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March 28, 2011 ZBA Agenda
TOWN OF GLENVILLE
ZONING BOARD OF APPEALS


        PLEASE TAKE NOTICE that the Zoning Board of Appeals will meet at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY 12302-4518 on Monday, March 28, 2011 at 7 p.m. to hear all persons interested in the following applications as provided for by the Zoning Ordinance of the Town of Glenville.

APPLICATION OF R D MANAGEMENT LLC,  810 Seventh Avenue, 10th Floor, New York, NY  10019 for 11 Area Variances for property located at 202 / 204 Saratoga Road.  The landowner/applicant is proposing to re-develop the former K-Mart and Grand Union properties and reconfigure three existing parcels into two.  The project involves the demolition of the former K-Mart and Grand Union building (127,740 sq. ft.), followed by construction of a new 134,742 sq. ft. retail store (Identified as lot 1), as well as another 36,000 sq. ft. retail building and a pad site for a 3,000 sq. ft. "out building." (Identified as lot 2)
Said property is located in the General Business and Town Center Overlay Districts and is identified on tax map:

Variances from the Codes of the Town of Glenville Chapter 270 (Zoning Ordinance) being sought are as follows:

VARIANCE #1: 270-Attachment 1,  Dimensional Requirements
Required:  Minimum lot size for a shopping center is 5 acres.
Requested:  Lot 2 is proposed as 3.58 acres.   Therefore a variance of 1.42 acres is requested.

VARIANCE #2: 270-Attachment 1,  Dimensional Requirements
Required:  Minimum rear setback for a shopping center is 60 feet.
Requested:  The 36,000 s/f retail building on Lot 2 has a proposed rear lot setback of 0 feet. Therefore a variance of 60 feet is requested.

VARIANCE #3:  270-Attachment 1, Dimensional Requirements
Required:  Maximum lot coverage is 30%.
Requested:  Lot 1 has proposed lot coverage of 30.1%.  Therefore a variance of .1% is requested.

VARIANCE #4:  270-73(B)(1)  Dimensions for off-street parking spaces and aisles.
Required:  Every parking space will be 9 1/2 feet wide by 18 feet long.
Requested:  Lot 1 shows proposed parking spaces 9 feet x 18 feet and 8 feet x 16 feet.

VARIANCE #5:  270-73(B)(1)  Dimensions for off-street parking spaces and aisles.
Required:  Every parking space will be 9 1/2 feet wide by 18 feet long.
Requested:  Lot 2 shows proposed parking spaces 9 feet x 18 feet.

VARIANCE #6:  270-141(C)(2)  Landscape areas in parking lots
Required:  Parking lots with 20 or more spaces are to be subdivided by internal landscape islands.  Landscape islands are to be equally distributed for a maximum environmental and visual effect, with not less than one island for every 10 parking spaces.  Each landscape island should contain at least one medium or large shade tree.
Requested:  Lot 1 has 544 parking spaces and is required to provide 55 internal landscape islands.  16 are proposed.  Therefore a variance of 39 landscape islands is requested.

VARIANCE #7:  270-141(C)(2) Landscape areas in parking lots
Required:  Parking lots with 20 or more spaces are to be subdivided by internal landscape islands.  Landscape islands are to be equally distributed for a maximum environmental and visual effect, with not less than one island for every 10 parking spaces.  Each landscape island should contain at least one medium or large shade tree.
Requested:  Lot 2 has 183 parking spaces and is required to provide 19 internal landscape islands.  11 are proposed.  Therefore a variance of 8 landscape islands is requested.

VARIANCE #8:  270-7(M) Transitional yards requirements to commercial uses.  
Required:  Where the side or rear lot line of a property in which a commercial use is proposed abuts a property that is either already used for residential or park use, or is zoned for residential or park use, a minimum thirty (30) foot wide buffer is to be maintained between the developed portion of the commercial site and the abutting side or rear property line.  This buffer is to remain free of buildings, structures, parking, roadways, dumpsters, etc.  Further, the Planning and Zoning Commission and/or the Zoning Board of Appeals may require landscaping, fencing, berming and other forms of screening within this buffer area.  
Requested:  Lot 2 proposes parking and a vehicle access roadway 2' from multi-family residential property along the eastern lot line.  Therefore, a 28 foot variance is requested.

