Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING COMMISSION MEETING HELD ON JULY 16, 2007 AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Chairman Joseph Koval Ms. Sharon Gariepy Mr. Joseph Moloughney Mr. Edward Carboni MEMBERS ABSENT: Vice-Chairman Clarence Badgley Mr. Mark DeFruscio ALSO PRESENT: Mr. Edward Tremblay, Community Development Officer Ms. Carol Shufelt, Recording Secretary Mr. Thomas McGrath, Engineer Mr. Darrin Derosia, Corporation Council CONSIDERATION OF THE MINUTES OF THE JUNE 11, 2007 MEETING Chairman Koval called the meeting to order at 6:40 p.m. Chairman asked the recording secretary to take attendance call. Chairman Koval made a motion to approve the minutes of June 11, 2007. Member Moloughney seconded the motion, roll of call was taken and motion passed unanimously. YES NO Joseph Koval X Sharon Gariepy X Joseph Moloughney X Edward Carboni X PUBLIC HEARING AND CONSIDERATION OF A SUBDIVISION AT 219 ONTARIO STREET (RT. 787 & RT 470), SUBMITTED BY CAPITAL COMMUNICATIONS FEDERAL CREDIT UNION. Application before the board is for subdivision approval for proposed Capital Communications Federal Credit Union. Mr. Lynn Sipperly, engineer, for the applicant. Chairman Koval opened the Public Hearing at 6:41 PM. Mr. Derosia asked when the strip of land along Ontario Street near Route 787 would be transferred to NYSDOT; Mr. Sipperly stated that the transfer will happen simultaneously when NYSDOT transfers other lands along Route 787 to Capital Communications Federal Credit Union. Chairman Koval asked the Board if anyone had any questions. Since there were no questions, Chairman Koval read Resolution #26 into the record.  Resolution #26 for 2007 Cohoes Planning Board Resolution of the Cohoes Planning Board Approving a subdivision for the location at 219 Ontario Street, SBL# 10.60-2-3 Joseph Moloughney presented the following Resolution, which was seconded by Sharon Gariepy. WHEREAS, Capital Communication Federal Credit Union, did present for approval pursuant to Section 285-120 of the City Code, an application for approval for Capital Communications Federal Credit Union subdivision at 219 Ontario Street, Cohoes, County of Albany, New York, and WHEREAS, the subdivision will be as indicated on sheet 1 of the subdivision map sealed the twenty-fourth day of April 2007, and WHEREAS, said Planning Board did meet at its offices at Cohoes City Hall, New York, on the 16th day of July, 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 a subdivision located at 219 Ontario 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: AYE , Joseph Koval, Chairman ABSENT , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy ABSENT , Mark DeFruscio AYE , Joseph Moloughney AYE , Edward Carboni Non Voting Member, Edward C. Tremblay Joseph Koval Date Chairman, Cohoes Planning Board Edward C. Tremblay Date Community Development Officer Member Moloughney made a motion to approve the subdivision located at 219 Ontario Street. Member Gariepy seconded the motion, roll of call was taken and motion passed unanimously. YES NO Joseph Koval X Sharon Gariepy X Joseph Moloughney X Edward Carboni X CONSIDERATION OF FINAL SITE PLAN APPROVAL OF A COMMERCIAL BUILDING AT 219 ONTARIO STREET (RT. 787 & RT. 470), SUBMITTED BY CAPITAL COMMUNICATIONS FEDERAL CREDIT UNION . Application before the board is for final site plan approval of a commercial building at 219 Ontario Street. Mr. Lynn Sipperly, engineer, for applicant. That since the last meeting we have spent time tracing out the utility lines operated. The whole purpose of this exercise is that we are proposing a catch basin in an area to pick up any water that may go up against the DPW building. It had previously connected to a manhole that went into a sanitary sewer, which was never our intention. We also responded to the review comments one of which was the utilities, we also have moved the hydrant to the end of this island between Capcom Way and our site and we also created a utility easement to cover the catch basin on Ontario Street and to cover the hydrant it provides the city rights to go and maintain the storm sewer and the hydrant. Other comments were misspellings and the water meter that the city does not use we changed them from Mueller meters to what the city uses is Badger Meters. Previous Site plan this was a surface island to be painted, since the last meeting National Grid and Verizon stated that they needed a pole at this location so we have taken the painted island and now made it a curbed island with green area and sidewalk to accommodate the pole and protect it so customers will not hit it. The resolutions of the utilities did not occur until mid day on Friday, we did send them to Mr. McGrath and he agreed to how they are proposed. Mr. McGrath stated that there is one other item and that is the 30” sewer line. Mr. Derosia asked if the easement has to be formally granted from NYSDOT. Mr. Tremblay stated that the final description for the utility easement will be forwarded to the City Engineer and Corporation Council. Mr. Koval asked if there were any comments from anyone in the audience. There was none.  