TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
AUGUST 5, 2009
Members Present:
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Peter Barber, Chairman Susan Macri Allen Maikels Mike Marcantonio Tom Remmert James Sumner Charles Cahill, Alternate Robert Feller, Counsel |
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Members absent: 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 JOSEPH AND LYNNE GOLONKA – 2259 WESTERN AVENUE
Chairman Barber stated that this was a continued case. Chairman Barber stated that the Board had received a revised plan.
Lynne Golonka stated that she had submitted a timeline with more detail of the proposal.
Chairman Barber had concerns with the width of the driveway.
Ms. Golonka stated that they are proposing a turn off on the right side of the driveway so that cars can pull over onto the gravel.
Chairman Barber stated he would like to see sufficient space for cars to pass one another.
Ms. Golonka stated that there would not be a large volume of traffic because they will be using off-site parking. Ms. Golonka stated that there would be a professional driver who will be bringing the guests from the off-site parking to the facility.
Chairman Barber stated that he thought that was just going to be for the larger parties, not for smaller parties.
Ms. Golonka stated that she sees no problem with the 25 cars getting in and out of the property. Ms. Golonka stated that she had spoke with Mark Kennedy from DOT and they were not concerned with the traffic unless there would be a large volume of cars attending a gathering.
Chairman Barber asked if they had made arrangements for off site parking and shuttle to their property.
Ms. Golonka replied that after approval from the Zoning Board, she will get contracts drawn up for parking and the shuttle.
Chairman Barber asked how many parking spaces she would need with 130 guests.
Ms. Golonka stated that they would need approximately 70 parking spaces; they have 25 on site.
Chairman Barber asked about any lighting.
Ms. Golonka stated they would only be operating until sundown so they would not need any outside lighting.
Chairman Barber asked about the water departments concerns regarding water and wastewater.
Don Cropsey replied that the concern is not the water usage, it is the sewer and they would be using porta johns. Don Cropsey also stated that the parties would be catered and there would be no cooking on site; it would be prepared off site.
Jim Sumner asked about a no parking sign in the turn off area.
Tom Remmert suggested posting the driveway as a fire lane so there would be no parking along the driveway.
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 to determine whether the granting of this special use permit and variance would cause a significant negative impact upon the environment. This review consisted of the recommendations and determinations from the Albany County Planning Board, the Town Planning Board, the Town Planner and the Town Historian along with the conducting of this public hearing. Based upon that collective record, I move that a negative declaration under SEQRA should be issued." Motion seconded by Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Special Use Permit/Variance Request No. 4138
Request of Joseph and Lynne Golonka for a Special Use Permit/Variance of the regulations under the Zoning Law to permit: the use of an existing owner occupied single family home located on a 6.2 acre parcel of land as a bed and breakfast inn. In addition, it is proposed to conduct catered weddings and parties for up to 130 guests. On and off site parking is proposed. Variances are requested for the following: 1) from providing a 5' wide concrete sidewalk and 2) to allow off premises parking to exceed a distance of 300' from the subject property.
Per Articles III & V Sections 280-14 and 280-51& 52 respectively
For property owned by: Joseph and Lynne Golonka
Situated as follows: 2259 Western Avenue Guilderland, NY 12084
Tax Map # 40.00-2-6.2 Zoned: R15
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and supplemented by mailings to nearby property owners. No residents had any comments or issues regarding the application.
This is an Unlisted Action under SEQRA and this Board adopted a negative declaration.
The Albany County Planning Board's recommendation was to defer to local consideration.
The Town Planning Board's site plan review was to recommend the review of the off site parking arrangements for large events and also look at the access to the property to ensure that it is adequately sized/designed to accommodate anticipated traffic.
The Town Planner had no objections to the granting of this request.
The Town Historian was in favor of the request.
The Board further finds that this parcel is a large historical property with ample space for the proposed use. The proposed uses are allowed uses in this zone. The lot has ample space on site for gatherings including 25 on-site parking spaces.
Off site parking will be needed and has made arrangements for parking at 2123 Western Avenue and will have shuttle service between the properties.
Based upon this projected use, the off site parking, while more distant that what is allowed in the code, appears to be appropriate and therefore that variance is granted.
As to the requirement for 5' sidewalks along Rt. 20, the Board will suspend review of that because they are still waiting the impact of the infrastructure resulting from the Glassworks Village project. The applicant shall work with the Town when the Glassworks Village project is built.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted and as modified by the applicant.
