TOWN OF BETHLEHEM
John Clarkson
Town Supervisor
Zoning Board of Appeals Minutes
Daniel W. Coffey
Wednesday, January 21, 2015
7:00 PM
Chairman
I.
Call to Order
A Regular Meeting of the Zoning Board of Appeals of the Town of Bethlehem was held on the above
date at the Town Hall Auditorium, 445 Delaware Avenue, Delmar, NY. The Meeting was called to order
at 7:00 PM.
Attendee Name
Daniel Coffey
Holly Nelson Lutz
David R. DeCancio
Matthew C. Watson
George T. Harder
Michael Moore
Kathleen Reid
Mark Platel
II.
Title
Chairman
Board Member
Board Member
Board Member
Board Member
Planning/Zoning Board Counsel
Assistant to the Zoning Board of Appeals
Assistant Building Inspector
Status
Present
Present
Present
Present
Present
Present
Present
Present
Arrived
Public Hearings
A. Public Hearing continuation for an application submitted by Antonino Catalano Sr. for a
proposed gas station /convenient mart located at 194 River Road, for an area variance
under Article V, Section 128-39 (C), Accessory Uses; Article XIII, Section 128-100 Yard &
Bulk Requirements.
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of Appeals of the Town of Bethlehem, Albany
County, New York will hold a Public Hearing on Wednesday, January 21, 2015 at
7:00 PM, at the Town Offices, 445 Delaware Avenue, Delmar, New York, to take
action on an application by Anthony Catalano. Applicant would like to construct a
convenient mart/gas station located at 194 River, Glenmont, the proposed project
would not meet set back requirements under Article V, Section 128-39 (C),
Accessory Uses & Article XIII, Section 100, Yard and Bulk Requirements.
The Applicant is proposing to renovate an existing vacant building into apartments
and a convenience store which will include a new freestanding canopy and kiosk.
The canopy in this application is considered a main structure and will be setback 34
feet from the front yard property line - 16 feet shy of the 50 feet required. It will be
12 feet from the rear property line or 38 feet shy from the 50 feet required. The
kiosk which is an accessory structure will be setback 13 feet from the front property
line, 37 feet shy of the 50 feet required. The property is located in a Rural Light
Industrial Zoning District.
Tony Trimarchi, Designer & Survey Party Chief, spoke on behalf of the Applicant, Anthony
Catalano, who was also available to answer questions from the Board. Traffic impact,
ingress/egress onto River Road, parking, type of fuel, safety concerns and type of rental
units were discussed along with the need for a gas station/convenient mart at that location.
The following resident(s) spoke in opposition:
Terri Zuelsdorf - 109 Retreat House Road
Timothy Zuelsdorf - 109 Retreat House Road
The following resident(s) spoke in favor:
Christopher Carner - representing DeMartini Oil Equipment located at 214 River Road and
parcel adjacent to site.
The Application will be on the Albany County Planning Board (ACPB) February 19th meeting
agenda.
If the Board of Appeals approves the Application it will go before the Town of Bethlehem
Planning Board for a site plan review. A motion to keep the Public Hearing open until ACPB
has weighed in was made by Mr. Harder, Seconded by Mr. DeCancio with all in favor.
RESULT:
KEPT OPEN
B. Public Hearing continuation for an application submitted by Delmar Family Practice, Dr Peter
Forman - 1499 New Scotland Road for a use variance under Article V, Section 128-30, uses
in a Core Residential District.
The application was originally before the Board for a Public Hearing on January 7, 2015 - for
a use variance - at that time the Public Hearing was kept open and the Board requested a list
of allowable uses for the building, the volume of patients for the Doctors practice,
demolition & restoration costs, summary of church uses, traffic & sound impacts, apartment
rental information and location of parking.
Tom Andress of ABD Engineering reviewed the requested material submitted with the
Board. Mary Beth Slevin representing the United Methodist Church and Dr. Forman were
available to answer questions. Signage, church windows, location of the driveway, peak
hours of daily use and alternative uses were addressed.
The following residents spoke in favor of the variance:
Alice Howes - 1498 New Scotland Road
Mark Flood - 1496 New Scotland Road
Viki Folger - 1470 New Scotland Road
Michael Convertino - 1489 New Scotland Road
The Board will vote on the project under the "Discussion" part of the agenda.
