NEW SCOTLAND – Unhappy neighbors took their woes about storage containers to the zoning board Tuesday, and left with a commission to change the town’s zoning code.

Also, the board held, and then continued, a public hearing for a temporary use variance for a large residential garage.

Box containers

Carol Frament, of 73 Koonz Road, filed an appeal to contest the approval of William and Jacqueline Tureby’s building permit for a metal storage container at their 81 Koonz Road property.

“They challenged the building inspector’s view that it was an accessory structure,” Zoning Board Attorney Jeffrey Baker told The Enterprise of Frament and her associate Michael Barton, who filed the appeal together. “The town has considered these things structures.”

Building Inspector Jeremy Cramer issued a permit for a blue shipping-style storage container, similar to those hauled by train or tractor trailer, that sits on the Tureby property. The container, as an accessory structure, does not need to have a foundation and qualifies under zoning code the same as a drop-off shed, board members said.

Frament said that she asked the Turebys to remove the container or move it to their backyard, but they did not. Instead, they sought and were granted a permit.

The Turebys did not attend the zoning board meeting, and could not be reached for comment. Cramer said that the container is not commercial, but is for private use. If it were used for a business, the container would not meet zoning requirements, he said, “but to have your own equipment working on your own property…”

“I understand this is a problem with neighbors,” said Chairman Adam Greenberg. “Our hands are tied. We have to go according to zoning laws.”

Board member Robert Johnson asked if the container violated town aesthetic codes, but Baker said, “We don't regulate that.”

Board and staff members discussed recent trends that have led similar structures to be accepted all over town, and agreed that the town had not anticipated the phenomenon.

Greenberg read the definition of an accessory structure and the town code to Frament.

“I don't see anything there that this doesn’t fit into,” he said.

“The issue is that it’s a shipping container,” said one board member.

“The issue is that it looks awful,” Greenberg said. To Frament, he said, “You’re in the wrong place.”

Greenberg directed Frament to the town board to suggest changes to the zoning code.

Zoning board members voted to recommend to the town board that it study the issue of using shipping containers on residential property.

According to Cramer, the Turebys’ use of their structure is private.

“If he’s in violation in some other way….” Greenberg said. “He may need screening.” Looking toward Cramer, he said, “Can I ask if you, maybe, take a look?”

Baker told The Enterprise that Greenberg referred to having Cramer confirm that the container is for private use, rather than having the building inspector look for other code violations.

“If it were being used as a business purpose, other zoning approvals are probably required,” Baker said.

Regarding the zoning board’s recommendation to the town board, Baker said that Frament brought up a legitimate question about shipping containers.

“The town board, as it looks at the zoning code, has to decide what they want to do with it,” he said.

Barton asked if a leased box like the storage container could be considered an accessory structure, but Cramer said that solar panel systems are also leased, and are given similar permits.

The board told Frament that she could continue her appeal, which would require a public hearing and notification of property owners and neighbors.

“We’re not interested in the public hearing process, at this time,” Frament said.

Delayed construction

The zoning board held and then continued a public hearing for a temporary use variance for Jacob Constantine to build a 40-by-80-foot residential garage on Indian Fields Road.

Constantine said that he wants to “get the concrete moving” before winter. He said that he hired an engineer who has submitted his septic tests and designs to the Albany County Department of Health for approval.

He requested the variance because town code requires a primary dwelling to be built before any accessory buildings. Constantine said that he intends to build a single-family home on the property, and that waiting for health department approval may delay his construction.

“We’re within a week for you not needing a temporary relief,” Greenberg said.

“Your approvals will come pretty quick,” said board member Lance Moore.

“That’s not what I’m hearing,” Constantine said. He said that he expected approval to take 30 days or longer.

Attorney Baker said at the meeting that the zoning board could give a temporary use variance for the garage only, without including the septic, to allow work to begin but to prevent the garage from being turned into an apartment. The planning board recommended against it, he said.

Cramer told the zoning board that Constantine cannot pour concrete without a building permit, and that the property has building issues or Constantine would not have hired an engineer.

Resident Greg Austin, of Indian Fields Road, said that the property was listed as commercial when it first went on the market, but that the listing had been corrected to residential.

“A 40-by-80 is a big building,” Austin said.

“He can put up whatever size garage he wants,” Greenberg said. “If he gets his well and septic in order, he’s good to go.”

Greenberg said he was concerned about granting a temporary use variance and having Constantine fail to follow through with residential construction plans.

Baker said that the board could require a removal bond prior to issuing a certificate of occupancy to ensure that the garage could be taken down if the dwelling structure were not built.

“It’s not going to be inexpensive,” Baker said.

“I wouldn’t have spent $20,000 to put a well in if I was not going [to build],” Constantine said.

The zoning board held the public hearing open until its next meeting in three weeks on Nov. 18.

Blackbird to subdivide

Blackbird Prime Properties, which owns a manufactured home park on 33 acres on New Scotland Road has asked for relief of the amount of road frontage required for the property to be subdivided into two parcels.

According to surveyor Cindy Elliott, who represented Blackbird, the variance request now includes all road frontage on the larger front lot, with a second 10.9-acre-lot carved off at the rear requiring a maintenance agreement for access.

“We already have a traffic problem there,” said board member Robert Prentiss.

The zoning board asked Elliott for a master plan for the property, a description of where the property’s leach field is, and results from percolation tests on a reserve area of the property.

“We’re making progress,” Elliott said. She said she will provide materials at the November meeting, attend the planning board meeting in December, and return to the zoning board afterward.