The applicant shall submit a plan that delineates the 25 parking spaces.
DOT review of access onto Rt. 20 to make sure the design and access is satisfactory and obtain any permits necessary for work in the DOT right-of-way.
The applicant shall submit a parking agreement allowing up to 50 spaces at 2113 Western Avenue and filed with the Albany County Clerks Office.
Provide the Zoning Department with any contracts regarding any portable toilet systems and shuttle bus services and other items discussed in the narrative.
The applicant has stated that there will be no outside lighting at the site.
Fire department review and approval of the access to the property.
The hours shall be as set forth in the application which will be 11am to 7pm on Saturdays and Sundays for larger gatherings with over 50 guests and from 4pm to sundown for smaller gatherings of 50 guests or less.
The applicant has agreed not to exceed 130 guests at any given time.
The Board does reserve the right to require the applicant to have someone on site at Rt. 20 to address any traffic concerns.
The Zoning Administrative Office is hereby authorized to issue the permits necessary to implement this decision.
If this Special Use Permit/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. (Cupoli absent, Cahill alternate)
MATTER OF ERIC AND RACHEL REILLY – 8008 GREGORY LANE
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. 4150
Request of Eric and Rachel Reilly for a Variance of the regulations under the Zoning Law to permit: the extension of an existing attached two-car garage into a required front yard on a corner lot by 3'4". A 35' setback is required, 31'8" is proposed, a variance of 3'4" is requested.
Per Articles III & V Sections 280-20 and 280-51 respectively
For property owned by: Eric and Rachel Reilly
Situated as follows: 8008 Gregory Lane Schenectady, NY 12303
Tax Map # 27.07-4-34 Zoned: RO30
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of August, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 23, 2009"
The file consists of the mailing list to 30 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, a plot plan, a narrative and elevation plans.
The Town Planner had the following comments: "The applicant has requested an area variance to build a garage addition that will encroach into the setback on a corner lot. No planning objections."
David York, contractor representing the Reillys, presented the request. Mr. York stated that the Reilly wanted to expand their laundry room into the garage and move the garage forward 7 more feet.
Chairman Barber stated that the Reillys are not expanding the garage, they are just moving it forward seven feet.
Chairman Barber stated that this is a corner lot with two front yards and the Board grants relief from one of the setbacks as long as the request is reasonable. Chairman Barber stated that the granting of this variance would not have a negative impact on the neighborhood or on sight distance.
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 Jim Sumner. Vote 7 – 0. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4150
Request of Eric and Rachel Reilly for a Variance of the regulations under the Zoning Law to permit: the extension of an existing attached two-car garage into a required front yard on a corner lot by 3'4". A 35' setback is required, 31'8" is proposed, a variance of 3'4" is requested.
Per Articles III & V Sections 280-20 and 280-51 respectively
For property owned by: Eric and Rachel Reilly
Situated as follows: 8008 Gregory Lane Schenectady, NY 12303
Tax Map # 27.07-4-34 Zoned: RO30
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.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Town Planner had no objections to the request.
The Board further finds that this is a corner lot which under the Town Code creates two front yards and more importantly two front yard setbacks. The Board has consistently provided relief where the granting of the variance will not have an impact upon neighbors and will not impact sight line. As for the sight line, there is no impact on the intersection and also the granting of the variance is not substantial and does not have a negative impact upon the neighborhood. This variance will allow this young family to expand the usable space within their home.
The Board finds that the granting of the variance is appropriate.
In granting this decision, the Board imposes the following conditions:
Adherence to the plans as submitted.
Construction shall be limited to the following hours: Monday – Friday from 8am to 5pm, Saturday from 9am to 5pm with no construction allowed on Sunday.
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 Jim Sumner. Vote 7 – 0. (Cupoli absent, Cahill alternate)
MATTER OF ALBANY SMILES, LLC. – 1816 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:
Variance Request No. 4151
Request of Albany Smiles, LLC. for a Variance of the regulations under the Zoning Law to permit: the construction of a roof structure over an existing walkway entrance to a dental office. A variance is requested to permit said structure within a required front yard. A 45' front setback is required on each street side; 15' and 14' is proposed; 30' and 31' variance is requested respectively.
Per Articles III & V Sections 280-19 and 280-51 respectively
For property owned by: Albany Smiles, LLC
Situated as follows: 1816 Western Avenue Albany, NY 12203
Tax Map # 52.09-5-6 Zoned: BNRP
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of August, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 23, 2009"
The file consists of the mailing list to 38 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, Albany County Planning Board's notification of 7-16-09, a narrative, diagrams of the proposed covered walkway and photos.
