Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING COMMISSION MEETING HELD ON FEBRUARY 6, 2006 AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Vice-Chairman Clarence Badgley Mr. Edmund Rigney Mr. Mark DeFruscio Ms. Sharon Gariepy MEMBERS EXCUSED: Chairman Joseph Koval Mr. John Scavo ALSO PRESENT: Ms. Erin Thomas, City Planner Ms. Carol Shufelt, Recording Secretary MINUTES Vice-Chairman Badgley called the meeting to order at 6:35 p.m. Vice-Chairman Badgley indicated that due to a scheduling conflict he was going to change the order of the agenda. The first item would be a consideration of the declaration of environmental significance, pursuant to the SEQRA, for the purposed revisions to the Captain’s Lookout project that was previously determined to have a negative Declaration by the Planning Commission on July 11. 2005. Mr. Peter Lynch spoke on behalf of the developer. Mr. Lynch explained that since the original approvals there were able to enter into an agreement with the owner of Smith’s Seal-Coating to purchase the property and add that to the original plan. The change would be the parking would be adjacent to Delaware Avenue and there would be construction of one new building on the riverfront. They have eliminated a number of one and two bedroom units in the two multi-story units. So although they have added an additional building the number of units was now going to 142 and the number of bedrooms would be the same as the original plan. Based on these changes they did not see any impact on the first environmental statement and this would continue as a negative declaration. PUBLIC HEARING AND CONSIDERATION “SUBDIVISION PLAN FOR CAPTAIN’S LOOKOUT, LANDS OF JOHN WOJTOWICZ, INC. –REVISED 1/12/06” LOCATED ON DELAWARE AVENUE AND SUBMITTED BY FGR ASSOCIATES, LLC. Vice-Chairman Badgley opened the public hearing on the Minor Subdivision Plat entitled “Captain’s Lookout”. Vice-Chairman Badgley opened the public hearing at 6:45 p.m.; he asked if there was anyone present to speak on this item. Mr. Lynch stated the he was present to answer any questions. He stated the additional .39 acres would be added to Lot # 2 to be combined at .87 acres. Mr. Badgley asked if moving the building to the waterfront would affect the walking path. Mr. Lynch indicated that the public access to the walking path would remain the same. Mr. Badgley asked if any of the parking in the lot could be designated for use by the public to access the walking paths. Mr. Lynch agreed that 10 spaces including one handicap space would be marked for use by the public. It would not preclude visitors to the complex from also parking there. Mr. Bagley closed the public hearing at 6:50 p.m. Vice-Chairman Badgley asked if someone would like to make a motion to approve Resolution # 9 for 2006 with the additional statement that 10 spaces including one handicap would be made available to the public. Resolution #9 for 2006 and the roll call vote read as follows: Resolution #09 for 2006 Cohoes Planning Commission RESOLUTION PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) TO ISSUE A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE Re: Application of F.G.R. Associates, LLC to Amend Ordinance No. 11 for Year 2005, which created the Planned Development District known as Captain’s Lookout, by adding .394 acres of land to said Planned Development District, and to Amend the Four-Lot Subdivision within the Planned Development District, Approved By Resolution No. 8 for 2005 of the Planning Commission. WHEREAS, the Common Council of the City of Cohoes has received an application, Part 1 of the long form environmental Assessment Form (EAF), Subdivision Plans, and related materials from F.G.R. Associates, LLC, to amend the City of Cohoes Charter and Code (Zoning) and Map, by amending Ordinance No. 11 for Year 2005, in order to add a .394 acre parcel of land to the Planned Development District (PDD) formerly known as “Van Schaick Marina Condominium – Phase II”, and now known as “Captain’s Lookout”, increasing the area thereof from 5.618 acres to 6.012 acres of land, located along the Hudson River, east of the intersection of Van Schaick Avenue and Delaware Avenue (hereinafter the “premises”); and WHEREAS, the .394 acre premises which Applicant seeks to add to the PDD is currently zoned General Business District B-2; and WHEREAS, the stated purpose of the zoning amendment is to add a .394 acre parcel of land (now owned and used as Smith’s Seal Coating) to the Planned Development District created by Ordinance No. 11 for Year 2005, to allow the subsequent construction of 142 condominium dwelling units, in 7 separate buildings, consisting of five (5) ten (10) unit buildings, each two stories in height, and two (2) 46-unit buildings, each four-stories in height (above parking garage story), with ancillary off-street parking and green space; and WHEREAS, Article X of Chapter 285 of the Cohoes City Code sets forth the procedures for the establishment and amendment of a Planned Development District, and said procedures authorize the Common Council to establish