TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
MARCH 18, 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 GERARD BIANCHI – 3071 LYDIUS STREET
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:
Variance Request No. 4131
Request of Gerard Bianchi for a Variance of the regulations under the Zoning Law to permit: the construction of a 27' wide x 38' deep single-story attached two-car garage in a required side yard. A 15' side yard setback is required; 12' is proposed, a 3' variance is requested.
Per Articles III & V Sections 280-14 & 280-51
For property owned by Gerard Bianchi
Situated as follows: 3071 East Lydius Street Schenectady, NY 12303
Tax Map # 15.14-5-5 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of March, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 9, 2009"
The file consists of the mailing list to 40 neighboring property owners, the Town's required forms for an area variance, a brief narrative, the Town Planners comments, a letter from the residents at 3067 E. Lydius indicating that they have no objections to the request, and plans that show both the existing garage and the new garage.
The Town Planner had the following comments: "The applicant has requested an area variance to construct an attached garage that will encroach 3' into the required side yard setback. No planning objections."
Gerard Bianchi, applicant, presented the case.
Chairman Barber stated that there is already blacktop there that would lead to the new garage.
Mr. Bianchi stated that was correct; there would be no more pavement installed.
Chairman Barber stated that the most affected neighbors had no concerns with the new garage.
Chairman Barber asked about landscaping.
Mr. Bianchi replied that he would plant some trees on the other side.
Chairman Barber stated that it is a relatively minor variance and there are other houses in the area that have two car garages, so he does not see a problem granting the 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 7 – 0.
Chairman Barber stated that this is a Type II Action under SEQRA, not requiring SEQRA review.
Chairman Barber made a motion for approval of:
Variance Request No. 4131
Request of Gerard Bianchi for a Variance of the regulations under the Zoning Law to permit: the construction of a 27' wide x 38' deep single-story attached two-car garage in a required side yard. A 15' side yard setback is required; 12' is proposed, a 3' variance is requested.
Per Articles III & V Sections 280-14 & 280-51
For property owned by Gerard Bianchi
Situated as follows: 3071 East Lydius Street Schenectady, NY 12303
Tax Map # 15.14-5-5 Zoned: R15
The Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. One resident provided written comment stating that they had no objection to the proposal.
The Town Planner had no planning objections.
The proposed two-car garage will replace an existing one-car garage.
The adjacent neighbor had no objections to this request.
The proposed garage will match the existing structure.
There are other houses in the neighborhood that have two car garages and therefore the granting of this variance is consistent with the character of the neighborhood.
In granting this variance, the Board imposes the following conditions:
Adherence to the plans as submitted.
The construction hours shall be as follows: Monday – Friday from 8am to 5pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
The applicant shall work with the Zoning Administrator on any installation of landscaping that may be required.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement his 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 GARY WARNKEN – 107 VAN PATTEN LANE
Allen 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. 4133
Request of Gary Warnken for a Special Use Permit under the Zoning Law to permit: the use of a portion of a single-family home as a customary home occupation.
Per Articles III & V Sections 280-14 & 280-52
For property owned by Gary Warnken
Situated as follows: 107 Van Patten Lane Albany, NY 12203
Tax Map # 52.09-3-15 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of March, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 9, 2009"
The file consists of the mailing list to 53 neighboring property owners, the Town's required forms for a special use permit, a brief narrative, a Short Environmental Assessment form for this Unlisted Action, the Town Planners comments, a survey of the property, the Town Planning Board's site plan review, a depiction of the Warnken residence, a petition requesting the Board to disapprove the customary home occupation signed by 12 neighboring property owners, an extensive objection urging disapproval by the property owner at 31 Willey Street with attachments and the minutes of the ZBA meeting of 2/15/06 where the ZBA granted an area variance for the accessory storage structure.
The Town Planning Board's site plan review was to recommend with the following suggestions: "The employee parking be shielded from view of neighbors, the lighting on the garage should not spill over to neighboring property and consider planting trees in the front of the garage to better screen view from neighbors.
