ZONING BOARD OF APPEALS Town of North Greenbush 2 Douglas Street Wynantskill, NY 12198 6:30 PM Attendance: John Dalmata, Chairman Richard French, William Fiacco, David Wilson, Leanne Hanlon (Secretary), Michael Miner (Building Department), Stephanie Piel (Legal Counsel). Chairman French opened the meeting with the Pledge of Allegiance and explained the Zoning Board function to the public. Old Business Application #11-003, the area variance of John J. Ray, Jr., 202 East Avenue, Saratoga Springs, NY 12866, for relief from minimum lot size requirements of 20,000 square feet for the purpose of creating a lot having 14,911 square feet with an existing single family home located on the parcel at the property located at 50 Mazoway Avenue in a RS district, having parcel ID# 123.9-4-2. Mr. Ray presented his application to the Board. This application was also before the Board in March. The board reviewed lot sizes in the area of the applicant s property. Mr. Ray provided a diagram of the home he would like to build. 1600 1700 square foot home and this size and layout appear to be similar to homes that exist in that area. Average lot size in the neighborhood is 19,418 which included the 6 abutting lots to this property. Sewer and water is present on the street to tie into per Mr. Miner. Public Hearing opened: Joe Mazoway: 11 Catherine St.: Since the last meeting he purchased 9 Catherine Street. He said he is in the same situation and would never apply or attempt to build a home on a lot that size because he feels it would devalue the other homes. Nancy Stockwell: 45 Mazoway Ave.: She is concerned about the traffic and congestion this would bring on a very narrow road. Chairman French noted there are 10 homes that use that section of road and this would bring it to 11 if approved. Joanne Guynup: She stated that since 1990 there have been 3 homes built in the immediate neighborhood that had to abide by the zoning regulations. 1 of 8
Motion to close the Public Hearing made by Mr. Fiacco and seconded by Mr. Wilson. All in favor. Motion carried. It was noted that the garage is not figured in the proposed square feet the applicant quoted. Chairman French stated that because it is at the Route 4 side there would be no additional traffic on the rest of the road. The square footage is within the average of the existing of the homes. Mr. Miner stated the county responded and it does not have an impact and local consideration will prevail., and traffic is at a minimum because it is close to Rt., 4 at the beginning of the road. Variance substantial: No, by the 50% rule it is not substantial. Adverse effect on physical or environmental: sewer and water on site, no drainage issues. Self Created: Yes, but does not preclude. Type II SEQRA, no action necessary. Conditions: New home needs to hook up to water and sewer on Mazoway. Home is limited to 1688 square feet, ranch style with option to put garage underneath. Limited to 3 bedrooms. Minimum of 412 roof pitch. Motion made to approve with conditions above by Mr. Wilson and seconded by Mr. Dalmata. Roll Call Vote: Dalmata, French, Fiacco, Wilson. New Business Application #11-006, the area variance of John Mackey, 114 South Waldron Lane, Wynantskill, NY 12198, for relief from right setback requirements of 30 feet for the purpose of constructing a deck 15 feet from the right side property line at the property located at 114 South Waldron Lane, having parcel ID#: 134.10-1-1 in an RS district. Mr. Mackey presented his application to the Board. He wants to expand the deck that is currently there because it is too small. Public Hearing Opened: 2 of 8
No one wishing to speak. Motion to close Public Hearing by Mr. Wilson and seconded by Mr. Dalmata. All in favor. Motion carried. County has not responded per Mr. Miner. Can benefits sought be achieved other than a variance: House configuration limits how he can expand, therefore no Variance substantial: no at 50%. Self Created: No Type II SEQRA Conditions: One year to begin. No additional stairs off the deck other than the ones currently there on south side. Motion made to approve with above conditions by Mr. Dalmata and seconded by Mr. Fiacco. Roll Call Vote: Dalmata, French, Fiacco, Wilson. All in favor, motion carried. Application #11-007, the area variance of CVS Albany, LLC, 576 North Greenbush Road, c/o Gary McCoy, Poyant, 125 Samuel Barnet Blvd., New Bedford, MA 02745, for relief from restrictions prohibiting more than two signs per business and limiting the maximum square footage of combined signage in order to install proposed signs at the CVS located at 576 North Greenbush Road, in a PC district. Richard Westergren represented the applicant. He explained that this is a new CVS and is scheduled to open soon. They want to advertise the drive-thru service on the building and because there is no free standing sign they need a building sign. They are requesting an additional lit sign reading drive-thru pharmacy on the building. On the drive thru canopy two sets of 9 inch high non-lighted which would identify the drive thru. Public Hearing opened: No one wishing to speak. Motion to close by Mr. Wilson and seconded by Mr. Dalmata. All in favor, motion carried. 3 of 8