and amend such a District upon referral to, and recommendation of the City of Cohoes Planning Commission, and WHEREAS, the said application also calls for amendment of the 4-Lot subdivision, created by Resolution No. 8 for 2005 of the City of Cohoes Planning Commission, and which Subdivision plat was signed by Erin Thomas, City Planner, on behalf of the Cohoes City Planning Commission on July 11, 2005, and filed in the Albany County Clerk’s Office on September 21, 2005, as Document Number 9559464, by increasing Lot No. II thereof from .488 acres to .877 acres, and increasing the roadway/infrastructure area from .849 acres to .854 acres in order to maintain the 40’ width of the roadway throughout the PDD, and the City of Cohoes Planning Commission has authority to approve amendments to subdivisions in accord with Chapter 250 of the Code of the City of Cohoes; and WHEREAS, the action is subject to the provisions of the State Environmental Quality Review Act (“SEQRA”), as set forth in Environmental Conservation law Article 8, and the Regulations promulgated there under set forth in 6 NYCRR Part 617, and WHEREAS, by virtue of the fact that the proposed zone change affects less than the physical alteration of 10 acres of land for the development of less than 250 residential units to be connected to municipal water and sewer, pursuant to 6 NYCRR 617.6, the action is not a Type I action under SEQRA, but rather is an “Unlisted Action”, and WHEREAS, by Resolution of the City Council adopted on January 24, 2006, the City Council referred the foregoing application to the Planning Commission, for purposes of conducting the applicable SEQRA review of this application in accord with 6 NYCRR 617.6 (b) (2), making a recommendation to the City Council relative the proposed Amendment to the Planned Development District, and to consider the proposed amendment to the Captain’s Lookout subdivision, NOW, THEREFORE, IT BE AND HEREBY IS RESOLVED, 1. Pursuant to 6 NYCRR Part 617, the City of Cohoes Planning Commission, be and hereby determines that is shall act as Lead Agency, to conduct a review of the proposed amendment to the Planned Development District, and corresponding amendment to the Captain’s Lookout subdivision, in accord with SEQRA, as well as the Cohoes City Charter and Code; 2. By virtue of the fact that the proposed zone change affects less than the physical alteration of 10 acres of land for the development of less than 250 residential units to be connected to municipal water and sewer, pursuant to 6 NYCRR 617.6, the action is not a Type I action under SEQRA, but rather is an “Unlisted Action”; 3. The proposed action to amend the Planned Development District by adding a .394 acre parcel of land thereto, with a corresponding increase in the size of subdivision  Lot No. II from .488 acres to .877 acres, and by increasing the roadway/infrastructure area from .849 acres to .854 acres in order to maintain the 40’ width of the roadway throughout the PDD, as well as the proposed overall reduction of the number of residential units in the subdivision from 148 units to 142 units, will not have any significant adverse environmental impacts and will not require the preparation of a full EIS; accordingly, a Negative Declaration of Environmental Significance in accord with 6 NYCRR 617.7 (a) (2) be and hereby is issued pursuant to the terms of the Notice of Determination of Non-significance of even date submitted herewith; 4. That the proposed amendment to the Captain’s Lookout subdivision, to add a .394 acre parcel of land to the subdivision, with a corresponding increase in the size of subdivision Lot No. II from .488 acres to .877 acres, and by increasing the roadway/infrastructure area from .849 acres to .854 acres in order to maintain the 40’ width of the roadway throughout the PDD, be and hereby is granted in accord with §250-7 of the Cohoes Charter and Code, and the City Planner is authorized to sign the final plat upon written determination made by the City Engineer that he has approved the engineering details of the plans submitted by the applicant; 5. That pursuant to §285-38 (C) of the Cohoes Charter and Code, it be and hereby is recommended to the City Council that the application to change the zoning of the .394 acre site from B-2 to a Planned Development District, and to add same lands to the “Captain’s Lookout” Planned Development District be granted in all respects. THE FOREGOING RESOLUTION was put to vote as follows: ABSENT , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio ABSENT , John Scavo PUBLIC HEARING FOR A MINOR SUBDIVISION PLAT ENTITLED “SURVEY MAP OF LANDS OF DOUGLAS AND MARY BOWDEN AND LANDS OF JAMES S. YOUNG & HAROLD G. YOUNG.” Vice Chairman Badgley opened the public hearing at 6:55 p.m. and asked if anyone would like to speak in favor of the proposal. Mr. Fred Schryer, of Wertime, Reis and VanUllen who is representing the Bowden’s in this transaction spoke. He explained that an enclosing of an existing porch resulted in an encroachment on the Young property. In order to remedy this situation the Young’s