TOWN OF GUILDERLAND
ZONING BOARD OF APPEALS
AUGUST 19, 2009
Members Present:
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Peter Barber, Chairman Susan Macri Allen Maikels Tom Remmert James Sumner Charles Cahill, Alternate Robert Feller, Counsel |
Members Absent: Mike Marcantonio
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 THOMAS MASLANKA – 464 RT. 146
Chairman Barber stated that this was a continued case from the previous meeting. At the last hearing there was discussion regarding modifying the building to make it more in line with nearby properties and making certain that whatever building was constructed there would be consistent with neighboring properties. Chairman Barber stated that Mr. Maslanka had submitted revised plans and addressed the concerns of the Board.
Mr. Maslanka stated that since the last meeting he had a meeting with his architect and revised his plans; the roof pitch has been changed to run from left to right instead of from front to back, the garage has been moved to the rear of the structure, a front porch will be all along the front of the structure and there will be decorative ornaments.
Chairman Barber stated that the revised plans seem consistent with other homes in the neighborhood. Chairman Barber asked how far back the house would be placed.
Don Cropsey replied that Mr. Maslanka had gone through the neighborhood and the placement of the proposed structure is consistent with other houses along the corridor, not necessarily with the two neighboring houses.
Mr. Maslanka stated that the house would be placed back 35', which is consistent with most of the houses in the neighborhood.
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 5 – 0. (Cupoli, Marcantonio absent, Cahill abstained)
Chairman Barber made a motion for approval of:
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
In rendering this decision, the Board makes the following findings of fact:
A public hearing was duly noticed and held and at the last meeting a few residents spoke expressing concerns regarding the placement of the home and the style of the façade.
This is a Type II Action under SEQRA, not requiring SEQRA review.
The Albany County Planning Board's recommendation was to defer to local consideration.
The Town Planner also had no objections noting that this lot size is not unique and is in character with the other nearby lots in the hamlet.
The Board further finds that this parcel is a preapproved substandard lot and a home was on this site for over 200 years until the home was demolished due to extensive damage.
As noted by the Town Planner, this is a substandard lot in this neighborhood and is in character with the neighborhood.
The Board has also granted similar variances where an appropriate sized home can be constructed on a substandard previously approved lot.
At the prior public hearing, the Board asked the applicant to look at a number of issues including the style and the placement of the house. The Board notes that the Guilderland Center hamlet is a historic neighborhood and asked the applicant to revise his plans to be consistent with the hamlet.
The applicant has submitted revised elevation plans that show that the façade will be more comparable to existing homes and homes within the Hamlet. The pitch of the house will be run across the front of the home and the garage will be relocated to the rear of the home. The front porch will also be extended.
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 decision, the Board imposes the following conditions:
Adherence to the revised plans that were submitted on August 14, 2009 which show that the house will be located approximately 35' from the front property line.
The hours of construction shall be limited to the following: Monday – Friday from 8am to 5pm, Saturday from 9am to 5pm and no construction allowed on Sunday.
DOT will need to approve any proposed curbcuts onto Rt. 146.
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 5 – 0. (Marcantonio, Cupoli absent, Cahill abstained)
MATTER OF LAWRENCE MOSS – 95 WILLOW 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. 4153
Request of Robin and Lawrence Moss for a Variance of the regulations under the Zoning Law to permit: the replacement of an existing aluminum carport with a 10' x 20' framed carport. A 15' side yard setback is required; 1'+/- is proposed (existing), a 14' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by: Robin and Lawrence Moss
Situated as follows: 95 Willow Street Guilderland, NY 12084
Tax Map # 40.14-2-16 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 19th of August, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 10, 2009"
The file consists of the mailing list to 21 neighboring property owners, the Town's required forms for an area variance, the Town Planners comments, photos showing the location of the existing carport, depictions of the proposed carport and a petition signed by 8 neighboring property owners stating they have no objection to the variance.
The Town Planner had the following comments: "The applicant is requesting an area variance to build a carport that will encroach into the required side yard. The structure will replace an older existing carport. No planning objections."
Lawrence Moss, applicant, presented the request. Mr. Moss stated that the existing carport is in a severe state of disrepair and would like to replace it with a framed structure which would be integrated with the existing roofline and shingled.
Chairman Barber stated that he did not have a problem with it and thought that the neighbors would be very much in support of the new structure.
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. (Cupoli, Marcantonio absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Variance Request No. 4153
Request of Robin and Lawrence Moss for a Variance of the regulations under the Zoning Law to permit: the replacement of an existing aluminum carport with a 10' x 20' framed carport. A 15' side yard setback is required; 1'+/- is proposed (existing), a 14' variance is requested.
