Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON September 8, 2008 AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Chairman Joseph Moloughney Vice-Chairman Clarence Badgley Mr. Edward Carboni Mr. Mark DeFruscio Ms. Sharon Gariepy MEMBERS ABSENT: Jake Dumesnil ALSO PRESENT: Ms. Melissa Ashline-Heil, Planner CONSIDERATION OF THE MINUTES OF THE JULY 14, 2008 MEETING Chairman Moloughney called the meeting to order at 6:30 p.m. Chairman asked the planner to take attendance call. Chairman Moloughney asked the Board to decide whether to approve the minutes from the July 14, 2008 meeting. Member Carboni made a motion to approve the minutes of the July 14th, 2008 meeting. Vice Chairman Badgley seconded the motion, roll of call was taken and the motion passed unanimously. YES NO Edward Carboni X Joseph Moloughney X Clarence Badgley X Mark DeFruscio X CONSIDERATION OF A PARKING LOT AT3 MCELWAIN AVENUE The property owner, Nick Walster, presented his proposal for a 25 space parking lot in the empty loading dock adjacent to 3 McElwain Avenue. The applicant also proposes an open chain link fence along the parking lot to act as a car stop. However, Member Carboni asked about lighting and landscaping of the lot as required by the City Code. Mr. Walster did not realize lighting and landscaping would be required. The building has lights and the City Planner indicated the bike path is within 15’ from the parking lot and remains the County’s right of way for maintenance purposes. The lot currently serves two photographers, a pitching coach, a storage facility and an internet children’s toys business. Also proposed is a life jacket light industrial use through Float Tech. According to Code, the Planning Board could require 2 spaces per 1,000 square feet in the building. At over 52,000 square feet total, that would be over 100 spaces. An alternative would be to follow the individual needs of each use. Chairman Moloughney asked what percentage of the building the existing businesses occupy. Mr. Walster indicated that approximately 5,000 square feet, half of the first floor, is occupied by the existing businesses. Float Tech would occupy the third floor. The storage business is on the second floor and the basement remains empty. According to Cohoes City Code, General Offices require three parking spaces per 1,000 square feet for a total of 15 required spaces. Chairman Moloughney indicated that the number of spaces provided on the plans is the maximum that can fit on the lot. However, he would condition any approval with requests for: lighting, landscaping, stormwater details, and a handicapped parking space. Chairman Moloughney asked for the actual parking needs. Mr. Walster indicated that the tenants only use 4 spaces at most at any given time. Neighbor Pat Thibodeau, who lives on Grant Street, posed two questions: 1) How big and where would overflow parking be located? He offered that Grant Street has no parking, is not maintained well and that neighbors park against the warehouse. 2) Is the existing set of stairs leading to the Grant Street entrance for 3 McElwain Avenue permitted on municipal property? Mr. Thibodeau does not mind tenants entering the building from the entrance on Grant Street so long as they park on site rather than in the municipal lot which is already overcrowded. Member DeFruscio asked Mr. Walster whether tenants enter on Grant Street. When Mr. Walster answered “yes” Member DeFruscio then remarked that it is more likely that tenants would park on Grant Street rather than walk up the hill. Mr. Walster added that the new tenants, Float Tech, would enter from the parking lot, but that the existing first floor businesses enter from Grant Street. Member DeFruscio then suggested that Mr. Walster improve the municipal lot by paving and striping it. Chairman Moloughney added that altering the position of spaces might alleviate the narrowness of Grant Street. Instead of perpendicular spaces, the cars might park diagonally or parallel to the building. Chairman Moloughney asked the neighbor whether the concern is an existing problem or a fear of future use. Neighbor Pat Thibodeau answered that he feared in the future the use would interfere with parking on Grant Street. Chairman Moloughney informed Mr. Walster that if he paved the municipal lot it would count toward his needed number of spaces even though his tenants would not be guaranteed that amount. Member DeFruscio moved to approve the parking lots preliminary site plan with the following conditions: lighting, landscaping, stormwater details, county planning board approval and a handicapped parking space. Vice Chairman Badgley