Albany County Planning Board's notification of 7-16-09 was to defer to local consideration.
The Town Planner had the following comments: "The applicant is seeking a front yard variance to cover an existing walkway entrance. No planning objections."
Steven Elsbree of 102 Van Patten Lane presented the case. Mr. Elsbree stated that they are looking to cover an existing walkway.
Chairman Barber asked Don Cropsey if part of the existing building was already in the front yard setback.
Don Cropsey replied that the right side of the building was in the front setback.
Chairman Barber stated that the covered walkway would not be any farther into the setback than the existing building.
Mr. Elsbree stated that it would be about 1.5' closer than the existing building.
Chairman Barber stated that it seemed very straightforward.
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 7 – 0. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4151
Request of Albany Smiles, LLC. for a Variance of the regulations under the Zoning Law to permit: the construction of a roof structure over an existing walkway entrance to a dental office. A variance is requested to permit said structure within a required front yard. A 45' front setback is required on each street side; 15' and 14' is proposed; 30' and 31' variance is requested respectively.
Per Articles III & V Sections 280-19 and 280-51 respectively
For property owned by: Albany Smiles, LLC
Situated as follows: 1816 Western Avenue Albany, NY 12203
Tax Map # 52.09-5-6 Zoned: BNRP
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 request.
Albany County Planning Board's notice was to defer to local consideration.
The Board further finds that the proposed covering is intended to provide protection from the elements for patients entering the building by means of an existing sidewalk.
The covering of the sidewalk is substantially consistent with an existing addition that already encroaches further into the front yard setback.
Any impact will be minimal under these circumstances. The property faces Rt. 20 and the sidewalk covering is on the Rt. 20 side of the property. Therefore the Board finds that there will not be a negative impact upon the neighborhood by granting this request.
In granting this request, 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 Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
MATTER OF PIOTR SKLADZINSKI – 2 NORWOOD STREET
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:
Variance Request No. 4152
Request of Piotr Skladzinski for a Variance of the regulations under the Zoning Law to permit: the construction of a pergola structure over the driveway to an existing detached garage. A variance is requested to allow said structure up to the property line; a 5' minimum setback is required for an accessory structure.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by: Piotr Skladzinski
Situated as follows: 2 Norwood Street Albany, NY 12203
Tax Map # 52.20-3-8 Zoned: R10
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of August, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 27, 2009"
The file consists of the mailing list to 51 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, drawings of the structure at the rear of the garage, a diagram of the property and Albany County Planning Board's notification of July16, 2009.
The Town Planner had the following comments: "The applicant is seeking an area variance to build a pergola behind their garage that encroaches into the required rear setback but is adjacent to an alleyway. No planning objections."
Albany County Planning Board's notification of 7-16-09 was to defer to local consideration.
Piotr Skladzinski, applicant, presented the case.
Chairman Barber stated that Mr. Skladzinski's garage is in the back of his lot and he has access by an alleyway from Waverly Place. Chairman Barber asked if the alleyway only accessed his property.
Mr. Skladzinski replied that it accessed about 5 other properties.
Chairman Barber asked if the other properties had garages at the rear of the property.
Mr. Skladzinski stated that two properties had garages at the rear.
Chairman Barber asked what the purpose of the structure would be.
Mr. Skladzinski stated that it would shelter his car and would be more aesthetically pleasing. Mr. Skladzinski stated that the current garage is a one-car garage and this would be an extension of the garage.
Chairman Barber asked if the structure would impact the turning radius.
Mr. Skladzinski replied "not at all".
Chairman Barber asked if there were any questions or comments from the residents.
Don Reeb of 4 Norwood Street stated that he had no objection to the pergola and it was a very attractive structure.
Chairman Barber made a motion to close the public hearing. Motion seconded by Jim Sumner. Vote 7 – 0. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4152
Request of Piotr Skladzinski for a Variance of the regulations under the Zoning Law to permit: the construction of a pergola structure over the driveway to an existing detached garage. A variance is requested to allow said structure up to the property line; a 5' minimum setback is required for an accessory structure.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by: Piotr Skladzinski
Situated as follows: 2 Norwood Street Albany, NY 12203
Tax Map # 52.20-3-8 Zoned: R10
The Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. One resident provided oral comments in favor of the application.
This is a Type II Action under SEQRA, not requiring SEQRA review.
