Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING COMMISSION MEETING HELD ON APRIL 6, 2006 AT 6:40 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. Patricia Bishop, Recording Secretary MINUTES Chairman Badgley called the meeting to order at 6:40 p.m. he asked the recording Secretary to call the order of attendance. The first order of business was the consideration of the minutes of the meeting held January 9, 2006. Mr. DeFruscio made a motion to approve the minutes as published. Mr. Rigney seconded the motion, which passed without a negative vote. The next item for consideration was the minutes of the meeting held on February 6, 2006. Mr. Rigney made a motion to approve the minutes. Ms. Gariepy seconded the motion. All members voted in favor, the motion passed. The next item was the Minutes of the meeting held on March 6, 2006. Mr. DeFruscio made a motion to accept the minutes as published. Ms. Gariepy seconded the motion. The motion passed without a negative vote. PUBLIC HEARING AND CONSIDERATION OF A MINOR SUBDIVISION PLAT ENTITLED ‘SURVEY MAP OF LANDS OF MICHAEL & GLORIA OBZUD OF 17 CASCADE STREET” The next item for consideration was submitted by Ms. Tammy Obzud for a minor subdivision. Vice-Chairman Badgley opened the public hearing at 6:41 P.M. Ms Thomas stated that Mr. Michael Obzud of 17 Cascade Street and Ms. Tammy Obzud of 30 Summit Street wish to subdivide a single lot into two lots. The subdivision would result in Mr. Obzud’s existing home residing on a parcel 116’ wide by 100’ long in size, and a the creation of a vacant parcel 94’wide by 100’ long in size. Mr. Obzud plans to transfer the newly created vacant parcel to his daughter, Ms. Tammy Obzud, who wishes to build a single family house 74’ wide by 27.5’ long in size on said parcel. The proposed location of the new home is depicted on the subdivision plan. The dimensions of the proposed home include those of a two-car garage. Ms. Obzud will need an area variance for a deficiency in the total of the two side yard setbacks. Mr. DeFruscio asked if there would be any issues with a Paper Street. Ms Thomas responded in the negative. He then asked if this would create any traffic problems. Ms. Thomas responded again in the negative. Since there were no other questions and no comments from the public, Mr. Badgley closed the public hearing at 6:45 P.M. he read into record Resolution #12. Resolution # 12 for the year 2006 and the roll call vote read as follows: Resolution #12 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Approving the Final Subdivision Plat entitled, “Survey Map of Lands of Michael & Gloria Obzud of 17 Cascade Street,” SBL#5.19-1-9 Sharon Gariepy _ _______ presented the following Resolution, which was seconded by Edmund Rigney . WHEREAS, Mr. Michael Obzud, of 17 Cascade Street, Cohoes, County of Albany, 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 Michael & Gloria Obzud of 17 Cascade Street,” 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 3rd day of April, 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 Michael & Gloria Obzud of 17 Cascade Street,” 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  CONSIDERATION OF AN AREA VARIANCE IN REGARD TO A SIDE SETBACK AT THE PROPOSED HOME AT 17 CASCADE STREET The next item for consideration was for an area variance in regard to a side setback at the proposed home at 17 Cascade Street submitted by Ms. Tammy Obzud. Ms. Thomas stated that Ms. Tammy Obzud of 30 Summit Street, Cohoes, proposes to construct a single family home at 17 Cascade Street. The proposal is to construct a 74’ wide by 27.5’ long single family home, which includes a two–car garage. The proposed home will be no closer than 9’ from the southern side property line, and no closer than 11’ from the northern side property yard. The proposed structure will not exceed 35’ in height. The proposal is located in an A-2 Residential District. Mr. Badgley asked if any one had any questions or comments. Since there were none, he read into record Resolution #13. Resolution #13 for 2006 and the roll call vote read as follows: Resolution #13 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Recommending Approval to the Zoning Board of Appeals for an Area Variance for side yard setbacks to construct a single family home, not to exceed 35’ in height, at 17 Cascade Street, SBL#5.19-1-9 Edmund Rigney _ _______ presented the following Resolution, which was seconded by Sharon Gariepy . WHEREAS, Ms. Tammy Obzud of 30 Summit Street, Cohoes, County of Albany, New York did present for approval pursuant to Section 285-14 (D) of the City Code, an application for a 4’ variance from the combined total of 24’ in side yards required at 17 Cascade Street, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 3rd day of April, 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 4’ variance from the combined total of 24’ in side yards required at 17 Cascade 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 CONSIDERATION OF AN AREA VARIANCE IN REGARD TO A SIDE SETBACK FOR AN ABOVE GROUND POOL AT 128 VAN SCHAICK AVENUE The next item on the agenda was submitted by Mr. Kevin Flatley. Ms. Thomas stated that Mr. Kevin Flatley of 128 Van Schaick Avenue proposes to install an above ground pool at his home at the same address. The proposed pool will be 15’ (3’ of which are for supports) by 24’ in size. The proposed pool will be no closer than 5’ from the western side property line. The proposal is located in an A-3 Residential District. Mr. Flatley stated that currently he has an in ground pool which is to costly to repair, so he is removing the in ground pool and filling that in, but you cannot put another pool on top of the site of the in ground pool and that is why they need to put the pool in this area. Since there were questions or comments from the public Mr. Badgley read into record Resolution #14. Resolution #14 for 2006 and the roll call vote read as follows: Resolution #14 