TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
MAY 20, 2009
DRAFT
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 PATIO ENCLOSURES – 8 JANET LANE
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. 4139
Request of Patio Enclosures for a Variance of the regulations under the Zoning Law to permit: the construction of an 8' x 11' covered front porch in a required front yard. A 35' front yard setback is required; 29' +/- is proposed, a 6' +/- variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by: Linda Erickson
Situated as follows: 8 Janet Lane Albany, NY 12203
Tax Map # 51.18-1-8.2 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of May, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 12, 2009"
The file consists of the mailing list to 36 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative, a plot plan showing the location of the porch, elevations and some photographs.
The Town Planner had the following comments: "The applicant has applied for an area variance to construct a covered porch that will encroach 6' into the required front yard. No planning objections."
Linda Erickson and Daniel Pfoltzer presented the case.
Chairman Barber stated that it seemed very straightforward. Chairman Barber asked if any of the neighbors had contacted them with concerns.
Mr. Pfoltzer replied that the one of the neighbors down the street asked when he could come down and enjoy the porch and another one asked why they were not putting a wrap around porch on.
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. 4139
Request of Patio Enclosures for a Variance of the regulations under the Zoning Law to permit: the construction of an 8' x 11' covered front porch in a required front yard. A 35' front yard setback is required; 29' +/- is proposed, a 6' +/- variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by: Linda Erickson
Situated as follows: 8 Janet Lane Albany, NY 12203
Tax Map # 51.18-1-8.2 Zoned: R15
In rendering the decision, the Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailings to nearby property owners. No comments were received from neighbors regarding the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections.
The Board further finds that the variance will allow for the construction of an 8' x 11' covered porch. With the variance, the porch will still be located 29' from the front yard line.
The proposed porch is attractively designed and will enhance the appearance of the property.
Therefore, the Board finds that there will be no negative impacts upon the quality or the character of the neighborhood.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
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 Sharon Cupoli. Vote 7 – 0.
MATTER OF WAL VIVENZIO – 115 FRENCHS MILL 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. 4140
Request of Walt Vivenzio for a Variance of the regulations under the Zoning Law to permit: the construction of a 20' x 24' single-story detached garage in a side yard. A variance is requested to allow proposed garage in a side yard.
Per Articles IV & V Sections 280-34 and 280-51 respectively
For property owned by: Walter Vivenzio
Situated as follows: 115 French's Mill Road Altamont, NY 12009
Tax Map # 39.00-1-14.1 Zoned: R40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 20th of May, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 12, 2009"
The file consists of the mailing list to 17 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative, a survey of the two-lot subdivision which shows the location of the property and a photo showing the location of the proposed garage.
The Town Planner had the following comments: "The applicant is requesting an area variance to construct a detached garage that will encroach into the required side yard. The garage will be adjacent to 50 acres of green space owned by the Town. No planning objections."
Chairman Barber stated that he had spoke to Ed Zyniecki, the back neighbor, and he did not have any objections to the request.
Sherman Coonrad, son-in-law of Walt Vivenzio, presented the case.
Mr. Coonrad stated that this was really the only place that they could place the garage because of the septic system.
Chairman Barber asked if any of the neighbors had raised any concerns.
Mr. Coonrad stated that there had not been any concerns from any of his neighbors.
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. 4140
Request of Walt Vivenzio for a Variance of the regulations under the Zoning Law to permit: the construction of a 20' x 24' single-story detached garage in a side yard. A variance is requested to allow proposed garage in a side yard.
Per Articles IV & V Sections 280-34 and 280-51 respectively
For property owned by: Walter Vivenzio
Situated as follows: 115 French's Mill Road Altamont, NY 12009
Tax Map # 39.00-1-14.1 Zoned: R40
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailing to nearby property owners. One resident did provide a comment stating that he had no objection to the granting of the variance.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections.
The Board further finds that the proposed garage will be adjacent to a 50-acre greenspace owned by the Town. A large portion of the rear yard is unavailable because of the presence of an elaborate septic system.
The property is located in a very rural area and therefore the Board finds that the granting of this request will not have a negative impact upon the character of the neighborhood.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted by the applicant.
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.
OTHER:
The Board approved the minutes of March 18, 2009. Vote 7 – 0.
There was discussion regarding a number of off-site signs being proposed by Christs Church (Nervosity). Chairman Barber stated that a variance could not be granted because there was not enough time to get Albany County Planning Board's notification as required by law. Chairman Barber stated that there are provisions in the Code that do permit the Board to allow signs for special events.
Jonathan Hendrick of Christ's Church stated that they have approximately 40 small signs that they would like to put up; about 12 on Rt. 20 and also more down Rt. 146 toward the high school and some on private properties of some of the members of the bands.
There was discussion with the signs not being on the property on which the event will be held.
Chairman Barber made a motion to allow the signs in Tawasentha consistent with last year, four additional signs as determined by Don Cropsey and 28 signs on private residential properties. Signs will be allowed for one week only. Motion seconded by Al Maikels. Vote 7 – 0.
SIGNS:
The Board approved two temporary banners for Stuyvesant Plaza for their sidewalk sale. Vote 7 – 0.
The Board denied a temporary banner for Drue Sanders at 1675 Western Avenue.
The meeting adjourned at 8:10pm.
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