Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON February 5, 2007 AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Vice Chairman Clarence Badgley Mr. Joseph Moloughney Mr. Mark DeFruscio Ms. Sharon Gariepy Mr. Edward Carboni MEMBERS EXCUSED: Chairman Joseph Koval ALSO PRESENT: Ms. Erin Thomas, City Planner Ms. Amy Ryan, Recording Secretary Vice Chairman Badgley called the meeting to order at 6:35 p.m. He then asked the Recording Secretary to call the order of attendance. There were no minutes to approve. I. PUBLIC HEARING AND CONSIDERATION OF A MINOR SUBDIVISION PLAT ENTITLED, “3-LOT MINOR SUBDIVISION LANDS OF HOSTIG” SUBMITTED BY MR. JOSEPH HOSTIG FOR 59 HEARTT AVENUE. Ms Thomas stated that the application for review is for a 3-Lot Minor Subdivision which Mr. Hostig came in early 2006 and applied for building permits to build a 3 unit residential structure on a 100 x 100 size lot. This was allowed under the former zoning code however Mr. Hostig expressed his interest in subdividing these lots at a later date after the buildings were built. Ms Thomas state that she felt that this was fine. He will need variances due to a deficiency in lot sizes. Vice Chairman Badgley called a public hearing at 6:36 p.m. He asked if there was anyone present who would like to speak in regards to this matter. Mr. Hostig, owner of 59 Heartt Avenue, spoke in regard to this matter. He stated that the property was previously some type of club which was abandoned and in ill repair. After acquiring the property, the original structure was taken down and a 3 Unit Townhouse was built on one foundation which will be available this spring for sale. He stated that they are 3 individual structures built as completely isolated units with all party walls, fire walls, separate utilities; the only thing they share is the bottom slab. He would like to have this on the tax maps filed as three separate lots so they can be purchase individually. Vice Chairman Badgley closed the public hearing at 6:40 p.m. He asked the member of the Board if they had any questions or comments. There were none. Vice Chairman Badgley proceed with introducing Resolution #11 for 2007 Cohoes Planning Board Resolution of the Cohoes Planning Board Approving the Final Subdivision Plat entitled, “3-Lot Minor Subdivision Lands of Hostig—Heartt Avenue” SBL#11.54-2-15.1 _____Sharon Gariepy_____ presented the following Resolution, which was Seconded by Mark DeFruscio . WHEREAS, Mr. Joseph Hostig of 2 Catallo Drive, Waterford, County of Saratoga, New York, did present for approval pursuant to Section 285-114 of the City Code, an application for approval of the Final Subdivision Plat entitled, “3-Lot Minor Subdivision Lands of Hostig—Heartt Avenue” City of Cohoes, County of Albany, New York, and WHEREAS, said Planning Board did meet at its offices at Cohoes City Hall, New York, on the 5th day of February, 2007, 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, “3-Lot Minor Subdivision Lands of Hostig—Heartt Avenue” 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 , Mark DeFruscio AYE , Joseph Moloughney ABSTAIN , Edward Carboni Non Voting Member , Erin Thomas Resolution #11 for 2007 for the Cohoes Planning Board was passed. II. Determination of Environmental Significance pursuant to the SEQRA for a residential project proposing five buildings having a combined total of 20 condominiums on James Street, submitted by Krug Home Builders and III. Consideration of a recommendation to the Common Council regarding the re-zoning of a parcel on James Street, SBL #11.17-2-5.2, to a Planned Development District. Vice Chairman Badgley asked Ms Thomas to address the board. Ms. Thomas stated that the application came before the Board in August 2006 and the board declared the action as an unlisted action pursuant to the SEQRA. Since that time the project has undergone some internal review by a third party review consultant and as a result several changes have been made. Copies have been distributed to the Board members as they have been submitted. They are asking that the Board consider making a determination of environmental significance on this action. Ms Thomas recommended that the Board name it as having a negative declaration. Also the City Council asked the Board for a recommendation on the rezoning of this parcel from being a tri-zoned parcel to a Planned Development District. Vice Chairman Badgley asked the Board if they had any questions. He then asked if there was anyone in the public who would like to speak in regards to this proposal. Mr. Joe Biekin (?) from ADD Engineering stepped forward to answer any questions. Ms. Thomas stated that the Garry Nathan, the City Engineer recommended that as a contingency to the Boards approval, the Board also require the submission of as-built drawing. If the Board wished this recommendation could be included in the resolution. Vice Chairman Badgley read into the record Resolution #12 for 2007 Cohoes Planning Board RESOLUTION PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) DETERMINATION OF SIGNIFICANCE; NEGATIVE DECLARATION Re: Application of Krug Home Builders for Site Plan Approval To develop a 20 Condominium Unit Housing Project, 6.76 acre tract, James Street, Cohoes, New York WHEREAS, the Planning Board of the City of Cohoes has received an application, a long form environmental Assessment Form (EAF), Site Plan, and related materials, from Krug Home Builders, to