TOWN OF GUILDERLAND ZONING BOARD OF APPEALS MARCH 21, Jacob Crawford Sharon Cupoli Sindi Saita Gustavos Santos Stephen Albert, Alternate

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1 TOWN OF GUILDERLAND ZONING BOARD OF APPEALS MARCH 21, 2018 Members Present: Thomas Remmert, Chairman Jacob Crawford Sharon Cupoli Sindi Saita Gustavos Santos Stephen Albert, Alternate ********************************************************************** Chairman Remmert noted the fire exits in the event they were needed. *********************************************************************** NEW CASES: MATTER OF GUILDERLAND TOWING 4503 WESTERN TURNPIKE Jake Crawford 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: Special Use Permit Request No Request of Guilderland Towing for a Special Use Permit under the Zoning Law to permit: the use of a previously approved landscaping facility as a towing service. Per Articles IV & V Sections & respectively For property owned by Walter F Marriner Situated as follows: 4503 Western Turnpike Altamont, NY Tax Map # Zoned: RA3 Plans open for public inspection at the Building Department during normal business hours. Said hearing is to take place on the 7 th of March, 2018 at the Guilderland Town Hall beginning at 7:00pm. (Rescheduled to tonight due to cancellation of meeting due to snow) Dated: January 26, 2018 The file consists of the mailing list to 12 neighboring property owners, the Town s required forms for a special use permit along with a Short Environmental Assessment Form under SEQRA, Albany County Planning Board s notification of 2/15/18, the Town Planning Board s site plan review of 2/14/18, a project narrative and various plans and drawings of the property. Page 1

2 The Albany County Planning Board s recommendation was to defer to local consideration. The Town Planning Board s site plan review was to recommend with the following conditions: Provide detailed landscaping plan identifying the location and type of material to be planted. Provide detail of the type of surface proposed for vehicle storage area. The existing interior floor drain may need to be closed and/or sealed to eliminate any potential groundwater discharges of wastewater. Walter Marriner presented the case. Mr. Marriner gave a brief overview of the project. There was discussion regarding the floor drains. Mr. Marriner stated that there would be no cars on site longer than 30 days. This will not be a junkyard or a salvage yard. Chairman Remmert asked if there were any questions or comments from the residents. Joe Masterson of 4489 Western Turnpike spoke about the previous use of the property and was concerned about all the trucks and vehicles on the property. He also had concerns regarding the lack of a tree line and privacy and requested that a fence be put along his driveway. Mrs. Masterson also stated that this was a commercial business in a residential area. Mr. Marriner stated that installing a fence along Mr. Masterson s driveway would be very costly. Mr. Marriner stated that in the summertime the neighbors are shielded with vegetation. He stated that he could put a berm in the back corner and plant spruce trees in the back corner. Chairman Remmert asked what the hours of operation would be. Mr. Marriner replied 8am to 4pm, but they sometimes go in at night and drop a vehicle off and leave. There was discussion regarding the placement of fencing to shield the cars from the neighbor s house and driveway. Jeff McLaughlin of 257 Church Road supported the neighbor s concerns. Chairman Remmert asked the applicant if he would be willing to install a fence or berm and trees to shield the cars from the neighbors. Mr. Marriner replied that he would install the berm and trees and check the pricing on fencing. Page 2

3 Chairman Remmert made a motion to close the public hearing. Motion seconded by Sharon Cupoli. Vote 5 0. Chairman Remmert made a motion of non-significance in this Unlisted Action: This Board has conducted a careful review of the application to determine whether the granting of a special use permit to permit a towing service would have a significant negative impact upon the environment. In conducting this review, this Board has considered comments provided to us by the applicant, neighboring property owners, the Town Planning Board, the Albany County Planning Board and our review of the application. Based upon this collective record, I move that a negative declaration be issued. Motion seconded by Gus Santos. Vote 5 0. Chairman Remmert made a motion for approval of: Special Use Permit Request No Request of Guilderland Towing for a Special Use Permit under the Zoning Law to permit: the use of a previously approved landscaping facility as a towing service. Per Articles IV & V Sections & respectively For property owned by Walter F Marriner Situated as follows: 4503 Western Turnpike Altamont, NY Tax Map # Zoned: RA3 In rendering this decision, the Board makes the following findings of fact: A public hearing was duly noticed and held this evening. Three residents provided oral comments regarding the application, no written comments were received. The Board adopted a negative declaration under SEQRA by a unanimous vote. Parking on site is sufficient for the intended use. Based on these findings, I move that the Board grant this Special Use Permit with the following conditions: The property owner shall add a berm and spruce trees to shield the neighboring property. Said berm and trees will be placed near the property line with the neighboring property and along the vehicle storage area that faces the neighboring property. This shall be completed by 9/30/18. Adherence to the plans and application as submitted and all representations made here tonight to the Board. Verification of the existence or install oil separator in floor drain if one does not already exist. Page 3