Resolution #27 for 2007 Cohoes Planning Board Resolution of the Cohoes Planning Board Approving Final Site Plan of a commercial building with a drive through facility for the location at 219 Ontario Street, SBL# 10.60-2-3 Sharon Gariepy presented the following Resolution, which was seconded by Edward Carboni. WHEREAS, Capital Communications Federal Credit Union, did present for approval pursuant to Section 285-129 of the City Code, an application for approval for Capital Communications Federal Credit Union for Final Site Plan approval of a commercial building with a drive thru facility at 219 Ontario Street, Cohoes, County of Albany, New York, and WHEREAS, said Planning Board did meet on June 11, 2007 and declared a Negative Declaration of Environmental Significance and also approved the Preliminary Site Plan, and WHEREAS, said Planning Board did meet at its offices at Cohoes City Hall, New York, on the 16th day of July, 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 Site Plan approval of a commercial building with a drive thru facility located at 219 Ontario Street, Cohoes, County of Albany, New York, be and the same is hereby approved as per plans submitted with the following conditions: 1.) A copy of the approval from the Department of Transportation to utilize the 30” sewer should be filed with the City Engineer before work commences on the sewer. 2.) Legal descriptions for the utility easements should be forwarded to the City Engineer and Corporation Council before construction begins. THE FOREGOING RESOLUTION was put to vote as follows: AYE , Joseph Koval, Chairman ABSENT , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy ABSENT , Mark DeFruscio AYE , Joseph Moloughney AYE , Edward Carboni Non Voting Member, Edward C. Tremblay Joseph Koval Date Chairman, Cohoes Planning Board Edward C. Tremblay Date Community Development Officer Member Gariepy made a motion to approve the Final Site Plan located at 219 Ontario Street as per plans submitted with the following conditions: 1.) A copy of the approval from the NYS Department of Transportation to utilize the 30” sewer should be filed with the City Engineer before work commences on the sewer. 2.) Legal descriptions for the utility easements should be forwarded to the City Engineer and Corporation Counsel before construction begins. Member Carboni seconded the motion, roll of call was taken and motion passed unanimously. YES NO Joseph Koval X Sharon Gariepy X Joseph Moloughney X Edward Carboni X CONSIDERATION OF A SPECIAL USE PERMIT FOR A DRIVE UP FACILITY AT THE CAPITAL COMMUNICATIONS FEDERAL CREDIT UNION LOCATED AT 219 ONTARIO STREET, SUBMITTED BY CAPITAL COMMUNICATIONS FEDERAL CREDIT UNION. Application before the board is for a special use permit for a drive-up facility located at 219 Ontario Street. There were no questions from the Board or attendees. Resolution # 28 was read into the record.  Resolution #28 for 2007 Cohoes Planning Board Resolution of the Cohoes Planning Board Approving a Special Use Permit for a drive up facility for the location at 219 Ontario Street, SBL# 10.60-2-3 Sharon Gariepy presented the following Resolution, which was seconded by Joseph Moloughney WHEREAS, Capital Communications Federal Credit Union, did present for approval pursuant to Section 285-40 of the City Code, an application for approval for Capital Communications Federal Credit Union for a Special Use Permit for a drive up facility at 219 Ontario Street, Cohoes, County of Albany, New York, and WHEREAS, said Planning Board did meet at its offices at Cohoes City Hall, New York, on the 16th day of July, 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 a Special Use Permit for a drive up facility located at 219 Ontario 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: AYE , Joseph Koval, Chairman ABSENT , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy ABSENT , Mark DeFruscio AYE , Joseph Moloughney AYE , Edward Carboni Non Voting Member, Edward C. Tremblay Joseph Koval Date Chairman, Cohoes Planning Board Edward C. Tremblay Date Community Development Officer Member Gariepy made a motion to approve the special use permit for a drive up facility located at 219 Ontario Street. Member Moloughney seconded the motion, roll of call was taken and motion passed unanimously YES NO Joseph Koval X Sharon Gariepy X Joseph Moloughney X Edward Carboni X DETERMINIATION OF ENVIRONMENTAL SIGNIFICANCE PURSUANT TO THE SEQRA FOR AN APPLICATION FOR SUBDIVISION OF LAND AT 25-31 ONTARIO STREET, SUBMITTED BY MR. KARL BRODSKY Application before the board is for an environmental significance pursuant to SEQRA for an application for subdivision. Mr. Tremblay stated that we were presented with a plan for a minor subdivision for 25-31 Ontario Street. At our June 1, 2007 meeting we took action to look at this as a total project. At our June 11, 2007 special meeting we were told that a sale is not dependent on review of the site plan. We have not received an official application from the second buyer. Member Gariepy has a question regarding why 24 parking spots are enough. Mr. Tremblay stated that the building is grandfathered in non conforming use. In our zoning update that we did last year it is now a mixed use area. The current use of the building is strictly being used commercial. We have not received any plans. A couple of options were to have it as mixed use or to convert it to all apartments. The parking issue is not considered part of SEQRA. Mr. Derosia stated that parking does not show up in the regulations, but traffic flow does. That is addressed by the SEQRA resolution. The board may look into any issue they feel has an impact on the environment. Whether there is enough parking is usually reserved for site plan review. What this resolution seeks to do is to put off a site specific SEQRA review to be done in conjunction with site plan review for any potential future use.  