TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JUNE 3, 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 WARD AND CONNIE HOTALING – 5821 GRANT HILL 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, IV & V of the Zoning Law on the following proposition:
Variance Request No. 4143
Request of Ward and Connie Hotaling for a Variance of the regulations under the Zoning Law to permit: the construction of a 36' x 40' single story detached garage in a side yard.
Per Articles III, IV & V Sections 280-24.1K, 280-34 and 280-51 respectively
For property owned by: Ward and Connie Hotaling
Situated as follows: 5821 Grant Hill Road Voorheesville, NY 12186
Tax Map # 50.00-3-11 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of June, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 27, 2009"
The file consists of the mailing list to 5 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a narrative, depictions of where the proposed building would be located on the property, elevations and a construction proposal.
The Town Planner had the following comments: "The applicant has requested an area variance to construct a garage in the side yard. No planning objections."
Ward and Connie Hotaling, applicants, presented the case.
Chairman Barber stated that the case seemed very straightforward. Chairman Barber stated that they have no neighbors around and the back property slopes up.
Mr. Hotaling stated that there is about a 30 to 40º angle in the back yard.
Chairman Barber stated that even with the variance, the garage would be well over 100' off the 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 Sue Macri. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Variance Request No. 4143
Request of Ward and Connie Hotaling for a Variance of the regulations under the Zoning Law to permit: the construction of a 36' x 40' single story detached garage in a side yard.
Per Articles III, IV & V Sections 280-24.1K, 280-34 and 280-51 respectively
For property owned by: Ward and Connie Hotaling
Situated as follows: 5821 Grant Hill Road Voorheesville, NY 12186
Tax Map # 50.00-3-11 Zoned: RA3
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and no residents provided any comments regarding the variance application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections.
The Board further notes that the property is surrounded on three sides by dense forest with no houses visible from the property.
The property has an incline at the rear that makes the location of the proposed garage difficult.
The garage based upon the elevation plans, is attractively designed and architecturally attractive.
The garage is located approximately 130' off of Grant Hill Road.
Therefore, the Board finds that the granting of this variance will not have a negative impact upon the character of the neighborhood.
In granting this variance, the Board imposes the following conditions:
Adherence to the plans as submitted.
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 DWM KITCHENS – 1677 WESTERN AVENUE
ue 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 Request No. 4142
Request of DWM Kitchens, Inc. for a Special Use Permit under the Zoning Law to permit: the conversion of a tattoo parlor to a custom kitchen design studio. All parking has been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-19 and 280-52 respectively
For property owned by: Thomas Spaulding
Situated as follows: 1677 Western Avenue Albany, NY 12203
Tax Map # 52.14-1-7 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of June, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 27, 2009"
The file consists of the mailing list to 43 neighboring property owners, the Town's required forms for this special use permit, a Short Environmental Assessment Form, the Town Planner's comments, the site plan review by the Town Planning Board, Albany County Planning Board's notification of 5-21-09, a narrative, a lease and drawings of the inside of the building.
The Town Planner had the following comments: "The applicant has requested a special use permit to use the existing commercial building for a kitchen cabinet design studio. The prior use was a tattoo parlor and a beauty salon before that. No site plan changes are proposed. No planning objections.
The Town Planning Board's site plan review of May 27, 2009 was to recommend with no comments or suggestions.
Albany County Planning Board's notification of 5-21-09 was to defer to local consideration.
David Moran of DWM Kitchens presented the case.
Chairman Barber stated that this would be a display showroom. Chairman Barber asked if there would be any on site sales there.
Mr. Moran replied that he mostly deals with builders and remodelers so it is wholesale. Mr. Moran stated that there is no warehouse facility there, it is just for display only.
Chairman Barber asked how many parking spaces were on site.
Mr. Moran replied ten and he was comfortable with that number.
Chairman Barber asked Don Cropsey if there was a parking variance previously.
Don Cropsey replied that there was a couple of them, the previous tenant received variances for the number of spaces and location of the parking spaces.
Don Cropsey stated that Mr. Moran's use of the parking will be less than the previous tenant.
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 made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application by DWM Kitchens, Inc. for a special use permit for property at 1677 Western Avenue for a custom kitchen design studio. The Board has reviewed the comments provided by the Albany County Planning Board, the Town Planning Board and the Town Planner and finds that the granting of this special use permit will not have a significant impact upon the environment. Therefore, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4142
Request of DWM Kitchens, Inc. for a Special Use Permit under the Zoning Law to permit: the conversion of a tattoo parlor to a custom kitchen design studio. All parking has been previously reviewed and approved by the Board.
Per Articles III & V Sections 280-19 and 280-52 respectively
For property owned by: Thomas Spaulding
Situated as follows: 1677 Western Avenue Albany, NY 12203
Tax Map # 52.14-1-7 Zoned: BNRP
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and issued and no residents provided either written or oral comments.
This is an Unlisted Action under SEQRA and the Board adopted a negative declaration under SEQRA by a unanimous vote.
The Albany County Planning Board's notification of May 21, 2009 was to defer to local consideration.
The Town Planner had no objections.
The Town Planning Board recommended without any suggestions or conditions.
The Board further finds that this proposed use is an allowed use in a BNRP zone.
