 30 neighboring property owners, the forms for an area variance, a brief project narrative, depictions of the proposed renovation, a report regarding the fire damage to the property on 8/09/08 and photos of the existing home.
Ghulam Baloch, applicant, presented the case. Mr. Baloch stated that his house sustained fire damage on 8/9/08 and it took them six or seven months to settle everything with the insurance company. Mr. Baloch stated that since they were fixing the fire damage, they thought they would do some renovations to the upstairs of the house. Mr. Baloch stated that he submitted a building permit for the renovations and was informed that the building was nonconforming.
Chairman Barber stated that it is a preexisting structure and is nonconforming. Chairman Barber stated that this was subdivided back in 1948 and the house was cited there at a time that the subdivision was granted. Chairman Barber stated that it has been nonconforming for about 60 years.
Chairman Barber asked about the waiver for the fee for the building permit.
Mr. Baloch stated that originally they got a waiver but then later on Don Cropsey stated that they were doing substantial work other than the fire damage so they did pay a portion of the fee.
Chairman Barber stated that this seems to be fairly straightforward. Chairman Barber stated that this is not a use that is nonconforming, it is the structure that is nonconforming.
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 for approval of:
Finding/Appeal No. 4130
Request of Ghulam Baloch for a Finding by the Zoning Board of Appeals to:
allow for the expansion of an existing nonconforming single-family home. Proposed expansion will entail the enlargement of a second story to accommodate additional living area.
Per Article IV Section A(1)
For property owned by Farhat N. Baloch
Situated as follows: 6419 Zorn Road Albany, NY 12203
Tax Map # 52.18-1-26 Zoned: R15
The Board further finds that a public hearing was duly noticed. No residents provided either written or oral comments regarding the application.
No review was provided by the Town Planning Board or the Town Planner.
The Board further finds that the existing house is a nonconforming structure which is located on a lot which apparently was created by a subdivision in 1948 although there also appears to be a minor adjustment in 1995 for a lot line adjustment.
The existing house was damaged by fire and has required some renovation of the fire damage but it appears however the substantial amount of the work is unrelated to the fire and is an expansion of the home for this family.
The Town Board did provide the applicant with a waiver for the fee for the building permit with regards to the fire damage and the Building Inspector has advised that the renovation will bring the property into greater compliance with the building and fire code.
Based upon these facts, the Zoning Board finds that this prior nonconforming residential structure complies with the provisions under Section 280-31A1 for the continuance of a nonconforming structure in a residential zone.
In rendering this finding, the Board imposes the following conditions:
Adherence to the plans as submitted and any additional requirements which may be required by the Building Department.
Motion seconded by Sharon Cupoli. Vote 7 –0.
OTHER:
The Board approved the minutes of 1-7-09, 1-21-09 and 2-4-09.
SIGNS:
The Board approved a 72sf sign for Con-Rel/Our Lady of Grace at 3637 Carman Road. Vote 7 – 0.
The Board approved two freestanding identification signs for Store Away on Wagner Road for a total of 31sf. Don Cropsey shall work with the applicant regarding appropriate landscaping and the foundation. Vote 7 – 0.
The Board approved a 30sf building mounted identification sign for Prudential Manor Homes at 2301 Western Avenue condition upon Don Cropsey taking a look at the illumination of the sign. Vote 7 – 0.
The Board approved a 48sf building mounted identification sign for Pure Beauty located at 1726 Western Avenue. Vote 6-1.
The Board continued a sign application for National Development Company at 1828 Western Avenue to let Don Cropsey work with the applicant regarding the size and the content. Vote 7 – 0.
The Board denied a temporary banner request for Little Caesars Pizza at 1800 Western Avenue. Vote 7 – 0.
The meeting adjourned at 8:40pm.
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