Village of Colonie EDWARD SIM VILLAGE HALL DEPUTY MAYOR 2 THUNDER ROAD PATTY SCHWARZ COLONIE, NY 12205 LOCKART (518) 869-7562 FAX (518) 464-0389 TRUSTEE THOMAS J. TOBIN MAYOR ART WHITE TRUSTEE villagehall@colonievillage.org JAMIE BLOT www.colonievillage.org CLERK MINUTES WEDNESDAY, MAY 4, 2022 7:00 PM The regularly scheduled meeting of the Village of Colonie Zoning Board of Appeals was held on Wednesday, May 4, 2022, at 7pm. The meeting was called to order by Chairman Van Buren at 6:56pm. with a salute to the flag. Chairman Van Buren requested that all electronic devices be turned off, silenced or muted. ROLL CALL: Chairman: Lou Van Buren Members: Frank Prevratil Trevor Normandin (Absent) Joshua Rowinski (Applicant) Phil Minissale Liaison: Jim Rubino Alternate: Christopher Larabee Counsel: Victor Caponera The minutes from the March 2, 2021, Zoning Board of Appeals meeting were reviewed. Commissioner Prevratil made a motion to approve the minutes. Commissioner Larabee seconded the motion. VOTE: Unanimous to approve the minutes. DRAFT MINUTES ZONING BOARD OF APPEALS JANUARY 6, 2021 24 Peter Dr Mr. Josh Rowinski Use Variance Mr. Peter Rowinski of 24 Peter Dr came before the Zoning Board of Appeals to request an area variance for an 8’ vinyl fence along the rear of his property. Mr. Rowinski stated that his backyard borders Tiny Town Daycare and his neighbors at 22 and 26 Peter Drive already have 8’ fences installed. His fence is currently very old and falling apart and he would like to replace it with an 8’ fence. The fence would provide more privacy to the daycare and himself. Mr. Rowinski submitted pictures of his current fence, which also shows the neighbors fences. He also submitted a letter from his neighbors, Michael and Patricia Kennedy at 22 Peter Drive showing their support. Attorney Caponera stated that looking at the pictures he can see the deteriorated condition of his current fence. Attorney Caponera questioned if variances were given to the neighbors at 22 and 26 Peter Dr. Chairman Van Buren stated “Yes” they were given, one from himself and one from Commissioner Prevratil. Chairman Van Buren asked what type of fence will be used and what will they be doing about the trees along the fence line. Mr. Rowinski answered that he will use vinyl fence and that he is working with the daycare to have the trees taken down. The trees are on Tiny Town Daycares property, and they are in the process of getting estimates. Commissioner Prevratil stated that an area variance is required because Village Code only allows 6ft high fences. Attorney Caponera also wanted to remind everyone of the following elements: • Will this have an undesirable effect on the neighbors? • Is there any way to obviate the need and to not need a variance? • Is there a way to alleviate the issue? • Is the requested variance substantial? Courts say each case is individually looked at . • Is there any adverse effect on the environment? . • Is this a self-created hardship? In this situation, yes, they have already purchased the property but with an area variance a self-created hardship does not prevent the granting of the area variance . . 2 DRAFT MINUTES ZONING BOARD OF APPEALS JANUARY 6, 2021 Commissioner Prevratil stated that no further environmental review is due at this time under SEQRA . Commissioner Prevratil made a motion to grant the area variance to 24 Peter Drive, owned by Mr. Josh Rowinski for an 8’ high vinyl fence. It has been determined there will be no negative impact. Commissioner Minissale seconded the motion. VOTE: Commissioner Prevratil – YES Commissioner Minissale - YES Commissioner Larabee – YES Commissioner Rowinski – ABSTAINED Commissioner Normandin – YES Commissioner Larabee – YES Chairman Van Buren – YES Unanimous to approve the motion. Commissioner Prevratil made a motion to change the Zoning Board of Appeals meetings to 6:30pm instead of 7pm. The other Village Boards all meet at 6:30pm and he stated it would be easier if they were all at the same time. Commissioner Minissale seconded the motion. VOTE: Unanimous to approve Zoning Board of Appeals meeting at 6:30pm. Commissioner Minissale made a motion to adjourn the meeting at 7:12pm. Commissioner Larabee seconded the motion. VOTE: Unanimous to approve the motion. Respectfully submitted, Stacie Douglas Zoning Board of Appeals Coordinator 3