Albany County Planning Board's notification of 7-16-09 was to defer to local consideration.
The Town Planner had no objections.
The Board further finds that the existing garage is at the rear of the property adjacent to a rear alley by which the applicant accesses his garage. The existing garage is almost already on the property line and there is an old stockade fence on the property line.
The proposed structure is not visible from adjacent properties and the structure is attractively designed and would not have a negative impact upon the quality or the character of the neighborhood.
In granting this decision, 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 Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
MATTER OF THOMAS MASLANKA – 464 RT. 146
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. 4149
Request of Thomas Maslanka for a Variance of the regulations under the Zoning Law to permit: the construction of a single-family home on an existing substandard parcel. A width at the building line variance is requested. A 50' width is required for an existing undersized lot; 35.63' width is provided, a variance of 14.37' is requested.
Per Articles IV & V Sections 280-31 and 280-51 respectively
For property owned by: Timothy Kennedy and under purchase agreement by Thomas Maslanka
Situated as follows: 464 Rt. 146 Guilderland Center, NY 12085
Tax Map # 38.20-1-24 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of August, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 23, 2009"
The file consists of the mailing list to 30 neighboring property owners, the Town's required forms for an area variance, a purchase contract for the property, a narrative provided by the applicant, a plot plan of the original residence and garage, photographs that show the character of the homes in the neighborhood, proposed elevation plans for the structure, google map depictions, Albany County Planning Board's notification of 7-16-09, the Town Planners comments.
Albany County Planning Board's notification of 7-16-09 was to have the matter reviewed by NYSDOT for design of highway access, drainage and assessment of road capacity.
The Town Planner had the following comments: "The applicant has requested a variance to construct a home on a preexisting substandard lot. This undersized lot is not unique to the Guilderland Center neighborhood and is in character with the hamlet. No planning objections."
Thomas Maslanka of 1980 Western Avenue, applicant, presented the case.
Chairman Barber stated that it was his understanding that there had been a house on this property until fairly recently.
Mr. Maslanka stated that there has been a house there since 1780 and it was torn down back in 2006 because of fire damage.
Chairman Barber stated that there are other substandard lots in the Hamlet area.
Mr. Maslanka stated that was correct; there are at least 4 or 5 in the immediate vicinity that do not meet the 50' requirement at the building line.
Chairman Barber stated that the applicant had a couple of options for placement of the house and he is leaning toward placing the house further back on the lot which would be in alignment with other houses on the street.
Mr. Maslanka stated that by moving the house back further back on the lot it would give them a larger front yard and puts their driveway with the right-of-way that is granted to the neighbor's property on the left hand side. It also gives more privacy to the neighbors.
Don Cropsey stated that he had spoke to one of the neighbors and they had a concern if the house was placed closer to the road.
Chairman Barber asked if there were any questions or comments from the residents.
Stacy Marsh, owner of 466 Rt. 146, stated that she preferred the house being set back further on the lot.
Susan Roy of 472 Rt. 146 voiced her concerns regarding what type of home would be built.
There was discussion regarding the distance of the homes from the road. Chairman Barber stated that if this house was put too far back on the lot, it would be totally out of character with the neighborhood.
Ms. Roy asked about the driveway.
Mr. Maslanka stated that they do plan on putting a driveway on the left hand side of the structure.
Mr. Maslanka stated that he intended to build a structure that would fit in with the character of the neighborhood and if they would like the garage in the rear of the property, that would be fine also.
Chairman Barber made a motion to close the public hearing. Motion seconded by Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
Chairman Barber stated that he would like to see the homeowner go with Option #2 which puts the house closer to the road but not as far forward as the houses to the left and right of him.
Chairman Barber made a motion to continue the public hearing for two weeks to give the applicant a chance to speak with Don Cropsey regarding the period details and to submit proposals to the Board. Motion seconded by Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
MATTER OF NANCY KOKOSA – 3263 E. LYDIUS STREET
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:
Variance Request No. 4147
Request of Nancy and Ronald Kokosa for a Variance of the regulations under the Zoning Law to permit: the construction of a 12' x 24' carport in a side yard. A 15' setback is required; 14' will be provided, a 1' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by: Ronald and Nancy Kokosa
Situated as follows: 3263 E. Lydius Street Schenectady, NY 12303
Tax Map # 15.20-2-16 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of August, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 21, 2009"
The file consists of the mailing list to 44 neighboring property owners, the Town's required forms for an area variance, a narrative provided by the applicant, a proposal from Doherty Construction and the Town Planners comments.