have agreed to sell a two foot strip of land to the Bowden family. This transaction will result in two area variance’s that will also need to be considered. Mr. Badgley asked if there was anyone to speak against this action. There being none the public hearing was closed at 7:00 p.m. Vice Chairman Bagley asked if there were any additional questions. There being none, Resolution # 4 for 2006 and the roll vote read as follows: Resolution #04 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Approving the Final Subdivision Plat entitled, “Survey Map of Lands of Douglas C. & Mary E. Bowden and Lands of James S. Young & Harold G. Young,” SBL#10.9-1-10 & 10.9-1-1 _Ms. Gariepy_ ___________ presented the following Resolution, which was seconded by Mr. Rigney . WHEREAS, Mr. James Young, of 165 Clamsteam Road, Clifton Park, County of Saratoga, New York did present for approval pursuant to Section 250 of the City Code, an application for approval of the Final Subdivision Plat entitled, “Survey Map of Lands of Douglas C. & Mary E. Bowden and Lands of James S. Young & Harold G. Young,” City of Cohoes, County of Albany, New York, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 6th day of February, 2006, at 6:30 o'clock P.M., and did then and there hear all persons interested in the subject matter concerning the same, Now, THEREFORE, BE IT RESOLVED, that the application for approval of the Final Subdivision Plat entitled, “Survey Map of Lands of Douglas C. & Mary E. Bowden and Lands of James S. Young & Harold G. Young,” City of Cohoes, County of Albany, New York, be and the same is hereby approved as per plans submitted. THE FOREGOING RESOLUTION was put to vote as follows: ABSENT , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio ABSENT , John Scavo  CONSIDERATION OF AN AREA VARIANCE AT 29 BAKER AVENUE FOR AN EXISTING DEFICIENCY IN A YARD SETBACK. Ms. Mary Bowden has submitted an application to have an area variance approved for the existing deficiency that exists at 29 Barker Avenue in conjunction with set back requirements of their property. Mr. Badgley asked if there were any questions. Since there were none, Resolution #5 for 2006 and the roll call vote read as follows: Resolution #05 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Recommending Approval to the Zoning Board of Appeals for an Area Variance to allow for an existing deficiency in a side yard setback at 29 Baker Avenue, SBL#10.9-1-1 Mr. DeFruscio_____ presented the following Resolution, which was seconded by Mr. Rigney . WHEREAS, Ms. Mary Bowden of 29 Baker Avenue, Cohoes, County of Albany, New York did present for approval pursuant to Section 285-14 (D) (2) of the City Code, an application for a 8.6’ variance from the required 10’ building setback from the southern side property line at the same address, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 6th day of February, 2006, at 6:30 o'clock P.M., and did then and there hear all persons interested in the subject matter concerning the same, Now, THEREFORE, BE IT RESOLVED, that the application for a 8.6’ variance from the required 10’ building setback from the southern side property line at 29 Baker Avenue, Cohoes, County of Albany, New York, be and the same is hereby recommended for approval to the Zoning Board of Appeals as per plans submitted. THE FOREGOING RESOLUTION was put to vote as follows: ABSENT , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio ABSENT , John Scavo  CONSIDERATION OF AN AREA VARIANCE AT 29 BAKER AVENUE FOR AN EXISTING DEFICIENCY IN A YARD SETBACK. Mr. James Young has submitted an application to have an area variance approved for the existing deficiency that exists at 27 Lenox Avenue in conjunction with set back requirements of their property. Mr. Badgley asked if there were any questions. Since there were none Resolution #6 for 2006 and the roll call vote read as follows: Resolution #06 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Recommending Approval to the Zoning Board of Appeals for an Area Variance to allow for an increased deficiency in a rear yard setback as a result of a proposed Minor Subdivision at 27 Lenox Avenue, SBL#10.9-1-10 __Mr. Rigney ___________ presented the following Resolution, which was seconded by Ms. Gariepy . WHEREAS, Mr. James Young, of 165 Clamsteam Road, Clifton Park, County of Saratoga, New York did present for approval pursuant to Section 285-10 (C) of the City Code, an application for a 9’ variance from the required 20’ building setback from the rear property line at 27 Lenox Avenue, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 6th day of February, 2006, at 6:30 o'clock P.M., and did then and there hear all persons interested in the subject matter concerning the same, Now, THEREFORE, BE IT RESOLVED, that the application for a 9’ variance from the required 20’ building setback from the rear property line at 27 Lenox Avenue, Cohoes, County of Albany, New York, be and the same is hereby recommended for approval to the Zoning Board of Appeals as per plans submitted. THE FOREGOING RESOLUTION was put to vote as