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Recommending Approval to the Zoning Board of Appeals for an Area Variance for a side yard setback to install an above ground pool at 128 Van Schaick Avenue, SBL#11.69-3-28 Mark DeFruscio_ _______ presented the following Resolution, which was seconded by Sharon Gariepy . WHEREAS, Mr. Kevin Flatley of 128 Van Schaick Avenue, Cohoes, County of Albany, New York did present for approval pursuant to Section 285-11 of the City Code, an application for a 5’ variance from the required 10’ side yard setback at the same address, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 3rd day of April, 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 5’ variance from the required 10’ side yard setback at 128 Van Schaick 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 CONSIDERATION OF AN AREA VARIANCE IN REGARD TO THE REAR SETBACK FOR AN ABOVE GROUND POOL AT 128 VAN SCHAICK AVENUE The next item for consideration is for an area variance for the rear setback for an above ground pool at 128 Van Schaick Avenue. Ms. Thomas stated that the proposed pool will be no closer than 7’ from the rear property line. Mr. Badgley asked if anyone had any questions. Since there were none he read Resolution # 15. Resolution #15 for 2006 and the roll call vote read as follows: Resolution #15 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Recommending Approval to the Zoning Board of Appeals for an Area Variance for a rear yard setback to install an above ground pool at 128 Van Schaick Avenue, SBL#11.69-3-28 Edmund Rigney _ _______ presented the following Resolution, which was seconded by Mark DeFruscio . WHEREAS, Mr. Kevin Flatley of 128 Van Schaick Avenue, Cohoes, County of Albany, New York did present for approval pursuant to Section 285-11 of the City Code, an application for a 3’ variance from the required 10’ rear yard setback at the same address, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 3rd day of April, 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 3’ variance from the required 10’ rear yard setback at 128 Van Schaick 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 CONSIDERATION OF AN AREA VARIANCE IN REGARD TO A SIDE SETBACK TO REBUILD A DETACHED GARAGE AS AN ATTACHED GARAGE AT THE HOME OF 58 CROSS STREET The next item on the agenda is for consideration of an area variance submitted by Mr. Shaun Parent. Ms Thomas stated that Mr. Shaun Parent of 58 Cross Street proposes to demolish a detached garage, 16.1’ x 24.1’ in size, and rebuild a garage, 20’ x 28’ in size, to be attached to his existing home at the same address. The proposed addition will be no closer than 1.5’ from the western side property line, which is the same distance that the existing detached garage maintains from the same property line. The proposed structure will be approximately 18’ in height. The proposal is located in an A-1 Residential District. Mr. DeFruscio asked Mr. Parent if this would be built on a slab. Mr. Parent stated that he is going to go over the existing slab, and also add to it to bring it to the house. He is going to get rid of the breezeway that is there now, and build the garage up to the house. Councilman Riberdy also spoke in favor of the request at 58 Cross Street. Since there were no other questions Mr. Badgley read into record Resolution #16. Resolution #16 for 2006 and the roll call vote read as follows: Resolution #16 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Recommending Approval to the Zoning Board of Appeals for an Area Variance for side yard setbacks to construct an attached garage to the existing home at 58 Cross Street, SBL#10.6-1-36 Sharon Gariepy _ _______ presented the following Resolution, which was seconded by Mark DeFruscio . WHEREAS, Mr. Shaun Parent of 58 Cross Street, Cohoes, County of Albany, New York did present for approval pursuant to Section 285-10 (D) of the City Code, an application for a 2.6’ variance from the 18’ required combined total of side yard setbacks AND for a 4.5’ variance from the 6’ required for the minimum side yard setback at the same address, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 3rd day of April, 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 2.6’ variance from the 18’ required combined total of side yard setbacks AND for a 4.5’ variance from the 6’required for the minimum side yard setback at 58 Cross 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 CONSIDERATION OF A AREA VARIANCE IN REGARD TO A REAR SETBACK TO REBUILD A DETACHED GARAGE AS AN ATTACHED GARAGE AT THE HOME AT 58 CROSS STREET The last item on the agenda is for the rear setback at 58 Cross Street. Ms. Thomas stated that the proposed addition will be no closer than 11’ from the rear property line, which is the same distance that the existing detached garage maintains from the same property line. Since there no questions or comments, Vice-Chairman Badgley read into record Resolution # 17. Resolution #17 for 2006 and the roll call vote read as follows: Resolution #17 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Recommending Approval to the Zoning Board of Appeals for an Area Variance for a rear yard setback to construct an attached garage to the existing home at 58 Cross Street, SBL#10.6-1-36 Edmund Rigney _ _______ presented the following Resolution, which was seconded by Sharon Gariepy . WHEREAS, Mr. Shaun Parent of 58 Cross Street, Cohoes, County of Albany, New York did present for approval pursuant to Section 285-10 (C) of the City Code, an application for a 9’ variance from the 20’ required rear yard setback at the same address, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 3rd day of April, 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 20’ required rear yard setback at 58 Cross 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 Since there was no further business for the Commission to consider Vice-Chairman Badgley made a motion to adjourn. Ms. Gariepy seconded the motion. The meeting adjourned at 7:03 P.M.