Per Articles III & V Sections 280-14 and 280-51 respectively
For property owned by: Robin and Lawrence Moss
Situated as follows: 95 Willow Street Guilderland, NY 12084
Tax Map # 40.14-2-16 Zoned: R15
The Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. Eight residents did sign a petition indicating that they were agreeable to the granting of the variance and one resident did call indicating that they had no objection.
The Board notes that the most affected neighbor is agreeable to the new carport.
The Board further notes that the existing carport was constructed back in the 1950s and located on a triangular shaped lot. The carport is outdated and in need of replacement and the new carport will provide for an updated appearance and be more attractive. The new carport will not have any negative impact on the neighbors.
In granting this request, the Board imposes the following conditions:
Adherence to the plans as submitted.
Construction hours shall be limited to the following: 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 Sue Macri. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
MATTER OF ELIZABETH MEPPEN – 2563 WESTERN AVENUE
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 Permit Request No. 4154
Request of Elizabeth Meppen for a Special Use Permit under the Zoning Law to permit: the use of 775sf of space within an existing shopping plaza known as Park Place as a retail jewelry store.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property owned by: Frank Sgambellone
Situated as follows: 2563 Western Avenue Altamont, NY 12009
Tax Map # 39.00-2-21 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 19th of August, 2009 at the Guilderland Town Hall beginning at 7:30pm.
Dated: August 10, 2009"
The file consists of the mailing list to 46 neighboring property owners, the Town's required forms for a Special Use Permit along with a Short Environmental Assessment Form, Albany County Planning Board's notification, the Town Planning Board's site plan review, the Town Planners comments, the project narrative and a plot plan.
The Town Planning Board's site plan review of 8-12-09 was to recommend without any suggestions or conditions.
The Town Planner had the following comments: "The applicant is requesting a special use permit to use a vacant space at the Park Place Plaza for a jewelry shop. This plaza has ample parking and no site plan changes are proposed. No planning objections."
Albany County Planning Board's notification of 7-16-09 was to defer to local consideration.
Elizabeth Meppen, applicant, presented the case.
There was discussion regarding the hours of operation. Chairman Barber suggested 9am to 8pm to avoid the applicant coming back at a later date.
Chairman Barber stated that this was a very straightforward application.
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 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
Chairman Barber made a motion of non-significance in this Unlisted Action:
"This Board has conducted a careful review of this application by Elizabeth Meppen to open a jewelry shop at 2563 Western Avenue to determine whether the granting of the special use permit would have a significant negative impact upon the environment. This review consisted of the comments provided to us by Albany County Planning Board, the Town Planning Board, the Town Planner and also based upon our review of the application and the conducting of the public hearing. Based upon that record, I move that a negative declaration should be issued." Motion seconded by Jim Sumner. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
Chairman Barber made a motion for approval of:
Special Use Permit Request No. 4154
Request of Elizabeth Meppen for a Special Use Permit under the Zoning Law to permit: the use of 775sf of space within an existing shopping plaza known as Park Place as a retail jewelry store.
Per Articles III & V Sections 280-20 and 280-52 respectively
For property owned by: Frank Sgambellone
Situated as follows: 2563 Western Avenue Altamont, NY 12009
Tax Map # 39.00-2-21 Zoned: LB
The Board makes the following findings of fact:
A public hearing was duly noticed and held this evening. One person did attend the meeting and indicate their moral support for the application.
This is an Unlisted Action under SEQRA. The Board adopted a negative declaration by a unanimous vote.
Albany County Planning Board's determination of 7-16-09 was to defer to local consideration.
The Town Planning Board's site plan review of 8-12-09 was to recommend.
The Town Planner had no objections to the granting of this request.
The Board further finds that the proposed use is an allowed use in this Local Business zone.
The Park Place Plaza has site conditions which are preexisting and preapproved.
Therefore the granting of this Special Use Permit 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 operation shall be no greater than between 9am and 8pm.
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 Sue Macri. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
The Board approved the minutes of July 15, 2009. Vote 5 – 0. (Cupoli, Marcantonio absent, Cahill abstained)
SIGNS:
The Board approved a 43sf monument sign for 1st National Bank at 1973 Western Avenue. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
The Board approved a 28sf freestanding sign for Jehovah's Witnesses at 6167 Depot Road. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
The Board approved two subdivision identification signs for Bentwood; one at Van Wie Terrace at Bentwood Ct. West and one at Bentwood Ct. West at the Van Wie Terrace intersection. The Board approved contingent written approval by Todd Gifford. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
The Board approved a 9sf temporary banner for 5 days only for Little Caesars Pizza for a fundraiser to benefit Westmere Fire Dept. Vote 5 – 0. (Cupoli, Marcantonio absent, Cahill abstained)
The Board approved a 20sf identification sign for Elizabeth Ellen at 2563 Western Avenue. Vote 6 – 0. (Cupoli, Marcantonio absent, Cahill alternate)
The meeting adjourned at 8:05pm.
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