The Town Planner had the following comments: "The applicant has requested a special use permit to use a portion of his home as an office for the Capital Concrete, Inc. business. The application states that no customers come to the site, nor are there any deliveries. However, a neighbor has stated that commercial vehicles are stored on site and that employees park at the home and then drive the commercial vehicles to the job site.
I have no planning objections if the home is being used for an office only. However, a residential house should not be used as a staging area for a commercial business."
Kevin Lang, attorney for Gary Warnken, presented the case. Mr. Lang stated that Mr. Warnken operates a very small business; they receive mail at the residence and they use the phone. Mr. Lang stated that there are no deliveries related to the business at his residence other than mail. Mr. Lang stated that vehicles do come to the site in the morning so that the workers can carpool to the job site. The workers leave their cars in the driveway during the day and come back at the end of the day and get in their vehicles and leave. Mr. Lang replied that as far as the concern with removal of trees, it is Mr. Warnkens neighbor, not Mr. Warnken that is removing the trees. Mr. Lang submitted pictures of the property showing the house and the garage from the back and from the front of the property.
Mr. Lang stated that the garage is barely visible from street level; there is a wooden fence surrounding the back of the garage at this point. Mr. Lang stated that the garage is not being used for the business.
Chairman Barber stated that the garage was granted by the Zoning Board of Appeals because of the representation that it was being used for a residential purpose.
Chairman Barber stated that there was something going on at the property that has gotten attention of the neighbors other than just answering phones and dealing with paperwork in the house.
Chairman Barber asked Mr. Lang if he felt that the employees meeting at the house in the morning constituted a business in a residential zone.
Mr. Lang replied that he did not believe that it was. Mr. Lang stated that there are two pick up trucks that are routinely there because they are owned by the Warnkens. Mr. Lang stated that there are also a lot of friends, not employees, that drop by socially.
Chairman Barber asked where the concrete equipment is stored.
Mr. Lang replied that the concrete comes directly to the site, not to VanPatten Lane.
Chairman Barber asked what he thought the problem was then.
Mr. Lang replied that it might be the vehicles coming and going, some of them belonging to the property next to Mr. Warnken, the trees that have been cut down the lack of the fence, etc.
Chairman Barber asked if there was more than one employee outside the family.
Mr. Lang replied that he has two employees and stated that Mr. Warnken should have asked for a variance.
Chairman Barber stated that if the gathering of employees and vehicles was occurring somewhere off site, they probably would not even be here this evening.
Chairman Barber asked if there were any questions or comments from the residents.
Liesse Mohr of 56 Gipp Road had many concerns, some of which included the size of the garage, the lighting on the garage, the removal of the trees, the erosion issues due to the garage and the noise from the trucks and the employees. Ms. Mohr stated that the garage was originally built to house a camper.
Chairman Barber addressed the SEQRA issue. Chairman Barber stated that when the Board reviewed the variance for the garage in 2006, it was determined an area variance and by law an area variance is considered a Type II Action, and does not require SEQRA review.
There was discussion regarding the soil erosion on the site.
Brian Schneider of 16 Willey Street spoke on behalf of some of the neighbors, including Jon McCloskey of 31 Willey Street. Mr. Schneider voiced concerns about the size of the garage and the view from Mr. McCloskey's house.
Chairman Barber asked if he was aware of any activity taking place at the garage.
Mr. Schneider replied that he is out of town most of the time. Mr. Schneider had concerns about storage of equipment in the garage and the possibility of the business expanding.
Robert Adams of 111 Van Patten Lane stated that he had removed trees on his property, some of them damaged from the ice storm. Mr. Adams stated that he did not have any concerns with Mr. Warnken.
Jim Sumner asked what kind of vehicles were on site.
Mr. Lang replied that there are two pick up trucks which are personal vehicles, a small dump truck and a panel van which is parked in the garage.
Al Maikels asked what would be in the panel truck.
Mr. Lang replied that it would be mostly small tools.
