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Planning staff recommends, commission forwards Ciccarelli zoning amendment and conditional-use permit to county commissioners
Summary
Albany County planning staff recommended approval of a zoning-district amendment and a conditional-use permit for 126 Lakeside Drive (applicant John Susan Ciccarelli). The commission voted to forward both recommendations to the Board of County Commissioners after asking about lot sizes, covenants and whether short‑term rentals would be allowed.
The Albany County Planning and Zoning Commission voted to recommend approval of a zoning-district change and a conditional‑use permit for a property at 126 Lakeside Drive owned by John Susan Ciccarelli.
Planning staff member Joe (S6) told the commission that the applicant had provided required notices and a site plan, and that the proposal "generally follows the suggestions of the Albany County comprehensive plan." Staff recommended approval of ZDA 12‑25 and CU 05‑25, adopting the findings and conclusions set out in the staff report.
Commissioners asked technical questions about lot sizes and why the owner could not obtain an additional dwelling through accessory‑dwelling rules. Staff explained that "the structure that they want to build is larger than what the accessory dwelling standards allow for," and that a zoning change plus conditional‑use review is the route to allow a full second dwelling on the parcel (S6).
Applicant John Susan Ciccarelli (S7) addressed commissioners to clarify intent: "No short term rentals. No rentals at all. It is for family," he said, describing plans to site the new dwelling near an existing barn and saying he had no intention to subdivide.
There were no public speakers during the hearings. Commissioners discussed homeowner‑association covenants and whether those covenants or county zoning would govern future use; staff noted covenants are privately enforceable and the county cannot enforce covenant provisions.
A motion to recommend approval of ZDA 12‑25 passed by voice vote; the commission then voted to recommend approval of CU 05‑25, adopting and incorporating the staff analysis, findings of fact and conclusions of law as presented in the staff report. The recommendations will be transmitted to the Board of County Commissioners for final action. The commission recorded the motions as carried by voice vote.
What happens next: Both items will be considered by the Board of County Commissioners in a subsequent public hearing. The commission’s action was a recommendation, not approval of final permits. If the county approves the zoning amendment and the conditional use, future permits (zoning certificate, building permits) and any HOA review would govern construction and occupancy.
Sources: Staff presentation and findings (S6); applicant remarks (S7); commission motions and voice votes (meeting record).