Resolution #24 for 2007 Cohoes Planning Board Resolution of the Cohoes Planning Board Resolution Pursuant to the State Environmental Quality Review Act (SEQRA) To Issue A Negative Declaration Of Environmental Significance __Sharon Gariepy______ presented the following Resolution, which was seconded by Edward Carboni. WHEREAS, the Planning Board of the City of Cohoes has received an application, an environmental Assessment Form (EAF), and related materials, from Mr. Karl Brodsky and Mr. Robert Annenberg, to subdivide property and to possibly convert vacant commercial space into residential at 25-31 Ontario Street, City of Cohoes, New York (hereinafter the “premises”); and WHEREAS, the premises is currently zoned MU-1 Mixed-Use; 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 Resolution adopted May 7, 2007, the Planning Board determined that the proposed action was an unlisted action under SEQRA, accepted responsibility as Lead Agency to conduct a SEQRA review of the proposed action in conjunction with its review of the subdivision application under the applicable provisions of the City Code, and scheduled a public hearing thereon to take place on July 16, 2007 at 6:30 P.M.; and WHEREAS, the applicant wishes to subdivide two existing lots into three in order to market them for sale, and proposed buyers under contract have made said subdivision a condition of sale; and WHEREAS, proposed buyers under contract have submitted preliminary and incomplete sketch plans and information regarding the potential future rehabilitation of current vacant commercial space on the premises to include a total of 24 residential units on the upper floors; and WHEREAS, 6 NYCRR Section 617.7 requires a lead agency to issue a written determination of significance with respect to any proposed Unlisted action; and WHEREAS, the Board has carefully considered the nature and scope of the proposed Project, as set forth in the Full Environmental Assessment Form and all other material prepared with respect to such action, and makes the following findings: 1. The proposed use of the property as potentially mixed use with 24 residential units on upper floors will not result in a substantial adverse change in existing air quality. While the construction phase of the project will result in an increase in existing noise levels, such impacts will be temporary in nature and may be mitigated through incorporation of standard restrictions limiting the times at which construction may occur. 2. The proposed use of the property will not result in a significant adverse impact to existing traffic in the area. Mixed Use of the premises may have less traffic impacts than the present commercial use at maximum occupancy. 3. The proposed use of the property should not result in a significant adverse change in the quality or quantity of ground or surface water; potential issues with storm water may be addressed as more information is available for any future use and a site specific review may be done if necessary in conjunction with site plan review. This same finding is made with respect to water and sewer infrastructure and solid waste production. 4. The proposed use of the property will not result in the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources. 5. The proposed use of the property is a permitted use, and will not result in a material conflict with the community’s current plans or goals as officially approved or adopted. 6. The proposed action will not result in a major change in either the quantity or type of energy, and will not result in the creation of a hazard to human health; will not result in a substantial change in the use, or intensity of use, of land including agricultural, open space, or recreational resources, or in its capacity to support existing uses; and will not result in the impairment of the environmental characteristics of a Critical Environmental Area. 7. The proposed action will not result in the encouragement or attraction of a large number of people to the site as compared to the number of people that would come absent the action. NOW, THEREFORE, BE IT RESOLVED, that the Board finds and concludes that the proposed action is an Unlisted action within the meaning of 6 NYCRR 617.2(ak); and be it further RESOLVED that the Board hereby declares itself lead agency with respect to the environmental review of the proposed project; and be it further RESOLVED, that upon consideration of the foregoing, the Board finds and concludes that the proposed action, inclusive of the identified mitigation measures, will not have any significant