ZONING BOARD OF APPEALS Town of North Greenbush 2 Douglas Street Wynantskill, NY Meeting Minutes August 13, 2014

Transcription

1 ZONING BOARD OF APPEALS Town of North Greenbush 2 Douglas Street Wynantskill, NY Attendance: Tom McGraw, John Dalmata (absent), Steve Kirk, Richard French (Chairman), William Fiacco, Leanne Hanlon (Secretary), Jessica DiFiore (Legal counsel), Michael Miner (Building Department). Chairman French opened the meeting with the Pledge of Allegiance, roll call and explained the function of the to the Public. Old Business Application #14-34, for the area variance request of A.J. Signs (Tom Wheeler), 842 Saratoga Road, Burnt Hills, NY 12027, for the purpose of allowing an additional free standing sign at the property located at LaSalle Institute, 174 Williams Road, Troy, NY 12180, in an RM district, having parcel ID# Tom Wheeler discussed the application and explained that it could not be voted on last month because no county information had been received at that time. Public hearing occurred last month and a SEQRA determination was made as well last month. Article 239M from the county was needed last month. The county approved and signed the 16 th of July and no major impact and local consideration shall prevail. County also stated that the location noted on the map does not appear to be on LaSalle property so Chairman French stated to Mr. Wheeler to ensure that is not the case with LaSalle. Conditions: Conditions for LED: 11:00pm LED sign goes off with the exception of special events. Sign to come back on at 6:00am. No scrolls, no moving animations. Sign can only be changed 3 times a day. The red LED portion goes off between 11pm and 6am. Rt. 4 sign no lighting. Motion made to approve with above conditions made by Mr. Kirk and seconded by Mr. Fiacco. All in favor. Roll call vote: Kirk, French, Fiacco, McGraw. New Business Application #14-35, for the special permit request of Samantha McCarthy, Funflatables of North Greenbush, 27 Hidley Ave, Wynantskill, NY 12198, for the purpose of allowing a home based home occupation providing bounce rentals and other equipment to local communities, at the property located at 27 Hidley Ave, Wynantskill, NY 12198, in an RS district, having parcel ID#:

2 Page 2 Sam and Paco McCarthy explained her application to the Board. They are running a bounce house business and will be inflating and cleaning and maintaining the inflatables on their property. April to November business. They currently possess 8 of them and they are stored in a trailer in his driveway. The trailer is not lettered or marked at this time. Chairman French read town codes for home occupations. He is trying to determine where this would fit in on the list which he asked of the applicants and they answered all questions. Public Hearing Opened: Andrew Mair: Brinker Drive: he noted the code on the ones that are permitted and did not see. French asked him if there was anything that showed it was also NOT permitted. He stated exterior indication of the occupation when they are washing and cleaning them and the trailer is an exterior indication. Also exterior storage of the equipment would be in the trailer. He asked that SEQRA be considered. Chairman French stated a labeled vehicle in a driveway per the BD does not constitute exterior advertising and no different than a contractor parking his vehicle when he comes home for work. Mr. Miner asked how many he would have inflated to clean at one time and Mr. McCarthy stated only one at a time. Mr. Miner also stated that it would not be permitted if he had them up overnight and all the time and this will not be the case. The building department has made this determination. Motion to close public hearing by Mr. McGraw and seconded by Mr. Fiacco. County: Per Mr. Miner local consideration shall prevail, and wash water should be directed to lawns and catch basins. Applicant completed short env. assessment form and reviewed it with the applicant and board. Condition: limiting inflating and washing activities to day light hours. Signage would be limited and small and building department will give him the dimensions for the sign should he choose to have a sign. No more than 2 square feet. Unlisted SEQRA action per Chairman French. Motion for a negative declaration for env. impact by Mr. Fiacco and seconded by Mr. Kirk. Roll call vote: Kirk, French, Fiacco McGraw. Motion made to approve with above conditions by Mr. Fiacco and seconded by Mr. Kirk. All in favor motion carried. Application #14-36, for the special permit request of Robert Maggio, 16 Coyote Lane, Troy, NY 12180, for the purpose of allowing chickens in the backyard of the property located at 16 Coyote Lane, Troy, NY 12180, in an RS district, having parcel ID#:

3 Page 3 Mr. & Mrs. Maggio explained the application. They got the chickens on April and built and enclosure and a run 12 x 24. They have 7 hens and for pets for their sons and for the eggs. They ordered a barrel composter for waste They have a shed they keep the feed in. For the winter they will be in the coop. Chairman French stated they have had several applications but normally six is the limit so he is suggesting no more chickens. They did not know they needed a permit and someone did complain per the applicant. Public Hearing Opened: Mary Ann Bealy: 7 East Avenue. She stats the health dept. has been in the area because of rats but she feels other animals will be there in a different location and saw what they can do. She is very concerned about rats and coyotes that will be drawn to that. You don t need to raise chickens in an area where there are beautiful 400,000 homes. Judd Marte: 12 Coyote Lane and live next door. He stated he has not heard or smelled or seen the chickens and has no problem with them having them and doesn t feel there will be any more wildlife than normal. He also stated they he understands chickens eat ticks and that is great. Dr. Lisa Wiggins: local veterinarian: she states they become very much pets. She states rats will only come if it is not clean. Chairman French read a letter into record Dated : in support of Robert Maggio. Letter from Michele Marte. Mr. Miner stated that at least 18 of these have been approved over the last 3 years. He stated of the ones approved we have never had a complaint of any of them. The restrictions and conditions have helped with that. Also per Mr. County local consideration shall prevail and feed stock need to ne on a container to deter rodents. Public Hearing closed by Mr. McGraw and seconded by Mr. Fiacco. Applicants completed form at meeting. Unlisted SEQRA Action. Motion made to adjourn and reopen so applicant could complete SEQRA forms. SEQRA questions reviewed and answered by board. Motion made for neg. declaration on env. impact by Mr. Kirk and seconded by Mr. McGraw. All in favor motion carried.

4 Page 4 Conditions: pen must be enclosed on five sides. Feed must be stored and covered. Plan for removal and disposal of waste/compost. No more than 6 chickens except existing 7 may be kept until one departs. No roosters. Motion made to approve with above conditions by Mr. Kirk and seconded by Mr. McGraw. All in favor, motion carried. Application #14-37, for the area variance request of Lisa M. Wiggins, DVM, Four Paws Veterinary Care, 250 West Sand Lake Road, Wynantskill, NY 12198, for relief from front setback requirements of 15 feet for the purpose of allowing a sign to be located at the front property line, at the property located at 250 West Sand Lake Road, Wynantskill, NY 12198, in an AG/RU district, having parcel ID# Dr. Wiggins discussed her application. She said they have had numerous complaints that people cannot see the sign where it is currently located and that causes people to stop quickly and turn in. They have ordered a new sign and would like to relocate it. She doesn t feel it will impact any homes negatively but guests positively. Chairman French stated the board needs to look at how it will impact if at all traffic. Similar lighting as the current sign per applicant. Mr. Miner will also check once the new sign is in place to ensure there are no issues. Public Hearing opened: Mr. Miner stated that it is definitely a better placement of the sign because he knows where it is and it is a problem and a safety hazard. Andrew Mair: Brinker Drive: stated there is a concern with sign placement and the driveway and what side of the driveway will be. Just concerned that it may impeded someone pulling out. Motion to close public hearing made by Mr. McGraw and seconded by Mr. Kirk. County per Mr. Miner: local consideration shall prevail. Driveway visibility should be considered and Mr. Miner stated it is in no way an obstruction. Type II SEQRA. No action is required. Benefits sought be achieved by other method: No Substantial: No

