Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING COMMISSION MEETING HELD ON May 8, 2006 AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Chairman Joseph Koval Vice-Chairman Clarence Badgley Mr. Edmund Rigney Mr. Mark DeFruscio MEMBERS EXCUSED: Ms. Sharon Gariepy ALSO PRESENT: Ms. Erin Thomas, City Planner Ms. Patricia Bishop, Recording Secretary MINUTES Chairman Koval called the meeting to order at 6:30 p.m. he asked the recording Secretary to call the order of attendance. PRESENTATION OF THE CONCEPT PLAN FOR 132 SENIOR APARTMENT ON DYKE AVENUE The first item on the agenda is a presentation of the concept plan for 132 senior apartments on Dyke Avenue submitted by Finning Properties. Chairman Koval stated that Mr. Peter Lynch would be doing the presentation. Mr. Lynch stated that this 6.8 acre parcel of land under contract is along Dyke Avenue along the south side of the property. A branch of the Mohawk River is along the north side and RT. 787 is to west. This parcel of land is in an Industrial Zone. They understand that this A-3 Zone permits a Senior Residential project like the one they are proposing. This would not be a nursing home or an assisted living facility, it’s for individuals who are 50 years and older and children would not be allowed. Mr. Lynch went on to say that they are proposing 132 units, this would be two (2) L shaped buildings with a community room connecting them and underneath the community would be a covered drop-off point for the residence. These buildings would be three (3) stories in height. The 132 units is a greater density than is allowed in the zone. A permitted use would be around 96.8 units, so they will be applying for a variance with the Zoning Board of Appeals. Mr. Lynch went into great detail on the proposed project including paper streets and storm water systems. After a lengthy presentation, Chairman Koval asked if anyone from the public had any questions. Mr. Don Kelman owner of NH Kelman spoke. He stated that his facility is the scrap metal facility to the north of this project. He stated that he in not against this project at all, he is all for new development in the City of Cohoes. His concern is that his company has large machines that make a lot of noise, and his company generates a great deal of traffic. He went on to say that he just cannot see individuals 50 years of age and older living and being happy next door to a scrap metal facility. Mr. Lynch, the Commission and Mr. Kelman spoke in great length addressing Mr. Kelmans concerns. Since this was a preliminary presentation, there was no action taken by the Commission on this project. CONSIDERATION OF AN AREA VARIANCE IN REGARD TO A SIDE SETBACK FOR AN ABOVE GROUND POOL The next item for consideration is for an area variance in regard to an above ground pool at 170 Vliet Street submitted by Mr. Jay Benoit. Ms. Thomas stated that the proposal is for a round pool 15’ in size. The proposed pool will be no closer than 5’ from the rear property line. The proposal will place the pool no closer than 5’ to the western side property line. The proposal is 5’ deficient of the required 10’ side setback. Mr. DeFruscio asked if the pool would be fenced in. Mr. Benoit stated that the yard is already fenced in. Since there were no other questions Chairman Koval read into record Resolution # 18. Resolution #18 for 2006 and the roll call vote read as follows: Resolution #18 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 170 Vliet Street, SBL#10.11-2-2 _ Mark DeFruscio_______ presented the following Resolution, which was seconded by Clarence Badgley . WHEREAS, Mr. Jay Benoit of 170 Vliet Street, 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 8th day of May, 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 170 Vliet 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: AYE , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman ABSENT , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio CONSIDERATION OF AN AREA VARIANCE IN REGARD TO A REAR SETBACK FOR AN ABOVE GROUND POOL AT 170 VLIET STREET The next item for consideration is for the rear setback at 170 Vliet Street. Ms. Thomas stated that the proposal will place the pool no closer than 5’ to the rear of the property line. The proposal is 5’ deficient of the required 10’ rear setback. Since no one had any questions Chairman Koval read into record resolution #19. Resolution #19 for 2006 and the roll call vote read as follows: Resolution #19 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 170 Vliet Street, SBL#10.11-2-2 _ Mark DeFruscio_______ presented the following Resolution, which was seconded by Clarence Badgley . WHEREAS, Mr. Jay Benoit of 170 Vliet Street, 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’ 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 8th day of May, 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’ rear yard setback at 170 Vliet 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: AYE , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman ABSENT , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio CONSIDERATION OF AN AREA VARIANCE IN REGARD TO A SIDE SETBACK FOR A ONE CAR GARAGE AT 77 PULASKI AVENUE The next item for consideration was for an area variance in regard to side set back for a one car garage at 77 Pulaski Avenue. Ms. Thomas stated that Mr. John Sloboda of 77 Pulaski Avenue proposes to rebuild a detached garage, 12’5” x 24’7” in size, in the same footprint as his former garage that was destroyed by fire at the same address. The proposed garage will be no closer than 0.5’ from the northern side property line. The proposed structure will not exceed 15’ in height. The proposal is 9.5’ deficient of the required 10’ side setback. Since there were no comments or questions, Chairman Koval read resolution #20. Resolution #20 for 2006 and the roll call vote read as follows: Resolution #20 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 re- construct a detached garage, not to exceed 15’ in height, at 77 Pulaski Avenue, SBL#10.68-3-1 _ Clarence Badgley_______ presented the following Resolution, which was seconded by Edmund Rigney . WHEREAS, Mr. John Sloboda of 77 Pulaski Avenue, Cohoes, County of Albany, New York did present for approval pursuant to Section 285-11 of the City Code, an application for a 9.5’ variance from the 10’ required for a 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 8th day of May, 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 9.5’ variance from the 10’ required for a side yard setback at 77 Pulaski 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: AYE , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman ABSENT , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio CONSIDERATION OF AN AREA VARIANCE IN REGARD TO FRONT SETBACK FOR A ONE-CAR GARAGE AT 77 PULASKI AVENUE The next item on the agenda is for an area variance in regard to the front setback at 77 Pulaski Avenue. Ms. Thomas stated that the proposed garage will be no closer than 20’ from the eastern property line, which fronts Pulaski Avenue. The proposal will place the garage no closer than 20’from the front property line on Pulaski Avenue. The proposal is 40 ’deficient of the required 60’ front setbacks. Mr. Sloboda stated that Mr. Jeroze may possibly rebuild, and asked what the setbacks are for commercial property. Chairman Koval stated that the question is premature and he could not answer it at this time. Since there were no other questions Chairman Koval read into record resolution # 21. Resolution #21 for 2006 and the roll call vote read as follows: Resolution #21 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 front setback to re-construct a detached garage, not to exceed 15’ in height, at 77 Pulaski Avenue, SBL#10.68-3-1 _ Clarence Badgley_______ presented the following Resolution, which was seconded by Edmund Rigney . WHEREAS, Mr. John Sloboda of 77 Pulaski Avenue, Cohoes, County of Albany, New York did present for approval pursuant to Section 285-11 of the City Code, an application for a 40’ variance from the 60’ required for a front setback at the same address, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 8th day of May, 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 40’ variance from the 60’ required for a front setback at 77 Pulaski 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: AYE , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman ABSENT , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio PUBLIC HEARING AND CONSIDERATION OF A MINOR SUBDIVISION PLAT ENTITLED “40 TRULL STREET PROPOSAL” The next item for consideration is a public hearing and consideration of a minor subdivision at 40 Trull Street submitted by VT Properties. Ms. Thomas stated that VT Properties LLC of 245 Remsen Street whishes to subdivide a single lit into four lots. The proposed minor subdivision will be site of two semi-detached dwellings, with internal configurations. The subdivision plan calls for a paved parking surface 17’ X 39’ in size for each of the four lots. Not depicted on the plans is a 6’ stockade fence that the applicant has agreed to install on the northern, western, and southern property lines prior to construction. The applicant will need an area variance for a deficiency in the width of the front building line of Lots #3 & #4 combined. Chairman Koval opened the public hearing at 7:17 P.M. Mr. Rob Mayo of VT Properties spoke in favor of the proposed project. Councilman George Primeau spoke in favor of the project and thanked Rob and Alex of VT properties for working so well with the neighbors. Mr. Bill Ricard of 23 Trull Street stated that VT Properties has been very forthcoming. Mr. Ellen Bourgeois of 50 Trull Street thanked VT Properties for working with the neighbors and addressing their concerns. She stated that she still had some safety concerns during construction. Mr. Mayo stated that they are going to erect privacy fences along with snow fences, and they are going to be filling both foundations at the same time. She asked how long the project will take. He stated about six (6) or seven (7) months. Since there were no other questions, Chairman Koval stated that he had concerns with the driveway and suggested that the Cohoes Traffic Commission review the parking area in regards to the length of the driveway. The applicant agreed that he would conform to the Traffic Commissions recommendations. Since there were no other questions closed the public meeting at 7:30 P.M. Chairman Koval read into record resolution # 22. Resolution #22 for 2006 and the roll call vote read as follows: Resolution #22 for 2006 Cohoes Planning Commission Resolution of the Cohoes Planning Commission Approving the Final Subdivision Plat entitled, “40 Trull Street Proposal dated 4/10/16,” SBL#10.19-4-18 _Edmund Rigney _______ presented the following Resolution, which was seconded by Mark DeFruscio . WHEREAS, VT Properties LLC, of 245 Remsen 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, “40 Trull Street Proposal dated 4/10/06,” 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 8th day of May, 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, “40 Trull Street Proposal dated 4/10/06,” 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: AYE , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman ABSENT , Sharon Gariepy AYE , Edmund Rigney AYE , Mark DeFruscio CONSIDERATION OF AN AREA VARIANCE IN REGARD TO WIDTH AT THE FRONT BUILDING LINE IN CONJUNCTION WITH THE SUBDIVISION PLAT PLAN ENTITLED, “40 TRULL STREET PROPOSAL The last item for consideration was for an area variance in regard to the width at the front building line in conjunction with the subdivision at 40 Trull Street. Ms. Thomas stated that the proposal will result in a deficiency in the width of the front building line of the Lots #3 & #4 combined. The proposal is for a front building line of 65.08’. The proposal is 14.92’ deficient of the required 80’ in width at the front building line. Since there were no questions or comments, Chairman Koval read into record resolution #23. Resolution #23 for 2006 and the roll call vote read as follows: Resolution #23 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 deficiency in the width at the front building line for a semi-detached building, at 40 Trull Street Lots #3 & 4, SBL#10.19-4-18 _Edmund Rigney _______ presented the following Resolution, which was seconded by Mark DeFruscio . WHEREAS, VT Properties of 245 Remsen Street, Cohoes, County of Albany, New York did present for approval pursuant to Section 285-14 (A) (2) of the City Code, an application for a 14.92’ variance from the 80’ required width at the front building line at 40 Trull Street Lots #3 & 4, and WHEREAS, said Planning Commission did meet at its offices at Cohoes City Hall, New York, on the 8th day of May, 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 14.92’ variance from the 80’ required width at the front building line at 40 Trull Street Lots #3 & 4, 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: AYE , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman ABSENT , 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. Chairman Koval seconded the motion. The meeting adjourned at 7:39 P.M.