4 Additional landscaping shall be satisfactory to the Zoning Administrator. Maintenance of the appropriate supplies on site for petroleum type spills. The storage of cars shall be limited to the current paved area. The hours of operation shall be from 7am to 6pm Monday through Saturday with incidental use after hours for the drop off of towed vehicles. Adherence to all environmental regulations related to the operation of a towing facility. The Zoning Administrator is hereby authorized to take necessary actions to implement this decision. Motion seconded by Gus Santos. Vote 5 0. MATTER OF GREG S TOWING 5670 DEPOT 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 IV & V of the Zoning Law on the following proposition: Special Use Permit Request No Request of Greg s Towing for a Special Use Permit under the Zoning Law to permit: the use of a previously approved metal fabrication facility as a towing service. Per Articles IV & V Sections & respectively For property owned by Greyvon Enterprises LLC Situated as follows: 5670 Depot Road Voorheesville, NY Tax Map # Zoned: IN Plans open for public inspection at the Building Department during normal business hours. Said hearing is to take place on the 7 th of March, 2018 at the Guilderland Town Hall beginning at 7:00pm. Dated: February 5, 2018 The file consists of the mailing list to 19 neighboring property owners, the Town s required forms for a special use permit along with a Short Environmental Assessment Form under SEQRA, Albany County Planning Board s notification, the Town Planning Board s site plan review, a project narrative and various drawings and plans of the property. Page 4

5 Albany County Planning Board s recommendation was to modify local approval to include: Submission of an agricultural data statement to the Town as required by Town Law for site plan, special use permit, use variance, and subdivision approval of sites within 500 of a farm operation located in an agricultural district. Depending on the size of the proposed steel fuel oil tank, review by the NYSDEC to determine potential jurisdiction under bulk petroleum storage regulations. The Town of Guilderland Planning Board site plan review was to recommend with the following conditions: Identify on plans where towed vehicles and tires will be stored and how they will be screened from view. A detailed landscaping plan should be provided for any proposed screening. Cindi Elliot, land surveyor, presented the case. Ms. Elliot presented and displayed photos of the site; the operation currently exists in Voorheesville. The hours of operation will be Monday Friday from 7am to 5pm, Saturday 8am to noon with no hours on Sunday. On occasion, an emergency drop off may be necessary after hours. Ms. Elliot stated that a fence will be added to the north to screen the operation from view. The existing quonset hut will have a new skin applied to the frame and be used for tire storage. The existing evergreens will remain. This application does not include any activity or modifications on the self storage property to the rear. Greg Davis, owner of the operation, confirmed that all fuel products will be stored inside the building. The property was previously used for HVAC material fabrication but all products related to the use have been removed. There was discussion regarding the storage of vehicles. Ms. Elliot stated that they can store 10 vehicles in the building. The towing operation will utilize one flatbed truck. Jake Crawford asked about the tire pickup. Mr. Davis replied the pickup will occur based on demand. The hut could contain up to 80 tires. Chairman Remmert asked if there were any questions or comments from the residents. There were none. Chairman Remmert made a motion to close the public hearing. Motion seconded by Jake Crawford. Vote 5 0. Chairman Remmert made a motion of non-significance in this Unlisted Action: This Board has conducted a careful review of the application to determine whether the granting of a special use permit to permit a towing service would have a significant negative impact upon the environment. In conducting this review, this Board has considered comments provided to us by the applicant, the Town Planning Board, the Albany County Planning Board and our review of the application. Based upon this Page 5