VARIANCE #9:  270-73(C)(4)  Location of parking areas and spaces.
        Required…A parking lot (including its entrance and exit driveways) serving a nonresidential or multifamily use may not be located any closer than 40 feet to the property line of a single or two family dwelling….
        Requested:  Lot 1 proposes parking 23 feet from the single family property along the southern lot line.   Therefore a 17 foot variance is requested.

VARIANCE #10:  270-141(B)(1)  Minimum landscape area.
        Required:  All non-residential uses will retain at least 35% of the property as green space.
        Requested:  Lot 1 proposes to retain 13.8% as green space.  Therefore, a 21.2% variance is requested.

VARIANCE # 11:  270-141(B)(1)  Minimum landscape area.
        Required:  All non-residential uses will retain at least 35% of the property as green space.
        Requested:  Lot 2 proposes to retain 9.6% as green space.  Therefore, a 25.4% variance is requested.


APPLICATION OF R D MANAGEMENT LLC,  810 Seventh Avenue, 10th Floor, New York, NY  10019 for 22 Sign Variances.   Signs include two (2) wall signs for one business, two (2) monument signs along NYS Rt. 50 and one (1) monument sign along Glenridge Road for two parcels located at 202 / 204 Saratoga Road.  The landowner/applicant is proposing to re-develop the former K-Mart and Grand Union properties and reconfigure three existing parcels into two.  The project involves the demolition of the former K-Mart and Grand Union building (127,740 sq. ft.), followed by construction of a new 134,742 sq. ft. retail store (Identified as lot 1), as well as another 36,000 sq. ft. retail building and a pad site for a 3,000 sq. ft. "out building." (Identified as lot 2)
Said property is located in the General Business and Town Center Overlay Districts and is identified on tax map:

Variances from the Codes of the Town of Glenville Chapter 270 (Zoning Ordinance) being sought are as follows:

SIGN "A" - 1st MONUMENT SIGN ON LOT #1 ALONG NYS RT. 50 (5 VARIANCES)
VARIANCE #1:   270-134 (C)(6)(b)(3)(a)   Materials
        Required:  Monument signs and façade signs shall be made of wood, simulated wood, stone, brick or composite materials.  Plastic, aluminum and other metal-type materials are only permitted on the sign frame and/or the light housing.
        Requested:  Plastic materials in the sign face.  Therefore total relief is requested.

VARIANCE #2: 270-134 (C)(6)(b)(4)  Height
        Required:  Monument signs shall be no greater than eight feet in height above finished grade.
        Requested:  The proposed sign is 18 feet in height.  Therefore a 10 foot variance is requested.

VARIANCE #3:  270-134 (C)(6)(b)(5)  Size
        Required:  Monument signs shall have a maximum area of 65 square feet per sign face for the primary sign…
        Requested:  The proposed sign is 234 s/f in size.  Therefore a 169 s/f variance is requested.

VARIANCE #4:  270-(C)(6)(b)(6)  Illumination
        Required:  Sign lighting should minimize glare and maintain the aesthetic character of the area.  Therefore, signs may not be internally lit, but raised lettering signs may be backlit.  All other signs shall be externally lit.
        Requested:  This sign is proposed to be internally lit.  Therefore, total relief is requested.

VARIANCE #5:  270-68(D)  Off Premise Advertising
        Required:  No new off-premise advertising signs, including billboards, will be permitted.
        Requested:  The sign will advertise two (2) off premise businesses from Lot 2.  

SIGN "B" - 2nd MONUMENT SIGN ON LOT #1 ALONG NYS RT. 50 (6 VARIANCES)
VARIANCE #6:  270-134 (C)(6)(11)  Number of Signs
        Required:    …A maximum of one freestanding monument sign is permitted…
        Requested:  This would be the second monument sign on this property.  Therefore total relief is requested.

VARIANCE #7:   270-134 (C)(6)(b)(3)(a)   Materials
        Required:  Monument signs and façade signs shall be made of wood, simulated wood, stone, brick or composite materials.  Plastic, aluminum and other metal-type materials are only permitted on the sign frame and/or the light housing.
        Requested:  Plastic materials in the sign face.  Therefore total relief is requested.

VARIANCE #8: 270-134 (C)(6)(b)(4)  Height
        Required:  Monument signs shall be no greater than eight feet in height above finished grade.
        Requested:  The proposed sign is 18 feet in height.  Therefore a 10 foot variance is requested.

