TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
JULY 15, 2009
Members Present:
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Peter Barber, Chairman Mike Marcantonio Susan Macri Allen Maikels Tom Remmert James Sumner Robert Feller, Counsel |
Members Absent: Charles Cahill
Sharon Cupoli
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Chairman Barber opened the meeting and pointed out the emergency exits in the event they were needed.
MATTER OF ROBERT IAROSSI – 18 LOREN AVENUE
"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. 4145
Request of Robert Iarossi for a Variance of the regulations under the Zoning Law to permit: the construction of a 24' x 28' detached garage in a side yard on a corner lot.
Per Articles IV & V Sections 280-34 and 280-51 respectively
For property owned by: Gary Cole
Situated as follows: 18 Loren Ave. Albany, NY 12203
Tax Map # 51.12-3-37 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of July, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 29, 2009"
The file consists of the mailing list to 39 neighboring property owners, the Town's required forms for an area variance, a letter from the property owner authorizing Mr. Iarossi to appear on his behalf, the Town Planners comments, a plot plan, and a narrative.
The Town Planner had the following comments: "The applicant is requesting an area variance to place a detached garage in a side yard of a corner lot. The garage will be in line with an existing addition. No planning objections."
Robert Iarossi, applicant, presented the case.
Chairman Barber asked if there was already an existing garage at that location.
Mr. Iarossi replied that there is a very small one-car garage.
Chairman Barber asked what would happen with the smaller garage if the two-car garage were allowed.
Mr. Iarossi stated that he did not think that they would be using it as a garage anymore; they would possibly be using it for living space.
Mr. Iarossi presented some photos to the Board.
Chairman Barber stated that this is a corner lot with two front yards. Chairman Barber asked if some of the trees would have to be removed.
Mr. Iarossi replied that there would not be any trees removed. The existing driveway would be used.
Jim Sumner asked what would be kept in the garage.
Mr. Iarossi replied that his vehicles would be kept in the garage.
Chairman Barber asked Don Cropsey if he had any concerns with the driveway extending out to Loren Avenue.
Mr. Cropsey replied that he had no concerns.
Chairman Barber stated that if the garage were placed in the rear yard, a large tree would have to be removed.
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 Al Maikels. Vote 6 – 0. (Cahill, Cupoli absent)
Chairman Barber made a motion for approval of:
Variance Request No. 4145
Request of Robert Iarossi for a Variance of the regulations under the Zoning Law to permit: the construction of a 24' x 28' detached garage in a side yard on a corner lot.
Per Articles IV & V Sections 280-34 and 280-51 respectively
For property owned by: Gary Cole
Situated as follows: 18 Loren Ave. Albany, NY 12203
Tax Map # 51.12-3-37 Zoned: R15
In rendering this decision, 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 a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the granting of this request.
The Board further finds that the property is located on a corner lot at the intersection of Loren Avenue and VanWie Terrace. Therefore there are two front yards and two front yard setbacks. The Board in the past has traditionally allowed an applicant to treat one of the front yards as a true front yard; in this case it is Loren Avenue and to treat the other as a side yard. There will be no problem with sight line or impacts upon neighboring property owners. There is a well maintained tree line along the Van Vie Terrace road.
The placement of the garage in the side yard is consistent with maintaining the large maple tree in the back yard and also the garage will not be located any further forward than the existing garage.
Therefore the Board finds that the granting of this variance will not have a negative impact upon the neighborhood.
In granting this decision the Board imposes the following conditions:
Adherence to the plans as submitted.
The hours of construction shall be limited to the following: Monday – Friday from 8am to 5pm, Saturday from 9am to 5pm and no construction on Sunday.
The driveway will be off of Loren Avenue.
The tree line shall be maintained along Van Wie Terrace.
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 6 – 0. (Cupoli, Cahill absent)
MATTER OF CHRISTIAN SCHWENK – 100 ECHO LANE
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 IV & V of the Zoning Law on the following proposition:
Variance Request No. 4144
Request of Christian Schwenk for a Variance of the regulations under the Zoning Law to permit: the installation of an eight-foot high privacy fence. A variance of two feet over the maximum allowed height of six feet is requested.