6 collective record, I move that a negative declaration be issued. Sharon Cupoli. Vote 5 0. Motion seconded by Chairman Remmert made a motion for approval of: Special Use Permit Request No Request of Greg s Towing for a Special Use Permit under the Zoning Law to permit: the use of a previously approved metal fabrication facility as a towing service. Per Articles IV & V Sections & respectively For property owned by Greyvon Enterprises LLC Situated as follows: 5670 Depot Road Voorheesville, NY Tax Map # Zoned: IN In rendering this decision, 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. The Board adopted a negative declaration under SEQRA by a unanimous vote. Based on these findings, I move that the Board grant this Special Use Permit with the following conditions: Fencing to be added as indicated on the revised plan to be completed by 8/31/18. Car storage shall be limited to impervious surfaces. Adherence to all environmental regulations related to the operation of a towing facility. Adherence to the plans and application submitted and all representations made here tonight to the Board. The hours of operation will be Monday Friday from 7am to 5pm, Saturday 8am to noon plus incidental use after hours for dropping off towed vehicles. The Zoning Administrator is authorized to take necessary actions to implement this decision. Motion seconded by Gus Santos. Vote 5 0. MATTER OF CELLCO PARTNERSHIP SCHOOLHOUSE ROAD Sindi Saita 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: Page 6

7 Special Use Permit Request No Request of Cellco Partnership d/b/a Verizon Wireless for a Special Use Permit under the Zoning Law to permit: the installation of a 46 tall utility pole with a single small cell antenna and related equipment within an Albany County highway right-of-way. Per Articles IV & V Sections & respectively For property owned by Albany County Situated as follows: Schoolhouse Road (near Strawberry Lane) Albany NY Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7 th of March, 2018 at the Guilderland Town Hall beginning at 7:00pm. Dated: February 2, 2018 The file consists of the mailing list to 79 neighboring property owners, the Town s required forms for an area variance and special use permit including a narrative, site plan, radio frequency analysis, a Short Environmental Assessment Form with a visual EAF addendum, documentation of public utility status, documentation of personal wireless service facility status and Federal Telecommunications Act of 1996, radio station authorization, safety report, tower removal and bond commitment letter, site plan drawings and Albany County Planning Board s notification. Albany County Planning Board s notification of 2/15/18 was to defer to local consideration. Chairman Remmert stated that since this tower will be located in a right-of-way, technically the property is not zoned and therefore there are no variances needed. Dave Brennan of Young Sommer Law Firm presented the case. Mr. Brennan stated that the proposed installation is intended to increase capacity of the network. This designed will be an alternative to erecting a new full size telecommunication facility. This is an existing National Grid pole which will be replaced with a new pole with the antenna mounted on top. Chairman Remmert asked if there were any questions or comments from the residents. There were none. Chairman Remmert stated that the TDE would review the application. Mr. Brennan agreed to fund the service of the TDE for the review of the application. Chairman Remmert made a motion to continue the public hearing until April 18, Motion seconded by Sharon Cupoli. Vote 5 0. Page 7

8 MATTER OF MIRON HOLDINGS LLC 60 & 62 RAILROAD AVENUE Steve Albert 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 Request of Miron Holdings for a Special Use Permit under the Zoning Law to permit: the construction of 65,000sf of warehouse space including accessory offices. Per Articles III & V Sections & respectively For property owned by Miron Holdings LLC Situated as follows: 60 & 62 Railroad Avenue Albany, NY Tax Map #s & Zoned: Ind Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 7 th of March, 2018 at the Guilderland Town Hall beginning at 7:00pm. Dated: February 23, 2018 The file consists of the mailing list to 9 neighboring property owners, the Town s required forms for a special use permit along with a Short Environmental Assessment Form under SEQRA, Albany County Planning Board s notification, the Town Planning Board s review, a narrative and various drawings and plans of the property. Albany County Planning Board s notification of was to modify local approval to include: 1) Notification of the special use permit should be sent to all adjacent municipalities (City of Albany and Town of Colonie), and 2) A Notice of Intent filed with NYSDEC affirming that a Stormwater Pollution Prevention Plan has been prepared is being implemented or submission of a Stormwater Pollution Prevention Plan that is consistent with the requirements included in the NYSDEC SPEDES General Permit for Stormwater Discharges (GP , January 29, 2015) for construction activities that disturb more than one acre of land. The Town Planning Board recommended approval with the following conditions: A note should be placed on the plan identifying that the site is subject to an environmental easement between Albany Miron Lumber Corporation and NYSDEC and that the site is further governed by a Site Management Plan. Identify the area of no soil disturbance on the plans. Linda Stancliff of the Chazen Company presented the case. This is a special use permit request for a shovel ready site; currently there is not a tenant, but the applicant is seeking a tenant and the special use permit would aid in marketing this site for a potential tenant. They have prepared a site plan that will fulfill any tenant s requirements, Page 8