The Public Hearing was closed as follows:
Meeting of Wednesday, January 21, 2015
Page | 2
RESULT:
MOVER:
SECONDER:
AYES:
CLOSED [UNANIMOUS]
Matthew C. Watson, Board Member
George T. Harder, Board Member
Coffey, Lutz, DeCancio, Watson, Harder
III.
Applications - Review and Possible Public Hearing Scheduling
IV.
Resolutions

WINDSOR DEVELOPMENT GROUP - 1319 NEW SCOTLAND ROAD
RESOLUTION
***
*
WHEREAS, an application has been filed with the Zoning Board of Appeals of the Town
of Bethlehem, Albany County, New York (“the Board”) seeking a Variance under Article XIII,
Use and Area Schedules, 128-100, Schedule of Area, Yard and Bulk Requirements (Hamlet
District, maximum height) requested by Windsor Development Group (“Applicant’) for
property at 1309, 1319 and 1329 New Scotland Road, Slingerlands, New York; and,
WHEREAS, the Board, acting on said application, duly advertised in the Spotlight and
sent written notice to all persons listed in the petition as owning property within 200 feet of
the premises in question and held a public hearing on said application at the Town Hall, 445
Delaware Avenue, Delmar, New York on January 7, 2015; and,
WHEREAS. Members of the Board are familiar with the area in which the proposed
construction is to be done and the specific site of same; and,
WHEREAS, all those desired to be heard were heard and their testimony duly recorded
at the above hearing; now therefore,
BE IT RESOLVED, that the Zoning Board of Appeals makes the following Findings of Fact
and Conclusions of Law in this matter:
FINDINGS OF FACT
Meeting of Wednesday, January 21, 2015
Page | 3
Applicant is proposing to construct a mixed-use building with a pitched roof at a height
of 42.5 feet, which is 7.5 feet above the 35 foot maximum height allowed by the Town Code
in the Hamlet District. Residential structures on the property would be removed for the
project.
Chris Longo of Ingalls and Associates, along with David Sussman and Bob Miller of
Windsor Development, spoke in favor of the application.
Applicant is also the developer of the nearby Price Chopper plaza and “Hamlet”
apartment complex on New Scotland Road.
The subject building would contain multi-family residential units and “flex” space; and
would be three stories in height transitioning to two stories. The height variance is
requested for the three story portion of the building. Applicant has discussed the building
design with both the Town Development Planning Committee and the Town Planning Board.
At the Planning Board’s November 18, 2014 meeting, Applicant presented two building
elevation options: a pitched roof on the three-story portion of 42.5 feet and a flat roof of 35
feet. The Planning Board directed the Applicant to pursue the pitched roof design,
recognizing that it would require an area variance (height), and finding that this design was
consistent with the adjacent “Hamlet” apartment complex and other smaller buildings in the
area.
By memorandum to the Board dated January 7, 2015 the Town Director of Planning
indicated his support for the pitched roof design; referring to the December 2006 planning
document “New Scotland Road Hamlet Community Charrette: Development Options and
Design Studies” and the Town Code’s Hamlet District Guidelines (section 128-33 E [14]),
which provides, in part: “New buildings should have a roof shape similar in proportion, form
and character to that . . . of the existing structures having frontage on the same corridor…
and; [d]ead-flat roofs are generally inconsistent with the existing character of the Town and
Meeting of Wednesday, January 21, 2015
Page | 4
should be avoided.”
A representative of the homeowners’ association for the adjacent Terramere residential
development on New Scotland Road testified in support of the application. Other residents
of New Scotland Road testified in opposition to the application.
By Recommendation dated December 18, 2014 (Case No. 4-141202136) the Albany
County Planning Board deferred to local consideration on the application.
CONCLUSIONS OF LAW
Based on the above Findings of Fact, and after reviewing the application, sketches
and plans submitted, testimony at the hearing, and other documents submitted by the
Applicant, the Board determines that the proposed variance (Hamlet District, maximum
building height) will be granted.
The Board has determined that the requested variance will be a benefit to the
Applicant in its continuing plans to redevelop a significant portion of land in the Town’s New
Scotland Road corridor. The design of the proposed building is consistent with the adjacent
apartment complex, with the Town Code’s Hamlet Design Guidelines, with Town planning
documents and is supported by Town Planning Staff and the Town Planning Board. The
pitched roof at 42.5 feet will have no detrimental impact on the health, safety or welfare of
the community and the neighborhood, but will enhance the appearance of this project and
the adjacent neighborhoods.
