Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON OCTOBER 20 , 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 Jake Dumesnil MEMBERS ABSENT: Ms. Sharon Gariepy ALSO PRESENT: Ms. Melissa Ashline-Heil, Planner CONSIDERATION OF THE MINUTES OF THE September 8, 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 September 8, 2008 meeting. Member DeFruscio made a motion to approve the minutes of the September 8th, 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 Jake Dumesnil X CONSIDERATION OF A SPECIAL USE PERMIT FOR A HOME OCCUPATION AT 125 LANCASTER STREET The property owner, Brenda Dawkins, presented her proposal for a web design company as a home occupation at her home address of 125 Lancaster Street. Chairman Moloughney asked whether she would have any other employees to which the applicant responded “no.” Member Carboni asked whether clients would visit her home for assistance. Ms. Dawkins indicated that she would need to go the clients rather than the clients visit her home. Member DeFruscio asked if she would be using a high capacity internet. Ms. Dawkins answered she would only be using Road Runner internet service. Section 285-63 subsections A-E of Cohoes Zoning Code describes the following requirements for Home Occupations: 1. The proposed home occupation must take place within the principal structure. 2. No more than two additional employees – other than the occupants of the principal structure – can work for the business. 3. The business owner cannot place exterior storage or indications of the business other than a sign outside the structure. The home occupation cannot district from the residential character of the property. 4. The code prohibits any nuisances arising from home occupations – noise, fumes, odors, dust, vibrations, heat, glare, smoke or the storage of hazardous materials. 5. The business owner can use a maximum of only 40% of the home for the business. Here the applicant’s proposal for an internet business meets the code requirements. She does not intend to place even a sign outside her home. She would be the only employee. She would only be using her computer at home to perform the work. Member DeFruscio moved to approve the special use permit for operating a home occupation at 125 Lancaster Street based on the fact it met zoning code requirements and did not create any nuisances for neighbors. 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 Jake Dumesnil X CONSIDERATION OF LEAD AGENCY STATUS OF LEXINGTON HILLS DEVELOPMENT ON ST AGNES HIGHWAY The applicant, William Hoblock of Capital District Properties, described his proposed project of attached carriage houses, condominiums and apartments. The project would be located on 77 acres in Cohoes off St Agnes Highway and abutting Western Avenue as well as the Town of Colonie border. The 48 Carriage Houses would feature 14-1800 square foot units with attached garages. The 48 condominiums would offer unattached garages servicing the 12-1500 square foot units. Finally the 312 apartments would provide living space one might buy but with the convenience of renting: no property taxes, maintenance requirements, etc. The apartments would be 850 to 1550 square feet depending on the number of bedrooms. The apartments would offer a clubhouse facility with a gym and swimming pool. Spread out over 26 buildings with 12 apartments in each, the Paddocks would circle in on itself to provide a courtyard for the renters’ community. The garages would be in the sides of the apartment buildings to maintain an aesthetically pleasing streetscape. The 77 acre parcel appeared ideal to the developer due to its City conveniences and Country feel. Mr. Hoblock proposes building on only 55 acres of the land, leaving 75% of the acreage as green space. This includes both the structures and the paving. Single family homes, permitted in the R- 1 zoned parcels, would not meet City green space requirements as well. The code requires 50% green space and coverage in the R-1 zone. The PDD creates a diverse neighborhood for those who want to live in Cohoes but cannot find this style of housing available. The PDD will not impact schools because the housing is geared to empty nesters and young, childless professionals. In conclusion, Mr. Hoblock avers, the project creates a public benefit, adds to the City tax rolls and makes a good use of the available land. He provides a high quality product which his company will continue to own and so have a vested interest in its quality. Member Carboni asked where visitors would park. The applicant replied that visitors would park either on the driveways, in the garages or in the street. Member Dumesnil asked whether Mr. Hoblock has any agreement with Dr. Romaine for first chance of purchase on the remaining property which currently houses the doctor’s office. Mr. Hoblock answered “no” and indicated that he has a good relationship with Dr. Romaine and is not concerned about development of that parcel. Member DeFruscio asked is the applicant proposes using any green construction techniques or materials. Mr. Hoblock indicated he uses the highest quality insulation and stick construction to save on energy costs. Member Carboni asked if the units would be sprinkled to which