9 including warehouse space and office space with parking in the front along Railroad Avenue and loading in the rear. There would be a new landscape buffer and a sidewalk added along Railroad Avenue. There is a soil disturbance restriction in a DEC monitored area to the corner of the lot. Sharon Cupoli asked if anything would be done to the site in preparation for a tenant. Ms. Stancliff stated that they are seeking approval of the site plan as it stands; if there are any changes after approval, a request for an amendment would be made before the Board. Chairman Remmert asked if there were existing buildings on the site. Ms. Stancliff stated that there were buildings on site and they would be removed for implementation of this request. Jake Crawford asked if they were looking to lease the space or sell the space. Ms. Stancliff replied that the applicant wishes to lease the space. Chairman Remmert asked if there were any questions or comments from the residents. Donald Csaposs, CEO of the Guilderland IDA noted that this location is the subject of a Railroad Avenue revitalization study. The Guilderland IDA supports redevelopment of this site. Chairman Remmert made a motion to continue this public hearing until April 18, Vote 5 0. MATTER OF JOSEPH RIITANO 6232 JOHNSTON ROAD Gus Santos 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: Special Use Permit/Variance Request No Request of Debra & Joseph Riitano for a Special Use Permit/Variance under the Zoning Law to permit: the construction of a 72 unit Residential Facility-Independent Living development. Variances are requested for (1) 3-story, 37ft high buildings where 2.5-story, 35ft high buildings are permitted and (2) 14ft high site lighting where 10ft is permitted. Per Articles III, IV & V Sections , , , & respectively For property owned by Debra & Joseph Riitano Situated as follows: 6232 Johnston Road Albany, NY Tax Map # Zoned: RO40 Page 9

10 Plans open for public inspection at the Building Department during normal business hours. Said hearing will take place on the 21 st of March, 2018 at the Guilderland Town Hall beginning at 7:00pm. Dated: March 14, 2018 The file consists of the mailing list to 102 neighboring property owners, the Town s required forms for a special use permit along with a Short Environmental Assessment Form under SEQRA, a project narrative and various drawings and plans of the property including information regarding existing conditions. The file also contains three letters from residents regarding the application, notification from Albany County and the Town Planning Board s site plan review. The Albany County Planning Board had the following comments: Modify local approval to include: 1) While the special use permit for property is within the powers of the local municipality; the town needs to consider the impact on adjacent properties from the proposed development. The area of the town along CR 203 is characterized by low lying, wet soils, a high water table and a history of flooding on residential properties due to surrounding developments that send drainage to this area. 2) The addition of impervious surface from any development on the property will exacerbate the problem for drainage in that area. While appropriate stormwater management practices must be consistent with the NYS Stormwater Management Design Manual for any project that disturbs more than one acre; the town should consider more information regarding the necessary stormwater management practices before approving a significant special use permit. The applicant should clarify what type of stormwater management system is being proposed. Has project planning determined that the selected system is suitable given site conditions? Were runoff reduction options considered as per the NYS Stormwater Management Design Manual? Also, information should be provided on where the outlet structure will be, and it should be demonstrated how stormwater runoff will be conveyed to the management area. In particular, more information is needed on how runoff from the westerly parking lot will be handled, as no stormwater management basin is shown adjacent to that parking area. Maintenance of the stormwater management system, and formal designation of maintenance responsibility, are key considerations in project planning also. In addition to stormwater management considerations, erosion and sediment control and construction site waste management must be detailed to prevent any discharge of contaminants to Johnston Road (County Route 203) and its drainage system. Albany County DPW requests to review SWPPP as a part of the highway work permit approval process. It will be required to demonstrate that no backup in flow will occur in the drainage ditch that extends from Johnston Road (CR 203) along the north/east edge of the property. This ditch contains a fairly minimal grade, so no net increase in flow will be allowed. It is noted that there are several federal wetlands Page 10