develop a 20 Condominium Dwelling Unit Housing Project, on approximately 6.76 acres of land located along the eastern boundary of James Street, and along the western boundary of the Mohawk-Hudson Bike path, City of Cohoes, New York (hereinafter the “premises”); and WHEREAS, the premises is currently zoned Multi-Family Residential District A-2, Land Conservation District L-C, and Single-Family District A- 1, in which residential buildings are principally permitted uses; and the Applicant proposes that the City of Cohoes rezone this tract of land by action of the City Council, and, correspondingly, Applicant seeks a recommendation from the Planning Board to the City Council relative to the Planned Development District rezoning action, and WHEREAS, the applicant has applied to the City of Cohoes Planning Board for site plan approval of this project. WHEREAS, by Resolution Number 44 for 2006, adopted August 7, 2006, the Planning Board determined that the proposed action was an Unlisted Action under SEQRA, and accepted responsibility as Lead Agency to conduct a SEQRA review of the proposed action in conjunction with its review of the Site Plan application under the applicable provisions of the City Code, and WHEREAS, on August 7, 2006, the Planning Board conducted a Public Meeting, at which the Applicant presented it’s Application to the Board, and the Board took public comment thereon, WHEREAS, the Board has reviewed all of the materials presented, and considered the public comments made thereon, and WHEREAS, the Planning Board has determined to issue a Negative Declaration of Environmental Significance in accord with 6 NYCRR 617.7 (a) (2) pursuant to the terms of the Notice of Determination of Non- significance of even date submitted herewith, NOW, THEREFORE, IT BE AND HEREBY IS RESOLVED, 1. The proposed action will not have any significant adverse environmental impacts and will not require the preparation of a full EIS, and 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. 2. That pursuant to Chapter 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 site from Multi- Family Residential District A-2, Land Conservation District L-C, and Single-Family District A-1 to a Planned Development District be granted in all respects. On a motion made by Board Member __Mark DeFruscio__________, seconded by Board Member __Joseph Moloughney_________, THE FOREGOING RESOLUTION was put to vote as follows on February 5, 2007: ABSENT , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy AYE , Mark DeFruscio AYE , Joseph Moloughney ABSTAIN , Edward Carboni Non Voting Member , Erin Thomas Resolution # 12 for 2007 for the Cohoes Planning Board was passed. IV. Determination of environmental significance pursuant to the SEQRA for a sign located at the corner of Hinds Drive and Columbia Street, submitted by Columbia Gardens LLC and V. Final site plan review of a sign located at the corner of Hinds Drive and Columbia Street, submitted by Columbia Gardens LLC. Vice Chairman Badgley stated that the next item on the agenda was Resolution #13 for 2007 for the determination of environmental significance pursuant to the SEQRA for a sign located at the corner of Hinds Drive and Columbia Street submitted by Columbia Gardens LLC. He asked if the representatives for Columbia gardens had anything further they would like to add. Mr. Daniel Horowitz, representing the Columbia Gardens LLC. stated that an analysis for the size and location of the sign was discussed at the last meeting. They had no further comments. Ms. Thomas stated that the resolution that was prepared gives this project a negative declaration of environmental significance if the Board chooses to accept it. She also stated that the next item for consideration would be for final site plan approval for the sign. Then it would go the Zoning Board the same month for review of variances required. Vice Chairman Badgley read into the record Resolution #13 and #14 for 2007 Cohoes Planning Board RESOLUTION PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) DETERMINATION OF SIGNIFICANCE; NEGATIVE DECLARATION Re: Application of Columbia Gardens Development LLC for Site Plan Approval To erect a sign at Hinds Drive and Columbia Street, Cohoes, New York WHEREAS, the Planning Board of the City of Cohoes has received an application, a short form environmental Assessment Form (EAF), Site Plan, and related materials, from Columbia Gardens Development LLC, to erect a sign at Hinds Drive and Columbia Street, City of Cohoes, New York (hereinafter the “premises”); and WHEREAS, the premises is currently zoned Residential. WHEREAS, the applicant has applied to the City of Cohoes Planning Board for site plan approval of this project. WHEREAS, by Resolution Number 4 for 2007, adopted January 8, 2007, the Planning Board determined that the proposed action was an Unlisted Action under SEQRA, and accepted responsibility as Lead Agency to conduct a SEQRA review of the proposed action in  conjunction with its review of the Site Plan application under the applicable provisions of the City Code, and WHEREAS, on January 8, 2007, the Planning Board conducted a Public Meeting, at which the Applicant presented it’s Application to the Board, and the Board took public comment thereon, WHEREAS, the Board has reviewed all of the materials presented, and considered the public comments made thereon, and WHEREAS, the Planning Board has determined