The projected use of this property for a sales and design studio for custom kitchen cabinets and countertops will not generate intense traffic or need for more parking.
The Board further notes that there are only one to three employees depending on the season and a parking variance for this property was previously granted. The parking on site appears to be adequate for the intended use.
In granting this variance, the Board imposes the following conditions:
Adherence to the plans as submitted.
The hours of operations shall be as set forth in the application.
There shall be no on-site storage of cabinets at the location.
In granting this decision, the Board imposes the following conditions:
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 Jim Sumner. Vote 7 – 0.
MATTER OF STUYVESANT PLAZA – 10 EXECUTIVE PARK DRIVE
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:
Special Use Request No. 4141
Request of Stuyvesant Plaza, Inc. for a Special Use Permit under the Zoning Law to permit: the construction of two additions to an existing building at Executive Park. A 960sf addition to the west side of Building 8 will be used as maintenance operations for Stuyvesant Plaza and the second addition of 1480sf to the east side of Building 8 will be used as general office space. 12 additional parking spaces will be added.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property owned by: Stuyvesant Plaza, Inc.
Situated as follows: 10 Executive Park Drive Albany, NY 12203
Tax Map # 52.04-2-1 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 3rd of June, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: May 27, 2009"
The file consists of the mailing list to 49 neighboring property owners, the Town's required forms for a special use permit, a Short Environmental Assessment Form for this Unlisted Action, the Town Planner's comments, the Town Planning Board's site plan review, Albany County Planning Board's notification of May 21, 2009, a narrative of the proposed additions and plans.
The Town Planner had the following comments: "The applicant is requesting a special use permit to allow two additions to be constructed at Building #8, which is tucked back in the northwest corner of the property. The additions will be used office space, and maintenance and storage space. Additional parking spaces are being shown in areas that are already paved, but not striped. Spaces numbered 10, 11 and 12 seem to be awkwardly placed, and if not needed, should not be striped. No planning objections as long as the additional buildings do not negatively alter drainage."
The Town Planning Board's site plan review was to recommend without any suggestions or conditions.
Albany County Planning Board's notification of May 21, 2009 was to defer to local consideration.
Brian Orvena presented the case. Mr. Orvena gave a brief overview of the proposal.
Chairman Barber stated that the Town Planner had concerns regarding the parking.
Mr. Orvena stated that really did not want spaces 10,11 and 12 and would only be striped if needed. Mr. Orvena stated that there is plenty of parking in the rear of the building and in the rear of #6, the building next door.
There was discussion regarding the number of parking spaces.
Chairman Barber asked about the driveway.
Mr. Orvena stated that the roadway between buildings 8 and 10 would become greenspace.
There was brief discussion regarding drainage.
Chairman Barber asked if there were any questions or comments regarding the application. There were none. Chairman Barber made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 7 – 0.
Tom Remmert had concerns regarding fire department access and the lack of hydrants in the area. Tom Remmert suggested talking to the Chief of the McKownville Fire Department regarding the situation.
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 two additions to building #8 at Stuyvesant Plaza would have a negative impact upon the environment. This review consisted of the comments received from the Albany County Planning Board, the Town Planning Board, the Town Planner, the public hearing this evening and the review of the application. Based upon that collective review, the Board moves that a negative declaration under SEQRA should be issued." Motion seconded by Sharon Cupoli. Vote 7 – 0.
Chairman Barber made a motion for approval of:
Special Use Request No. 4141
Request of Stuyvesant Plaza, Inc. for a Special Use Permit under the Zoning Law to permit: the construction of two additions to an existing building at Executive Park. A 960sf addition to the west side of Building 8 will be used as maintenance operations for Stuyvesant Plaza and the second addition of 1480sf to the east side of Building 8 will be used as general office space. 12 additional parking spaces will be added.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property owned by: Stuyvesant Plaza, Inc.
Situated as follows: 10 Executive Park Drive Albany, NY 12203
Tax Map # 52.04-2-1 Zoned: LB
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. No comments were received 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's recommendation was to defer to local consideration.
The Town Planning Board recommended approval.
The Town Planner had no objections to the granting of this request.
The Board further finds that the proposal provides for a net addition of 8 parking spaces but also provides for the elimination of a driveway between buildings #8 and #10 and the conversion of that driveway to greenspace; approximately 630sf of additional greenspace.
The applicant has indicated that the additions will match the exterior finishes of building #8 and that at some point the façade may be redesigned to incorporate the additions with the main structure.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The parking spaces designated as 10, 11 & 12 on the Hershberg and Hershberg plans will not be striped unless those spaces are deemed to be necessary.
Fire department review and approval of the proposed plan to insure that adequate fire safety measures are in place.
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.
MINUTES:
The Board approved the minutes of 5-6-09. Vote 6 – 0.
SIGNS:
The Board approved a 40sf sign for MacFawn Realty at 1828 Western Avenue with landscaping. Vote 6 - 1. (Sumner in the negative)
he Board approved a 32sf building mounted identification sign for RUAN at NEIP. Vote 7 – 0.
The Board approved a temporary sign for Maple Leaf Daycare to be placed under the permanent sign for two weeks only. Vote 7 – 0.
The meeting adjourned at 8:15pm.
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