5 Page 5 Conditions: Lighting ground angled or internally lit. Lighting only the face of the sign. Motion made to approve with above conditions by Mr. McGraw and seconded by Mr. Kirk. All in favor, motion carried. Application #14-38, for the area variance request of James W. Russell, 6 Worthington Blvd., Wynantskill, NY 12198, for the relief from height restrictions of a fence in a front yard, for the purpose of allowing a 6 foot fence to be located in the front yard of the corner lot located at 6 Worthington Blvd., in an RS district, having parcel ID#: Mr. Russell explained his application. He wants to fence side yard with picket fence. And a 6 foot fence on the other side for kids playing baseball so neighbors have privacy. He has a corner lot so that is his front yard. He gave the board photos of his lot to review and states there is no neighbor there right now on one side. Public Hearing opened: Curt Rice: 130 West Sand Lake road. He has no objection to the fence. Motion made to close public hearing by Mr. Kirk and seconded by Mr. McGraw. Mr. Miner: per county local consideration shall prevail and the fence cannot block the roadway where people cannot see. Mr. Miner states there is no line of site issues there at all. Type II SEQRA Benefits sought be achieved by other method: No- Substantial: No Conditions: corner clip be kept back and must be approved by highway superintendent and building inspector. Motion made to approve with above conditions made by Mr. Kirk and seconded by Mr. McGraw. Roll Call vote: Kirk, French, Fiacco, McGraw. Application #14-39, for the area variance of DeGraff Bloom Builders, 2218 UD Rt 9, P.O. Box 127, Round Lake, NY 12151, for relief from restrictions prohibiting a sign of more

6 than 6 square feet, for the purpose of allowing a 24 square foot sign to be located at the entrance of the development known as Birchwood Hills, 1 Birch Court, in an RS district. Page 6 Tom Filkins represented DeGraff Bloom Builders. He explained the application to the board. They would like to have a sign at Winter St. and North Road for the development. It will be a temporary sign that would be there no longer than 4 years per Mr. Filkins. Public Hearing opened: No one wishing to speak. Motion made to close public hearing by Mr. Kirk and seconded by Mr. McGraw. County per Mr. Miner: local consideration shall prevail. Benefits sought be achieved by other method: No Substantial: No because it is a standard size sign used for construction. Unlisted SEQRA action. Questions reviewed by board part 1 and 2. Motion made for a neg env. declaration by Mr. McGraw and seconded by Mr. Kirk. All in favor. Roll call vote: French, Kirk, McGraw, Fiacco. Motion made to approve by Mr. McGraw and seconded by Mr. Kirk. Roll Call vote: Kirk, French, Fiacco, McGraw. Application #14-40, for the area variance request of Winter Whiteview, LLC, 9 Killkenny Ct., Schenectady, NY 12309, for relief from rear setbacks of 20 feet for the purpose of allowing the construction of a deck 14 feet from the rear property line at the property located at 88 Lorenzo Drive, Troy, NY 12180, in a PDD district, having parcel ID#: Application #14-41, for the area variance request of Winter Whiteview, LLC, 9 Killkenny Ct., Schenectady, NY 12309, for relief from rear setbacks of 20 feet for the purpose of allowing the construction of a deck 14 feet from the rear property line at the property located at 90 Lorenzo Drive, Troy, NY 12180, in a PDD district, having parcel ID#: Mr. Miner explained that Mark Van Vleck could not be here tonight and the board will review the applications anyway and will be reviewed together because there have been so many other similar applications that are almost exact in this development.

7 Type II SEQRA, no action Page 7 Public Hearing opened Motion made to close public hearing by Mr. Kirk and seconded by Mr. McGraw. Benefits sought be achieved by other method: No Substantial: No County: per Mr. Miner local consideration shall prevail. Conditions: Consistent material and privacy screening between two units. Motion made to approve both with above conditions by Mr. Kirk and seconded by Mr. McGraw. All in favor. Roll Call vote: Kirk, French, Fiacco, McGraw. Application #14-42, the application of Thomas Paone, 28 Brookside Ave, Wynantskill, NY and Robert G. Gaito, 18 Forrest Hills Blvd., Rensselaer, NY 12144, including: 1.) The use variance request for the purpose of allowing a used car dealership, having used cars, classic cars and performance automobiles; 2.) The special permit request for the purpose of allowing classic storage and automobile repair services; 3.) The area variance request for relief from 100 foot buffer requirement for the purpose of allowing a 50 foot buffer to the RM district. The requests are for the property located at 97 North Greenbush Road, in a BG district, having parcel ID#: Per Michael Miner this application has been tabled. Motion made to approve July minutes by Mr. Kirk and seconded by Mr. McGraw. Motion made to adjourn at 8:31pm by Mr. McGraw and seconded by Mr. Kirk.