to issue a Negative Declaration of Environmental Significance in accord with 6 NYCRR 617.7 (a) (2) pursuant to the terms of the Notice of Determination of Non- significance of even date submitted herewith, NOW, THEREFORE, IT BE AND HEREBY IS RESOLVED, 3. The proposed action will not have any significant adverse environmental impacts and will not require the preparation of a full EIS, and 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. On a motion made by Board Member _Sharon Gariepy____, seconded by Board Member __Joseph Moloughney_____, THE FOREGOING RESOLUTION was put to vote as follows on February 5, 2007: ABSENT , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy AYE , Mark DeFruscio AYE , Joseph Moloughney ABSTAIN , Edward Carboni Non Voting Member , Erin Thomas Vice Chairman Badgley the read into the record Resolution #14 for 2007 for the final site plan review for a sign located at the corner of Hinds Drive and Columbia Street. Member Moloughney stated that the owners address was incorrect and needed to be corrected. Ms. Thomas noted the correction. Resolution of the Cohoes Planning Board for Final Site Plan Approval of a sign at Hinds Drive & Columbia Street, SBL#10.14-3-24 __Joseph Moloughney__________ presented the following Resolution, which was Seconded by Mark DeFruscio . WHEREAS, Columbia Gardens Development LLC of 72 Essex Street, Lodi, County of Bergen, New Jersey did present for approval pursuant to Section 285-93 (C) of the City Code, an application for final approval of a sign at Hinds Drive & Columbia Street, and WHEREAS, said Planning Board did meet at its offices at Cohoes City Hall, New York, on the 5th day of February, 2007, 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 final approval of a sign at Hinds Drive & Columbia Street, 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 , Mark DeFruscio AYE , Joseph Moloughney ABSTAIN , Edward Carboni Non Voting Member , Erin Thomas The resolution passed. VI. Determination of environmental significance pursuant to the SEQRA for a sign located at 184 Remsen Street, submitted by Ms Diane Conroy- Lacivita and VII. Final site plan review of a sign located at 184 Remsen Street, submitted by Ms Diane Conroy-Lacivita. Member Gariepy noted that Ms. LaCivita was not present. Ms. Thomas recommended to the Board that they close out SEQRA due to the fact that the sign is already erected and they know its location. However, she suggested that the Board hold off on final site plan approval until Ms. LaCivita submits the dimensions of the location of the sign. Vice Chairman Badgley stated that the Board would vote on Resolution #15 and table Resolution #16. He read into the record Resolution #15 for 2007. RESOLUTION PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) DETERMINATION OF SIGNIFICANCE; NEGATIVE DECLARATION Re: Application of Ms. Diane Conroy-Lacivita for Site Plan Approval To erect a sign at 184 Remsen Street, Cohoes, New York WHEREAS, the Planning Board of the City of Cohoes has received an application, a short form environmental Assessment Form (EAF), Site Plan, and related materials, from Ms. Diane Conroy-Lacivita, to erect a sign at 184 Columbia Street, City of Cohoes, New York (hereinafter the “premises”); and WHEREAS, the premises is currently zoned MU-1. WHEREAS, the applicant has applied to the City of Cohoes Planning Board for site plan approval of this project. WHEREAS, by Resolution Number 6 for 2007, adopted January 8, 2007, the Planning Board determined that the proposed action was an Unlisted Action under SEQRA, and accepted responsibility as Lead  Agency to conduct a SEQRA review of the proposed action in conjunction with its review of the Site Plan application under the applicable provisions of the City Code, and WHEREAS, on January 8, 2007, the Planning Board conducted a Public Meeting, at which the Applicant presented its Application to the Board, and the Board took public comment thereon, WHEREAS, the Board has reviewed all of the materials presented, and considered the public comments made thereon, and WHEREAS, the Planning Board has determined to issue a Negative Declaration of Environmental Significance in accord with 6 NYCRR 617.7 (a) (2) pursuant to the terms of the Notice of Determination of Non- significance of even date submitted herewith, NOW, THEREFORE, IT BE AND HEREBY IS RESOLVED, 4. The proposed action will not have any significant adverse environmental impacts and will not require the preparation of a full EIS, and 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. On a motion made by Board Member _Sharon Gariepy____, seconded by Board Member __Mark DeFruscio_____, THE FOREGOING RESOLUTION was put to vote as follows on February 5, 2007: ABSENT , Joseph Koval, Chairman AYE , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy AYE , Mark DeFruscio AYE , Joseph Moloughney ABSTAIN , Edward Carboni  Non Voting Member , Erin Thomas Resolution #15 for 2007 for the Cohoes Planning Board was passed. Vice Chairman Badgley stated that Resolution #16 for 2007 which was final site plan review of a sign located at 184 Remsen Street, submitted by Ms. Diane LaCivita would be tabled until the Board receives more information. Member Gariepy made a motion to table; Member Moloughney seconded the motion. All were in favor. Member DeFruscio made a motion to adjourn; Vice Chairman Badgley seconded the motion. The meeting was adjourned at 7:00 p.m.