seconded the motion. Roll of call was taken and the motion passed unanimously. YES NO Edward Carboni X Joseph Moloughney X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X CONSIDERATION OF GRANTING A SPECIAL USE PERMIT TO INSTALL A SWIMMING POOL AT 5 GRANDVIEW Dwayne Primeau proposed installing an in-ground pool on his property at 5 Grandview. The pool would lie more than 10’ from the rear; 100’ from the front; and more than 10’ from the side property lines. Member Carboni moved to approve the special use permit. Member DeFruscio seconded the motion. Roll of call was taken and the motion passed unanimously. YES NO Edward Carboni X Joseph Moloughney X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X CONSIDERATION OF SITE PLAN FOR 17 WILLOW STREET The owner, Kyle Fillion, sought site plan approval for the renovation of the first floor as an apartment. Currently the first floor is a vacant business retail use – an old barber shop. The applicant proposed waiving the parking requirement because of the property’s proximity to two municipal parking lots. City Code gives the Planning Board discretion to waive parking requirements if the use is within 800 feet of a municipal lot. Chairman Moloughney indicated that it was also within the Board’s discretion to require a monetary contribution to improve the municipal parking lot the owners proposed using. He indicated that the DPW Commissioner provided an estimate of $10,000 to pave the lot, which included sub base, aggregate and paving materials and labor costs. The Planning Board was willing to request half that amount as the applicant’s contribution. The applicant obtained a lower estimate, which he admitted might not meet DPW specs. However, he reiterated that his proposed use would require fewer parking spaces than the retail use and that he should not have to pay any money for parking. Chairman Moloughney indicated that the Planning Board cannot waive the parking requirement which was triggered when Mr. Fillion proposed changing the use of his first floor. Instead, he would need a variance from the Zoning Board ofAppeals. Mr. Fillion decided to pursue that route and left the meeting. CONSIDERATION OF A PRELIMINARY SITE PLAN AT SARATOGA STREET AND PINE Saratoga Street apartments received a variance on the number of units from the Zoning Board of Appeals. The developer resubmits plans for preliminary approval. However, the site directs its stormwater to the City’s CSO. Instead, the City would prefer that the developer connect a pipe to the storm sewer on Cedar Street. Although it is also a CSO, it has a weir that the developer can bypass to direct its runoff into the storm sewer portion of the CSO. Chairman Moloughney then indicated that he had three conditions: 1) the aforementioned storm water changes; 2) retaining wall; and 3) pedestrian access from the buildings to Saratoga Street. Member Carboni asked if there was an entrance on Saratoga Street for pedestrians. The developer answered “no” because the steep slope would require stairs which are a liability. The developer then suggested he could put in a service door where the garages open onto Saratoga Street with an elevator for tenants. That way he would not need to install and maintain stairs along the 60’ steep slope between the building and Saratoga Street. Vice Chairman Badgley moved to approve the negative declaration for SEQR purposes conditioned on the stormwater changes approved by Tom McGrath; Member Gariepy seconded the motion. Roll of call was taken and the motion passed unanimously. YES NO Edward Carboni X Joseph Moloughney X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X Member DeFruscio moved to approve the preliminary site plan; Member Gariepy seconded the motion. Roll of call was taken and the motion passed unanimously. YES NO Edward Carboni X Joseph Moloughney X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X DRAINAGE UPDATE FOR A PARKING LOT AT 55 MOHAWK STREET After Dye testing the storm sewer system surrounding 55 Mohawk Street, the engineer, Mike Schafer presented the results of the testing. The property does not divert water to a CSO. Instead, a 30” main pipe directs the flow directly to the river. In addition, the developer agreed to take on additional flow from a nearby CSO, diverting its stormwater into the system at 55 Mohawk Street. The developer will also cut a hole in a pipe mistakenly left to drain into a manhole. Finally, the engineer cautions against the requested retention system since that may block the existing system. Next, Mr. Schafer discussed the façade improvements proposed. Tearing down the existing façade and rebuilding a