Mr. Lang stated that the Board members would be more than welcome to view the interior of the garage.
Sharon Cupoli asked about the commercial vehicles being parked there.
Mr. Schneider stated that the garage is housing the panel truck which has supplies in it for his business.
Bridget Bronson of 105 Van Patten Lane stated that the trucks come and go all hours of the day and on the weekends.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber stated that there is more than one employee, so it would be an area or a use variance. Chairman Barber stated that he would like Rodger Stone to take a look in the garage to see what is there.
Counsel Feller asked if they would count all the employees or just the "home based" employees.
Don Cropsey stated that in all the special use permits granted for customary home occupations employees counted are employed solely at the home.
Chairman Barber questioned whether the activity of gathering at the site and loading up the trucks is considered business activity in a residential zone. Chairman Barber stated that if it is done outside, he did not believe that it would be considered a customary home occupation.
Tom Remmert asked what time the employees workday started; when they arrived at VanPatten Lane or when they arrived at the job site.
Chairman Barber made a motion to reopen the public hearing and to continue the hearing for two weeks. Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF VALERIE THOMAS – 2028 WESTERN AVENUE
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:
Special Use Permit Request No. 4134
Request of Valerie Thomas for a Special Use Permit under the Zoning Law to permit: the conversion of an existing 1500sf single-family home to an ice cream and snack business. This conversion will entail removal of an existing carport, the construction of an uncovered deck and an 18 space parking area. 3 parking spaces are proposed to be banked.
Per Articles III & V Sections 280-20 & 280-52
For property under purchase contract between 2028 Western Ave, Inc. and Valerie Thomas
Situated as follows: 2028 Western Avenue Albany, NY 12203
Tax Map # 51.07-2-14 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of March, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 10, 2009"
The file consists of the mailing list to 65 neighboring property owners, the Town's required forms for a Special Use Permit to open an ice cream store, a Short Environmental Assessment Form, the Town Planning Board's site plan review of 3-11-09, the Town Planners comments of March 11, 2009, Albany County Planning Board's recommendation of February 19, 2009, the proposed contract of sale with an addendum and some plans.
The Town Planning Board's site plan review of 3-11-09 was to recommend with the following conditions: Detailed landscaping plan including proposed outdoor seating and number of seats outside, modify parking lot plan to provide better vehicular circulation and pedestrian separation. Considerations should include: moving the parking lot to the south, providing one way drive aisle with additional curbcut on Norman Avenue.
Albany County Planning Board's recommendation of February 19, 2009 was to modify local approval to include review by the Albany County Department of Health for food service and other required permits.
The Town Planner had the following comments: "The applicant has requested a special use permit to convert the existing single family residence into an ice cream and snack business. The building is on the corner of Western and Norman Avenues, between the CVS and the Mezza Notte restaurant. I have the following comments:
- The parking lot entrance will be from Norman Avenue with no curbcuts onto Western. Further, the entrance will be opposite the side of the CVS building so there should be no direct impact on a residence.
- The plan shows the required 18 parking spaces, 3 of which they propose to bank. On a hot summer weekend night I would anticipate the need for much more parking but there is additional land if this should become a problem.
- There are residences to the east and south of the proposed parking. The plan proposes a landscaped berm for buffering with some short trees and bushes. I am not sure this will be enough to screen the neighbors from the lighting, or from the trash that will inevitably blow around.
- The plan shows a picnic area but the number of tables and seats should be determined. It should be determined whether these seats should count in the parking calculations.
Overall, I think this is a good plan. But every effort should be made to screen the adjoining neighbors from the noise, parking and lighting."
Valerie Thomas, applicant, presented the request. Ms. Thomas stated she would like to open up the ice cream stand; have hours from 11am to 11pm and any deliveries would be before 11am. Ms. Thomas stated that there would be buffers between adjoining properties and would be willing to work with the neighbors with the buffers and the lighting concerns. Ms. Thomas stated that she would be open only 8 months out of the year.
Chairman Barber asked Ms. Thomas if it was her intention to live there at some point.