VARIANCE #9:  270-134 (C)(6)(b)(5)  Size
        Required:  Secondary monument signs shall have a maximum area of 24 square feet per sign face for the primary sign…
        Requested:  The proposed sign is 234 s/f in size.  Therefore a 210 s/f variance is requested.

VARIANCE #10:  270-(C)(6)(b)(6)  Illumination
        Required:  Sign lighting should minimize glare and maintain the aesthetic character of the area.  Therefore, signs may not be internally lit, but raised lettering signs may be backlit.  All other signs shall be externally lit.
        Requested:  This sign is proposed to be internally lit.  Therefore, total relief is requested.

VARIANCE #11:  270-68(D)  Off Premise Advertising
        Required:  No new off-premise advertising signs, including billboards, will be permitted.
        Requested:  The sign will advertise four (4) off-premise businesses from Lot 2.  

SIGN "C" -MONUMENT SIGN ON LOT #2 ALONG GLENRIDGE RD (5 VARIANCES)
VARIANCE #12:   270-134 (C)(6)(b)(3)(a)   Materials
        Required:  Monument signs and façade signs shall be made of wood, simulated wood, stone, brick or composite materials.  Plastic, aluminum and other metal-type materials are only permitted on the sign frame and/or the light housing.
        Requested:  Plastic materials in the sign face.  Therefore total relief is requested.

VARIANCE #13: 270-134 (C)(6)(b)(4)  Height
        Required:  Monument signs shall be no greater than eight feet in height above finished grade.
        Requested:  The proposed sign is 18 feet in height.  Therefore a 10 foot variance is requested.

VARIANCE #14:  270-134 (C)(6)(b)(5)  Size
        Required:  Monument signs shall have a maximum area of 65 square feet per sign face for the primary sign…
        Requested:  The proposed sign is 234 s/f in size.  Therefore a 169 s/f variance is requested.

VARIANCE #15:  270-(C)(6)(b)(6)  Illumination
        Required:  Sign lighting should minimize glare and maintain the aesthetic character of the area.  Therefore, signs may not be internally lit, but raised lettering signs may be backlit.  All other signs shall be externally lit.
        Requested:  This sign is proposed to be internally lit.  Therefore, total relief is requested.

VARIANCE #16:  270-68(D)  Off Premise Advertising
        Required:  No new off-premise advertising signs, including billboards, will be permitted.
        Requested:  The sign will advertise one (1) off premise business from Lot 1.  

FACADE SIGNS FOR PROPOSED TARGET STORE ON LOT #1 (4 VARIANCES)
VARIANCE #17:  270-134 (C)(6)(B)(5)  Size
        Required:  …Under no circumstances shall any one façade sign exceed 50 s/f…
        Requested:   The Target sign is 217 s/f.  Therefore a 167 s/f variance is requested.

VARIANCE #18: 270-134(C)(7)  Logo
        Required:  In the event that a picture logo is displayed on a sign, it shall be incorporated into the permitted sign area and comprise no more than 30% of the sign area.
        Requested:  The Target logo is 144 s/f in size.  The total sign area is 217 s/f in size therefore a 79 s/f variance is requested.

VARIANCE #19:  270-134(C)(11)  Number of Signs
        Required:  A maximum of one façade sign per use is permitted…
        Requested:  two façade signs for the Target store are proposed.  Therefore a variance of 1 additional façade sign is requested.

VARIANCE #20 270-134 (C)(6)(b)(3)(a)   Materials
        Required:  …façade signs shall be made of wood, simulated wood, stone, brick or composite materials.  Plastic, aluminum and other metal-type materials are only permitted on the sign frame and/or the light housing.
        Requested:  Plastic materials in the sign faces of both facade signs.  Therefore total relief is requested.

TOTAL SIGNS ON LOT #1
VARIANCE #21  270-69(B)(5)   Total square footage allowed
        Required:  The total amount of square footage for all signs on any one lot is
150 s/f…
        Requested:  Total square footage of all proposed signs on Lot #1 is 517 s/f.  Therefore a variance of 367 s/f is requested.

TOTAL SIGNS ON LOT #2
VARIANCE #22  270-69(B)(5)   Total square footage allowed
        Required:  The total amount of square footage for all signs on any one lot is
150 s/f…
        Requested:  Total square footage of all proposed signs on Lot #2 is 234 s/f.  Therefore a variance of 84 s/f is requested.

By Order of the Chairman

Zoning Board of Appeals
Town of Glenville