11 delineated on the project property, which are hydrologically connected to the aforementioned drainage ditch from Johnston Road. Flow characteristics to these wetlands will be altered, and the effect of these alterations must be evaluated and documented. It may be that the size of the stormwater management system needed due to the physical conditions will reduce the amount of buildable land area and reduce the number of units that can be accommodated. Any approval for the number of units allowed should be conditioned on the actual buildable area of the property due to physical constraints so as not to negatively impact surrounding properties and the CR 203 drainage system. 3) The trip generation numbers provided in the narrative are less than half of the ITE Trip Generation 9 th Ed. Results. Based on the ITE Trip Generation the traffic generated would be 15 trips in the am peak hour and 19 pm peak hour generating 258 weekday trips. Trips outlined in narrative should be explained with necessary back-up. 4) The proposed parking lot size exceeds the minimum required size by 24 spaces. These spaces could be banked for runoff reduction. The town should consider allowing further banking, if supported by studies of parking lot usage at similar developments nearby. 5) Sight distance to the left could become a problem if vegetation were allowed to grow on the inside of the curve. A vegetation control scheme should be developed that won t affect the adjacent federal wetland. 6) Prior to site plan review for the proposed multifamily project the applicant should work with the Albany County DPW to locate and redesign the curb cut from a residential to commercial curb cut. Albany County DPW will require an engineered sight distance study for their use to locate the final placement of the curb cut along County Route 203. Advisory notes: 1. The town should consider the precedent setting impact to surrounding property. There is a larger 11.5 acre single family parcel, zoned RO40, located adjacent to the proposed special use permit. 2. The town may want to consider that the proposed project address the requirements for common open space and recreational activities under the new town zoning amendments for multifamily zone requirements. The Town Planning Board recommended with the following conditions: Provide a separate 5 wide concrete sidewalk along the northerly side of the entrance from Johnston Road to the apartment buildings. Consider pursuing 3-story buildings to reduce footprint and overall lot coverage and improve site traffic circulation. Verify proposed driveway location on Johnston Road with Albany County. It appears that sight distance may be improved by shifting driveway to the northeast. Page 11

12 Joe Bianchine of ABD Engineers presented the case. The use has previously been determined by the Board to be allowed in this zone with a special use permit. Mr. Bianchine gave a brief overview of the project. The applicant intends to subdivide the project site from his current residential address. The buildings will be set back significantly from Johnston Road yet maintain setbacks to adjacent rear properties. Mr. Bianchine stated that the Town Planning Board suggested three-story buildings to reduce the footprint and provide more greenspace around the building. The parking ratio used was wrong, so the applicant is willing to reduce the quantity of spaces to be developed and will bank some of the spaces. Access to the facility will include a private road out to Johnston Road; the owner will be responsible for all of the maintenance of the road. When the weather permits, the anticipated wetlands on the site will be delineated with the Army Corps of Engineers. They are asking for a variance for 14 lighting poles to minimize the quantity of poles necessary to provide adequate coverage. Mr. Bianchine stated that they are proposing a sidewalk from the facility out to and along Johnston Road. Mr. Bianchine stated that all stormwater will be controlled on site in retention basins. The County drainage system will be unaffected. They will be preparing a full SWPPP. There was discussion regarding recreation areas. Mr. Bianchine stated that outdoor recreation areas are proposed on site as well as interior community spaces. There was discussion regarding fire and emergency access. Chairman Remmert asked if there were any questions or comments from the residents. Sandy Smith of 287 Church Road, opposed to the application, a long time resident of Guilderland, had many concerns with the application including light pollution, displacement of wildlife, control of water runoff, the choice of three-story design, fire department access/demand and traffic. Mr. Bianchine stated that they would submit an updated set of plans for review. Chairman Remmert made a motion to continue the public hearing to a date to be determined and appoint Delaware Engineering as the TDE. Motion seconded by Sharon Cupoli. Vote 5 0. SIGNS: The Board approved a sign at 1853 Western Ave. for Chroma Salon and Spa. Vote 5 0. The Board approved a temporary banner at the corner of Rt. 146 & Depot Road for 16 weeks for First United Methodist Church of Voorheesville for Farmer s Market. Vote 5 0. The meeting adjourned at 9:30pm. Page 12

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