Ms. Thomas replied no.
Theodore Kondoprias, Architect, reviewed the revised plans. Mr. Kondoprias addressed the concerns of the Planning Board. One of the concerns raised was defining the outdoor seating and the number of seats inside. Mr. Kondoprias stated that to buffer the adjoining properties, they are proposing a white vinyl fence. Addressing the parking situation, you would enter in, do angle parking and then be able to leave the property.
Chairman Barber asked Don Cropsey how he determined the number of parking spaces.
Don Cropsey replied that he based it on the square footage of the building basing it on a building under 1500sf.
Chairman Barber asked Don if he also included the outside dining area.
Don Cropsey replied that he didn't.
Chairman Barber asked about possibly changing the ingress and egress of the parking lot for better vehicle circulation and pedestrian separation.
Chairman Barber asked what degree of angle parking was.
Mr. Kondoprias replied that it was approximately 43°.
Chairman Barber suggested flipping around the ingress and egress to the parking lot.
Chairman Barber asked about the possible relocation of the dumpster.
Valerie Thomas stated that could be taken care of.
There was discussion about raising the berm.
Chairman Barber discussed discouraging cars from parking on Norman Ave.
There was discussion regarding the difficulty taking a left off of Norman Avenue onto Western Avenue.
Chairman Barber asked if there were any questions or comments from the residents.
Chris Emerson of 12 Norman Avenue had concerns regarding parking on Norman Avenue, deliveries, exiting onto Rt. 20, the safety of the children, the lack of a sidewalk, and the lack of streetlights on Norman Avenue.
Barbara Nottke of 11 Norman Avenue had concerns regarding the traffic coming down Norman Avenue.
Chairman Barber made a motion to continue the hearing for two weeks to revise the site plan to reflect the changes to ingress and egress and the parking space count. Motion seconded by Sharon Cupoli. Vote 7 – 0.
MATTER OF WAYNE OUIMET – 2337 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 III & V of the Zoning Law on the following proposition:
Amend Special Use Permit No. 05-07/Request No. 4132
Request of Wayne Ouimet for an amendment to Special Use Permit #05-07 under the Zoning Law to permit: the use of an existing single-story building, formerly occupied by a lawn and garden outdoor equipment store to a specialty shop selling new and pre-owned motorcycles, snowmobiles, ATVs and personal water craft. All site modifications have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52
For property owned by Timothy Allund
Situated as follows: 2337 Western Avenue Guilderland, NY 12084
Tax Map # 39.00-4-9.4 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 18th of March, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: March 9, 2009"
The file consists of the mailing list to 12 neighboring property owners, the Town's required forms for a Special Use Permit, a Short Environmental Assessment Form for this Unlisted Action, a narrative, a letter of intent, the Town Planners comments, the Albany County Planning Board's notification, the Town Planning Board's site plan review and a survey of the land.
The Town Planner had the following comments:
"The applicant has requested a special use permit for a change in tenancy at the building formerly used for farm and tractor equipment to be used for the sale and service of motorcycles, ATVs, snowmobiles and watercraft. I have the following comments:
- While the sale of recreational vehicles is permitted in the General Business district, I do not see them listed in the Local Business district. The Zoning Administrator should make a determination whether this is a permitted use.
- The Letter of Intent states that the tenant may display motorcycles, ATVs and snowmobiles on the exterior of the building. The site plan should show where the outdoor display will be and how it will be defined.
- This would be a good opportunity to enhance the limited landscaping around this building and site."
he Albany County Planning Board's notification was to defer to local consideration.
The Town Planning Board's site plan review of March 11, 2009 was to recommend with the following conditions: provide a detailed landscaping plan and identify location of outdoor display areas.
Ronald Ouimet presented the application. Mr. Ouimet stated that they have other stores in Massachusetts and have done business in the Albany area for quite some time.
Chairman Barber asked Don Cropsey if this was an allowable use in the zone.
Don Cropsey replied that recreation vehicles in the zoning code mean motor homes and this type of business does not fall into that category; it would be a special use.