The Town Planner had the following comments: "The applicant is seeking an area variance to construct a carport that will encroach into the required side yard by one foot. No planning objections."
Nancy Kokosa, applicant, presented the case.
Chairman Barber stated that the carport will be 12' in width. Chairman Barber asked Ms. Kokosa if she had spoke to any of her neighbors regarding the variance.
Ms. Kokosa stated that none of her neighbors have any objection.
Chairman Barber stated that this seemed very straightforward.
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. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4147
Request of Nancy and Ronald Kokosa for a Variance of the regulations under the Zoning Law to permit: the construction of a 12' x 24' carport in a side yard. A 15' setback is required; 14' will be provided, a 1' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by: Ronald and Nancy Kokosa
Situated as follows: 3263 E. Lydius Street Schenectady, NY 12303
Tax Map # 15.20-2-16 Zoned: R15
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 Town Planner had no objections to the variance.
The Board further finds that the one-foot variance will allow the construction of a carport on the side of the garage. The area of the proposed carport is already paved with blacktop and will be replaced with concrete.
The one-foot variance is deminimus and will not have a negative impact upon the property or nearby properties.
The carport will enable the property owner to cover the car during inclement weather and provide for safer use of the property.
In granting this request, 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 Sue Macri. Vote 7 – 0. (Cupoli absent, Cahill alternate)
MATTER OF CAMILLE SCHNER – 6043 JOHNSTON 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 Articles IV & V of the Zoning Law on the following proposition:
Variance Request No. 4148
Request of Camille Schner for a Variance of the regulations under the Zoning Law to permit: the installation of 56 linear feet of 5' high privacy fence in a front yard on a corner lot.
Per Articles IV & V Sections 280-27 and 280-51 respectively
For property owned by: Jayson Schner
Situated as follows: 6043 Johnston Road Slingerlands, NY 12159
Tax Map # 62.00-2-70 Zoned: R20
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 5th of August, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: July 22, 2009"
The file consists of the mailing list to 28 neighboring property owners, the Town's required forms for an area variance, a plot plan of the proposed fence, a depiction of the property, photos depicting the proposed fence, the Town Planners comments and Albany County Planning Board's notification of 7-16-09.
The Town Planner had the following comments: "The applicant has requested an area variance for a fence on a corner lot. No planning objections."
Albany County Planning Board's notification of 7-16-09 was to defer to local consideration.
Camille Schner, applicant, presented the case.
Chairman Barber stated that this is a corner lot with two front yards at the corner of Windsor Court and Johnston Road. Chairman Barber asked what type of material the privacy fence would be made of.
Ms. Schner stated that it would be 5' high stockade fencing.
Chairman Barber stated that with two front yards, the Zoning Board gives relief on one of the front yards and treat it like a side yard.
Don Cropsey stated that up until 2 ½ years ago, this was not a corner lot, a new subdivision came in and made this a corner lot. The developer has installed a fairly substantial amount of landscaping along the public right of way which will effectively screen out any visual impact the fence might have.
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. (Cupoli absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4148
Request of Camille Schner for a Variance of the regulations under the Zoning Law to permit: the installation of 56 linear feet of 5' high privacy fence in a front yard on a corner lot.
Per Articles IV & V Sections 280-27 and 280-51 respectively
For property owned by: Jayson Schner
Situated as follows: 6043 Johnston Road Slingerlands, NY 12159
Tax Map # 62.00-2-70 Zoned: R20
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.
Albany County Planning Board's notification of 7-16-09 was to defer to local consideration.
The Town Planner had no objections.
The Board further notes that this is a corner lot, not by choice, but after development of a subdivision.
The Board historically grants variances from front yard setbacks on one of the setbacks and treat it as a side yard.
There are existing shrubs and trees that will shield the fence from view.
There is no impact upon sight line and therefore the Board finds that the granting of this request will not have a negative impact upon the quality or character of the neighborhood.
In granting this request, the Board imposes the following conditions:
The fence shall be constructed as submitted on the plans. The fence shall be constructed of wood.
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. (Cupoli absent, Cahill alternate)
SIGNS:
The Board approved two temporary banners for Dicks Sporting Goods at Crossgates Mall. Vote 7 – 0. (Cupoli absent, Cahill alternate)
The Board approved a 40sf for Reflections Nail Salon on Karner Road. Vote 7 – 0. (Cupoli absent, Cahill alternate)
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