follows: ABSENT , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio ABSENT , John Scavo  CONSIDERATION OF A USE VARIANCE TO ALLOW A VIDEO STORE AT 20 SCHUYLER STREET Mr. Zafer Jaouni who owns the grocery store at 125 Main Street seeks a Use Variance to operate a video store in the rear of that building with the address of 25 Schuyler. City Planner Erin Thomas explained that this building has always been used as Commercial Space. The owner has consulted with Code Enforcement and has been told that the space does not meet code for residential use. Without a variance this part of the property is not rentable. Mr. Jaouni spoke in favor of his project. He explained that he would use this to rent videos. This was the same use of the previous tenant around five years ago. The Commission asked if the property could be used as storage for the grocery store. Mr. Jaouni indicated that it was not needed. After a brief discussion Ms. Gariepy made a motion to recommend approval of resolution 7-2006 for the Use Variance to the Zoning Board. Mr. Defrucio seconded. Resolution #7 for 2006 and the roll call vote read as follows: Resolution #07 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Recommending Approval to the Zoning Board of Appeals for a Use Variance to allow a residential unit to be converted to a commercial unit at 20 Schuyler Street (125 Main Street), SBL#10.75-3-28 _Ms. Gariepy_ ___________ presented the following Resolution, which was seconded by Mr. DeFruscio . WHEREAS, Mr. Zafer Jaouni, of Guilderland, County of Albany, New York did present for approval pursuant to Section 285-24 (A) of the City Code, an application to allow for conversion of a residential unit into a commercial unit at 20 Schuyler Street, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 6th day of February, 2006, at 6:30 o'clock P.M., and did then and there hear all persons interested in the subject matter concerning the same, Now, THEREFORE, BE IT RESOLVED, that the application to allow for conversion of a residential unit into a commercial unit at 20 Schuyler Street, Cohoes, County of Albany, New York, be and the same is hereby recommended for approval to the Zoning Board of Appeals as per plans submitted. THE FOREGOING RESOLUTION was put to vote as follows: ABSENT , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy AYE , Edmund Rigney  AYE , Mark DeFruscio ABSENT , John Scavo CONSIDERATION OF AN AREA VARIANCE IN REGARD TO PARKINGTO ALLOW A VIDEO STORE AT 20 SCHUYLER STREET Mr. Zafer Jaouni who owns the grocery store at 125 Main Street seeks an Area Variance to operate a video store in the rear of that building with the address of 25 Schuyler. City Planner Erin Thomas explained that the owner cannot provide off street parking for the business. However, Mr. Ken Radliff has confirmed that there is a Public Parking Area with 400 feet of this location. Mr. Rigney asked if this lot is being maintained by the City of Cohoes. Ms Thomas reported that they are. Mr. Badgley reported that he drove by the store during the day and only one parking space was open in front of 25 Schulyer Street. He also reported that before the meeting he observed the public parking lot and that the majority of spots were taken. Mr. Jaouni indicated that he was not looking for drive up business. He would be looking for neighborhood walk in traffic to support the business. After a brief discussion Ms. Gariepy made a motion to recommend approval of resolution 8-2006 the Use Variance to the Zoning Board. Mr. Defrucio seconded. Resolution #8 for 2006 and the roll call vote read as follows: Resolution #08 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Recommending Approval to the Zoning Board of Appeals for an Area Variance in regard to parking at 20 Schuyler Street (125 Main Street), SBL#10.75-3-28 _Ms. Gariepy_ ___________ presented the following Resolution, which was seconded by Mr. DeFruscio . WHEREAS, Mr. Zafer Jaouni, of Guilderland, County of Albany, New York did present for approval pursuant to Section 285-67 (B) (19) and 285-67 (A) (2) of the City Code, an application for a variance from the four parking spaces required to proceed with the conversion of a residential unit into a commercial unit at 20 Schuyler Street, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 6th day of February, 2006, at 6:30 o'clock P.M., and did then and there hear all persons interested in the subject matter concerning the same, Now, THEREFORE, BE IT RESOLVED, that the application for a variance from the four parking spaces required to proceed with the conversion of a residential unit into a commercial unit at 20 Schuyler Street, Cohoes, County of Albany, New York, be and the same is hereby recommended for approval to the Zoning Board of Appeals as per plans submitted. THE FOREGOING RESOLUTION was put to vote as follows:  ABSENT , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio ABSENT , John Scavo Since there was no further business for the Commission to consider, Mr. Scavo made a motion to adjourn. Ms Gariepy seconded the motion. The meeting adjourned at 7:20 p.m.