ground mounted signs but it would not look presentable per Chairman French. Variance substantial: No only 1% of the wall Self Created: Yes, but does not preclude. Unlisted SEQRA action. Short SEQRA form required. Chairman French read all the questions for the board to answer. Motion for unlisted action-negative declaration made by Mr. Fiacco and seconded by Mr. Wilson. Conditions: Lit sign must be off one hour after close on south, Route 4 side. Sign must be off one hour after closing and not be relit until one hour before opening. One year separation. Motion made to approve with above conditions by Mr. Wilson and seconded by Mr. Fiacco. Application #11-008, the area variance of Michael J. Sanchez, 4 Burns Avenue, Wynantskill, NY 12198, for relief from code requirement prohibiting a garage located in the front yard for the purpose of replacing an existing garage with a larger garage in the front yard of 4 Burns Avenue, Wynantskill, having parcel ID#: 135.13-8-14 in an RS district. The applicant has a lot split by the road per Mr. Miner. Therefore the side he wants to put the garage on it is considered a front yard. Mr. Sanchez explained his application to the board. He would like to install a 20 x 24 garage. Public Hearing opened: No one wishing to speak. Motion to close made by Mr. Dalmata and seconded by Mr. Wilson. All in favor. Motion carried. Nothing from the county received per Mr. Miner. Chairman French made note that this property is one of the nicest kept in that neighborhood.. Variance substantial: No because it is consistent with what is there. 4 of 8
only improve it. Self Created: No Type II SEQRA action. Condition: Siding to match existing home. Removal of old garage. Motion to approve with conditions by Mr. Fiacco and seconded by Mr. Wilson. Roll call vote: All in favor, motion carried. Application #11-009, the area variance of Hannaford Brothers Co./ Saxton Sign Corporation, P.O. Box 163, East Greenbush, NY 12061, for relief from maximum square footage restrictions on signage for the purpose of installing additional signage at the Hannaford building located at 40 Main Avenue, in a BG district. Pat Bonnie -Saxton Signs presented the application. They would like to install a sign 18 illuminated letters stating they are a supermarket with pharmacy within. The sign would be 0.42 additional square feet. Public Hearing Opened: No one wishing to speak Motion to close Public Hearing by Mr. Dalmata and seconded by Mr. Fiacco. All in favor motion carried. Nothing from County per Mr. Miner. Variance substantial: No Self Created: Yes. Unlisted SEQRA Action. Short SEQRA form required. Chairman French read all the questions for the board to answer. Motion for unlisted action-negative declaration made by Mr. Dalmata and seconded by Mr. Fiacco. No conditions. 5 of 8
Motion made by Mr. Fiacco to approve and seconded by Mr. Dalmata. All in favor, motion carried. Application #11-010, the area variance of Dean Pierce, 11 Jordan Road, Troy, NY 12180, for relief from front setback requirements of 50 feet for the purpose of constructing an addition 32 feet from the front property line at the property located at 11 Jordan Road, having parcel ID#: 134.5-7-2 in a RS district. Mr. Pierce presented his application to the Board. He would like to extend his garage space and extend his living space and make some of the garage living space. No sewer and water is currently connected. Public Hearing Opened: No one wishing to speak Motion to close Public Hearing by Mr. Dalmata and seconded by Mr. Fiacco. All in favor No reply from county per Mr. Miner. Variance substantial: No Self Created: No Type II SEQRA Action Conditions: Siding will match existing. New roof on entire home so all will match. No business is to be run out of home One year separation Motion made to approve by Mr. Fiacco and seconded by Mr. Dalmata. Application #11-011, the area variance request of Steve Valente, L&M Management, 8957 NY 66, Averill Park, NY 12018, for relief from side setback requirements of 20 feet for the purpose of constructing a 1200 square foot building, 11 feet from the right side property line and the special permit request for the purpose of allowing an equipment repair business at the property 6 of 8
located at 397 Main Avenue, Wynantskill, NY, having parcel ID#: 124.6-8-11.1 in a BG district. Mr. Valente presented his application to the board. The existing house will be torn down and a building for equipment repair will be installed who is the proposed tenant. Mr. Valente stated he wanted to provide the most turnaround space possible. Public Hearing Opened: No one wishing to speak Motion to close public hearing made by Mr. Fiacco and seconded by Mr. Dalmata. No comment from county per Mr. Miner. Area variance: Variance substantial: No Self Created: Yes, but it is an improvement Unlisted action: Short SEQRA form required. Chairman French read all the questions for the board to answer. Uncoordinated review. Motion for unlisted action-negative declaration made by Mr. Dalmata and seconded by Mr. Fiacco. The applicant will go before Planning Board for site review. Conditions: One year separation. Motion to approve made by Mr. Fiacco and seconded by Mr. Dalmata. Special Permit: Mr. Miner stated applicant spoke with the fire marshal and he had no concerns with the day care so close but wants to review the building prior to CO. Hot work shielded from daycare. 7 of 8
No outside storage No flammable or combustible materials Motion to approve this SEQRA with previous SEQRA made by Mr. Wilson and seconded by Mr. Fiacco Motion made to approve application by Mr. Wilson and seconded by Mr. Dalmata. : October 2010: Motion to approve made by Mr. Wilson and seconded by Mr. Fiacco. All in favor, motion carried. March 2011 : Motion to approve made by Mr. Fiacco and seconded by Mr. Dalmata. All in favor, motion carried. Motion made to adjourn at 8:26pm by Mr. Dalmata and seconded by Mr. Wilson. 8 of 8