Chairman Barber asked where the outdoor displays would be located and about the landscaping plan.
Tim Alund, owner of the property, stated that when the drainage swale was created behind them, it made everything to the left of the building wet. Tim stated that they had agreed to work with Don Cropsey with the landscaping.
Chairman Barber stated that he was comfortable approving the application with the condition that a landscaping plan be submitted.
Chairman Barber asked about the outdoor display.
Mr. Ouimet stated that the outdoor display would be brought in at night. The display would be in front of the building and near the road behind the island.
Chairman Barber asked Don Cropsey if he had any concerns with that.
Don Cropsey replied that the ingress and egress shown on the plan is the main ingress and egress. Don stated that Mr. Alund has an easement across lands of Serafini that come in from the eastern side of the property and those two locations would not interfere.
Chairman Barber stated that in the prior special use permit it stated that if at some point a road is put in back to the lands of Serafini there was an understanding that the curbcut onto Rt. 20 would be closed and the access to the site would be off that road.
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 careful review of the application by Ronnie's Motorsports of New York and Wayne Ouimet for a store selling new and pre-owned motorcycles, snowmobiles, ATVs and personal watercraft and backup service for same. The Board reviewed the application to determine whether the granting of the application would have a substantial negative impact upon the environment. This review consisted of the comments provided to the Board by the Albany County Planning Board, the Town Planning Board, the Town Planner and the public hearing this evening. I move that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli.
Chairman Barber made a motion for approval of:
Amend Special Use Permit No. 05-07/Request No. 4132
Request of Wayne Ouimet for an amendment to Special Use Permit #05-07 under the Zoning Law to permit: the use of an existing single-story building, formerly occupied by a lawn and garden outdoor equipment store to a specialty shop selling new and pre-owned motorcycles, snowmobiles, ATVs and personal water craft. All site modifications have been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-20 & 280-52
For property owned by Timothy Allund
Situated as follows: 2337 Western Avenue Guilderland, NY 12084
Tax Map # 39.00-4-9.4 Zoned: LB
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and no residents provided either written or oral comments regarding the application.
This is an Unlisted Action under SEQRA. The Board adopted a negative declaration by a unanimous vote.
The Albany County Planning Board deferred to local consideration.
The Town Planning Board provided a site plan review with conditions regarding the submission of a landscaping plan and the location of outdoor displays.
The Town Planner's recommendation of 4-11-09 was no objection based upon the ZBA reviewing certain findings which the Board did this evening.
The Board further finds that this proposed use is a retail use not exceeding 5000sf of gross area and therefore is a special use within this Local Business zone. The listing of this use in a Local Business zone is tantamount to a finding that the use is compatible with the surrounding neighborhood.
The Board further notes that there is ample parking and no parking variance is required.
The façade of the building was recently improved and is attractively designed and would be a positive addition to the neighborhood.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
The hours of operation shall be as set forth in the application: Monday – Friday from 9am to 8pm, Saturday from 9am to 4pm and on Sunday from 11am to 4pm.
Submission of a landscaping plan for Board approval prior to the issuance of a Certificate of Occupancy.
Landscaping shall be installed by June 15, 2009.
There shall be no outdoor storage after hours. Storage shall be set forth as indicated on the revised plan.
Compliance with any applicable environmental and motor vehicle laws regarding the use on the site.
All conditions of the prior special use permit shall be adhered to except as modified by this amended special use permit.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this amended 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.
SIGNS:
The Board approved a temporary banner for two weeks only for the UPS store at 1971 Western Avenue. Vote 7 – 0.
The Board approved two 20sf building mounted identification signs for SEFCU at Rt. 146 & Gun Club Road. Vote 7 – 0.
The Board continued an application from Carman Road Alliance Church for a building mounted sign. Vote 7 – 0.
OTHER:
The Board approved a one-year extension for Velocitel at 5215 Western Avenue. Vote 7 – 0.
The meeting adjourned at 10:15pm.
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