Per Articles IV & V Sections 280-27 and 280-51 respectively
For property owned by: Christian & Monica Schwenk
Situated as follows: 100 Echo Lane Albany, NY 12203
Tax Map # 51.04-1-2.4 Zoned: RO40
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 15th of July, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: June 22, 2009"
The file consists of the mailing list to 14 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a letter from the applicant dated June 11, 2009 which accompanied the application explaining the reasons for needing the variance, a depiction of the fence on the property, some photos of a neighboring property and a letter from the property owner at 600 Echo Lane stating that they have no objection to the installation of the fence except for a small section which they contend will block their line of sight entering on the private road.
The Town Planner had the following comments: "The applicant is seeking an area variance to install an 8' fence necessitated by a different grade elevation. No planning objections.
Christian Schwenk, applicant, presented the case.
Chairman Barber stated that Echo Lane is a dead end and this property is near the end of the dead end. Chairman Barber asked about the letter from the neighbor.
Mr. Schwenk stated that unfortunately that most of the area that the neighbor wants a 6' fence is where he would want the 8' fence. Mr. Schwenk stated that he is surprised that the neighbor would want to see down Echo Lane.
Chairman Barber asked if it would make a difference in the neighbor's sight line if the fence was 6' or 8'. Chairman Barber stated that he would like Don Cropsey to take a look at it and see if it makes a difference.
Chairman Barber asked the applicant if he would be comfortable working with Don Cropsey to see if that is a concern and where an appropriate breakage point might be, if necessary, to provide some ability for the neighbor to see traffic on Echo Lane.
Mr. Schwenk stated that he has plans to build a garage in that area which will block that area anyway.
Chairman Barber asked if there were any questions or comments from the residents.
Chris Keller of 1347 Van Patten Road, Duanesburg stated he grew up in the neighbors house and he stated that the way that the driveway comes around, they can see perfectly out of the front of the house for the driveway. Mr. Keller stated that the Schwenks should be able to install their fence because the neighbor will not clean up their yard.
Chairman Barber made a motion to close the public hearing. Motion seconded by Al Maikels. Vote 6 – 0. (Cupoli, Cahill absent)
Don Cropsey stated that Rodger Stone has issued several letters to the neighbors requiring them to clean up their yard and the enforcement is ongoing.
Chairman Barber made a motion for approval of:
Variance Request No. 4144
Request of Christian Schwenk for a Variance of the regulations under the Zoning Law to permit: the installation of an eight-foot high privacy fence. A variance of two feet over the maximum allowed height of six feet is requested.
Per Articles IV & V Sections 280-27 and 280-51 respectively
For property owned by: Christian & Monica Schwenk
Situated as follows: 100 Echo Lane Albany, NY 12203
Tax Map # 51.04-1-2.4 Zoned: RO40
The Board makes the following findings of fact:
A public hearing was duly noticed and one resident spoke in favor of the application at the public hearing.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the granting of the request.
The Board further notes that the property is located on Echo Lane which is a sparsely populated dead end street off of Klink Road.
The property itself is located in a heavily wooded area and very secluded.
The Board also notes that there appears to be at least an elevation grade which leaves the one property higher than the other and therefore a fence might be appropriate in order to shield the neighboring property. Don Cropsey has stated that there are some issues about the maintenance of the neighboring property and Rodger Stone is dealing with enforcement of the issues.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
The Board requests Don Cropsey to examine the proposed location of the fence and confirm that the 8' fence is appropriate for the entire length and look at the concerns raised by the neighbor regarding visibility.
Compliance with the Town's requirement regarding fencing; the good side of the fencing has to face the neighbor.
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 6 – 0. (Cupoli, Cahill absent)
OTHER:
The Board approved the minutes of 5-20-09 and 6-3-09. Vote 6 – 0.
SIGNS:
The Board approved a face replacement sign and a building mounted sign for Trustco Bank at Star Plaza. Vote 6 – 0. (Cupoli, Cahill absent) Landscaping shall be placed at the bottom of the freestanding sign.
The Board approved a sign for Frances Friedberg at 3012 Old State Road. Said sign shall not exceed 16sf per side. Vote 6 – 0. (Cupoli, Cahill absent)
The Board approved a 24sf temporary banner for Grace Baptist Church for Vacation Bible School for 2 weeks. Vote 6 – 0. (Cupoli, Cahill absent)
The Board approved two signs for a total of 49sf for Juicy Burgers at 5 New Karner Road. Vote 6 – 0. (Cupoli, Cahill alternate)
The Board approved a temporary banner, pennants (1day) and an A-frame for Emack and Bolios at 1704 Western Avenue for one week only. Vote 6 – 0. (Cupoli, Cahill absent)
The meeting adjourned at 8:10pm.
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