adverse environmental impacts and will not require the preparation of a full EIS, however, the review of the Planning Board has been done based upon a projected use consistent with the current zoning regulations with respect to use and other factors; the Planning Board reserves the right to conduct a site specific review pursuant to SEQRA, in conjunction with Site Plan Review, in the event that the proposed use is modified or as further details become apparent and available; and be it further RESOLVED, that a Negative Declaration of Environmental Significance in accord with 6 NYCRR 617.7 (a) (2) is hereby issued, and that a Notice of Determination of Non-significance shall be filed accordingly. THE FOREGOING RESOLUTION was put to vote as follows: AYE , Joseph Koval, Chairman ABSENT , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy  ABSENT , Mark DeFruscio AYE , Joseph Moloughney AYE , Edward Carboni (Alternate) Non Voting Member, Edward C. Tremblay Joseph Koval Date Chairman, Cohoes Planning Board Edward C. Tremblay Date Acting Zoning Officer Member Gariepy made a motion to issue a negative declaration of environmental significance. Member Carboni seconded the motion, roll of call was taken and motion passed unanimously YES NO Joseph Koval X Sharon Gariepy X Joseph Moloughney X Edward Carboni X PUBLIC HEARING AND CONSIDERATION OF AN APPLICATION FOR A SUBDIVSION AT 25-31 ONTARIO STREET, SUBMITTED BY KARL BRODSKY Application before the board is for an application for subdivision, located at 25-31 Ontario Street. Chairman Koval opened the Public Hearing at 7:11 PM. What we are looking to do is turn 2 lots into 3 lots. Member Moloughney would like to know that in this subdivision should we provide parking for the current use to be sure that it is covered. Mr. Derosia stated that yes. Chairman Koval stated that if this continues under its present use for sometime in the future this is grandfathered in based on current use. Mr. Derosia stated that if the subdivision changes that renders its use illegal or is enough of a change that loses its status as non conforming use. Mr. Tremblay stated that this subdivision is not eliminating any current parking the parking that was drawn on the plans currently does not exist, currently undeveloped land that is not used for parking. Parking traditionally was always in a lot under a previous owner, which will be looked at because the parking lot is on a piece of property that is listed as Railroad Street which has not been developed or maintained by the City of Cohoes. The current survey it will show so the parking that has been utilized for this building is still going to be the parking for the people that are working on the property. Member Moloughney concern that the parking dedicated to the current building is not continuous there is another parcel in between. Chairman Koval stated that the lot is not the parking for the building. Member Moloughney stated that not currently but the capacity of that building should tenants change could easily need to accommodate that. Member Gariepy asked if it was a 3 story or 4 story building. It is a 4 story building. Chairman Koval asks Member Moloughney if he wants the applicant to guarantee that the lot is made available for parking for the building. Chairman Koval asked if we have the authority to do that given the existing code. Mr. Derosia stated that he thinks the only way to do this is to connect the lots. Mr. Tremblay stated that under its current non conforming use it would need the highest number of parking spaces. If it was changed to apartments it would need less spaces. Member Moloughney asked does the active subdivision trigger a review of current parking. Mr. Derosia stated no he does not believe so.  Resolution #25 for 2007 Cohoes Planning Board Resolution of the Cohoes Planning Board Approving a subdivision for the location at 25-31 Ontario Street, SBL#11.62-1-5, SBL # 11.62-1-4 Edward Carboni presented the following Resolution, which was seconded by Joseph Koval . WHEREAS, Karl Brodsky, did present for approval pursuant to Section 285-100 of the City Code, an application for a subdivision at 25-31 Ontario Street, Cohoes, County of Albany, New York, and WHEREAS, said Planning Board did meet at its offices at Cohoes City Hall, New York, on the 16th day of July, 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 a sub division located at 25-31 Ontario Street, Cohoes, County of Albany, New York, be and the same is hereby approved as per plans submitted DATED June 26, 2007 THE FOREGOING RESOLUTION was put to vote as follows: AYE , Joseph Koval, Chairman ABSENT , Clarence Badgley, Vice Chairman AYE , Sharon Gariepy ABSENT , Mark DeFruscio NO , Joseph Moloughney AYE , Edward Carboni Non Voting Member, Edward C. Tremblay Joseph Koval Date Chairman, Cohoes Planning Board Edward C. Tremblay Date Community Development Officer Member Carboni made a motion to approve subdivision located at 25-31 Ontario Street. Member Koval seconded the motion, roll of call was taken and motion passed unanimously  YES NO Joseph Koval X Sharon Gariepy X Joseph Moloughney X Edward Carboni X Chairman Koval called a motion to adjourn. Member Gariepy seconded. All in favor.