smaller entryway will require changes in the roof runoff to direct the flow into the storm sewer system. However, the change will make the building eligible for fewer parking spaces and provide more land for parking. The existing conditions require 429 spaces; after rebuilding the foyer the building will need 324 spaces. After the reconstruction, the parking lot will have 250 spaces at 55 Mohawk Street. In addition, the alteration provides a strip of green space alongside the front of the building for landscaping. Walter Cherniak then asked whether the drainage would create problems. Chairman Moloughney explained that only if the applicant retained water would there be any potential problems. Daniele Cherniak then asked why the developer could not use the parking lot on North Mohawk Street by the River rather than demolishing the structure at 77 Mohawk Street for additional parking. She argued that those who work in Albany walk farther. Chairman Moloughney indicated that the Board would need more information from the developer to address that issue. Chairman Moloughney agreed with leaving out the retention system at 55 Mohawk Street. The next step is to approve a SEQR. However, the City needs the developer to submit plans and a SWPPP to the Review Engineer, Tom McGrath. The engineer will take that next step and return to the Board for approvals in the coming months. CONSIDERATION OF A PARKING LOT FOR 94 HOWARD STREET Tabled until the October 20th meeting due to applicant absence. However, Member Carboni indicated he would like to see the building demolished first so that the Board could take measurements. In addition, Chairman Moloughney would require a concrete curb cut, rather than asphalt, in order to visually distinguish between the sidewalk and parking lot. CONSIDERATION OF A SITE PLAN REVIEW FOR BROOKFIELD POWER EXCAVATION AND FILL PROJECT TABLED until the October 20th meeting per applicant request. CONSIDERATION OF LEAD AGENCY STATUS OF LEXINGTON HILLS DEVELOPMENT ON ST AGNES HIGHWAY The Board discussed the potential environmental impacts of the proposed project off St Agnes Highway behind Dr. Romaine’s office. The Board felt that the project would impact traffic. Vice Chairman Badgley asserted that Western Avenue needs to be widened to accommodate the additional traffic. Member Gariepy answered that the proposed development empties out onto St Agnes Highway where the Town of Colonie recently placed a roundabout to accommodate traffic increases. Council Woman Dianne Nolin averred that the traffic would likely impact Colonie more than Cohoes since the residents would leave St Agnes Highway for Johnson Ave rather than travel Western Avenue or Columbia Street. Chairman Moloughney indicated a concern that the units are all high end and creates disparity between the economically poor downtown Cohoes district and the wealthy residents living on the hill. Member DeFruscio moved to approve the Common Council as lead agency. Member Carboni seconded the motion. Roll of call was taken and the motion passed unanimously. YES NO Edward Carboni X Joseph Moloughney X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X CONSIDERATION OF A SPECIAL USE PERMIT FOR AN ABOVE GROUND SWIMMING POOL AT 1 DIVISION STREET The request was tabled for Code Enforcement to measure the actual dimensions of the property as it is believed the applicant provided inaccurate markings. CONSIDERATION OF A SPECIAL USE PERMIT FOR AN ABOVE GROUND SWIMMING POOL AT 301 CENTRAL AVE The homeowner presented her proposal for an above ground swimming pool at 301 Central Avenue. The pool would rest 50’ from the front property line; 40’ from the rear; and 50’ and 12’ from the side property lines. Member Gariepy moved to approve the special use permit. Member DeFruscio seconded the motion. Roll of call was taken and the motion passed unanimously. YES NO Edward Carboni X Joseph Moloughney X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X CONSIDERATION OF A SPECIAL USE PERMIT FOR AN ABOVE GROUND SWIMMING POOL AT 23 CONLISS AVENUE The homeowner presented her proposal for an above ground swimming pool at 23 Conliss Avenue. The pool would rest 53’ from the front property line; 45’ from the rear; and 45’ and 15’ from the side property lines. Vice Chairman Badgley moved to approve the special use permit. Member DeFruscio seconded the motion. Roll of call was taken and the motion passed unanimously. YES NO Edward Carboni X Joseph Moloughney X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X Member Gariepy moved to adjourn at 8:58pm; Vice Chairman Badgley seconded the motion. Roll of call was taken and the motion passed unanimously.