The aesthetic benefit sought by the Applicant for its project with a pitched roof
design cannot be achieved by some method other than a variance.
The requested variance will have no adverse effect on the physical or environmental
conditions in the neighborhood.
Meeting of Wednesday, January 21, 2015
Page | 5
The requested variance is the minimum that is necessary and adequate to the
Applicant’s needs, while still preserving the character of the neighborhood.
The alleged difficulty necessitating the requested variance has not been created by
the Applicant. Town planning staff and the Town Planning Board have indicated their
preference for the pitched roof design.
The proposed building is a “Type II” action under the NY State Environmental
Quality Review Act (“SEQRA”) (6 NYCRR 617.5 [c] [12]), and no environmental impact review
is required.
The requested variance (Hamlet District, maximum height) is GRANTED, on the
following conditions:
1.
The proposed construction will be completed in accordance with the plans,
specifications, testimony and exhibits given by the Applicant at the January 7,
2015 hearing except as the same may be modified by the Town Planning
Board;
2.
The project shall be completed within the time required by section 128-89 (R) of the
Town Code.
January 21, 2015
Daniel Coffey
Chairman
Zoning Board of Appeals
---
The foregoing Resolution filed with the Clerk of the Town of Bethlehem, Albany County, New
York, on January ___, 2015.
Kathleen Reid, Secretary
Zoning Board of Appeals
Meeting of Wednesday, January 21, 2015
Page | 6
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
V.
APPROVED [4 TO 1]
Holly Nelson Lutz, Board Member
David R. DeCancio, Board Member
Daniel Coffey, Holly Nelson Lutz, David R. DeCancio, Matthew C. Watson
George T. Harder
Discussion/Possible Action
1.
Delmar Family Practice, Dr Peter Forman - 1499 NewScotland Road
The Board voted to approve the use variance for 1499 New Scotland Road as follows:
Chairman Coffey voted to approve the variance as the Applicant has met their burden for a reasonable
return for the use of the building, majority of the neighbors spoke in favor, will not change character of
the neighborhood, minimal impact of traffic, cost prohibited for demolition or any other use, concerns
with ingress/egress will be addressed by the Town of Bethlehem Planning Board during its site plan
review.
Mr. Harder agreed with the Chairman to approve the variance request as the proposed use is the only
feasible use for the building allowing a reasonable return.
Mr. Watson was in agreement with the Chairman to approve the use variance for the reasons stated.
Ms. Lutz was in agreement with the Chairman to grant the variance. Feels the Applicant addressed all
the issues and that the business will be a great use for the property.
Mr. DeCancio agreed to grant the variance as it is a proper use for the property and positive for the
community to keep a historical church.
The Board performed an uncoordinated Short Environmental Quality Review (SEQR) and determined
there would be no countywide or municipal environmental impact.
Chairman Coffey requested a motion to approve the SEQR review. Motion made by Mr. Watson,
Seconded by Mr. Harder to approve the SEQR review, motion approved 5-0.
Chairman Coffey requested a motion to approve the Use variance. Motion made by Mr. DeCancio,
Seconded by Ms. Lutz with all in favor.
Counsel will draft a SEQR and Use variance Resolution to be voted on at the February 4, 2015 Meeting.
The project will go before the Town of Bethlehem Planning Board for site plan review.
VI.
New Business
VII.
Minutes Approval
A. Wednesday, January 07, 2015
Meeting of Wednesday, January 21, 2015
Page | 7
RESULT:
MOVER:
SECONDER:
AYES:
VIII.
ACCEPTED [UNANIMOUS]
George T. Harder, Board Member
Matthew C. Watson, Board Member
Coffey, Lutz, DeCancio, Watson, Harder
Adjournment
Motion To: Adjourn
RESULT:
MOVER:
SECONDER:
AYES:
ADJOURN [UNANIMOUS]
Holly Nelson Lutz, Board Member
David R. DeCancio, Board Member
Coffey, Lutz, DeCancio, Watson, Harder
The Meeting was adjourned at 8:21 P.M.
Next Regular Meeting Wednesday, February 4, 2015
Meeting of Wednesday, January 21, 2015
Page | 8