the applicant replied the units and common spaces would be sprinkled for fire safety. Chairman Moloughney asked if the existing facility, located in Wilton, features owned units or rental units. Mr. Hoblock responded that the Wilton facility is all rental units. Chairman Moloughney then asked whether the proposed community center would serve the entire development. At this time, Mr. Hoblock has not planned on it serving all if the development. Chairman Moloughney then asked whether there would be sufficient recreation space as required by City code. Mr. Hoblock answered that he has plenty of green space and intends to create walking and bike trails. Chairman Moloughney then admired the visual buffer between the back of the development and the St Agnes Cemetery. Mr. Hoblock also pointed out that the apartment units look in on the center courtyard rather than toward adjoining properties. Chairman Moloughney reiterated his concern that the units are all high end and create a disparity between the economically poor downtown Cohoes district and the wealthy residents living on the hill. The Planner responded that Cohoes is unbalanced with the opposite problem: too much low income housing. Chairman Moloughney is looking for quality low income housing. However, Main Street and other economic development grants seek to improve the existing low income housing stock. Finally, Chairman Moloughney indicated he does not feel prepared to make recommendations to the Common Council at this time due to the Planning Board Engineer’s absence. He would like to see more information on how the development will handle stormwater. The applicant argues that preparing site plans is costly and he cannot justify the expense until he has at least the PDD approved. The Planning Board is concerned with allowing SEQR to close prior to a full review by the Planning Board Engineer. CONSIDERATION OF A PARKING LOT FOR 94 HOWARD STREET The owner, James Pigeon, seeks site plan approval for a four space parking lot located at 94 Howard Street. He demolished the existing home informally referred to as “90-92 Howard Street” due to structural problems with the building. He proposes placing the parking spaces where the demolished home once stood. On the same property the applicant also owns a building referred to as 62 Main Street which he rents out. He proposes the parking lot as off street parking for his tenants. As a grandfathered nonconforming use (due to the lack of off street parking for his tenants), he is not required to provide off street parking. However, he plans to pave the section of his property to create four 10X20 spaces with a 30’ curb cut. He also proposes placing a fence against the back of the parking area as a car stop. Member Carboni asked how wide a space the applicant has for the parking area. The applicant answered he had 40’ width and 11’ depth. Member Carboni pointed out that a portion of building remains that may interfere with the cars pulling in. Member DeFruscio asked if the parking lot would impact the existing sidewalk. Mr. Pigeon responded that he had 20’ for cars to pull in except where the structure impeded parking. However, he argued that smaller cars could still pull in without parking on the sidewalk. Chairman Moloughney asked if the applicant planned on maintaining the sidewalk. Mr. Pigeon did intend to pour concrete for the sidewalk and remove the trees. Chairman Moloughney required that he regrade the sidewalk once the curb cut is in so that cars would not have a rough ride pulling into the parking spaces. Member Carboni moved to approve the conditioned resolition. 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 Jake Dumesnil X CONSIDERATION OF SEQR FOR A PARKING LOT AND FAÇADE CHANGES AT 55 MOHAWK STREET The applicant’s engineer, Mike Schafer, appeared to request a close to the SEQR review of proposed parking and façade changes at 55 Mohawk Street. He had received comments back from Tom McGrath, Planning Board Engineer, but had not yet addressed the comments. However, he felt that Tom McGrath’s concerns constituted mostly engineering details and misunderstandings. He plans to meet with Mr. McGrath personally to review the plans and resolve outstanding issues. He also assured the Board that he would make whatever alterations were necessary to comply with stormwater, traffic and engineering approvals. Member DeFruscio moved to approve a negative declaration for SEQR purposes. 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 Jake Dumesnil X The Board then continued to review the site plan details. Chairman Moloughney requested details on uses and square footage of each use so we can determine the parking required under City Code. Mr. Schafer indicated that he would provide more details on parking. He also clarified that the owner of 55 Mohawk Street does not own the parking area by the river. Mr. Schafer then reiterated his original request that the Board approve demolition of the existing façade at 55 Mohawk Street. The City Planner denied the request due to concerns that disconnecting the approvals could cause unforeseen problems. CONSIDERATION OF A SPECIAL USE PERMIT FOR A DRIVEWAY AND PARKING LOT AT 15 SARGENT STREET The property owner, Edward English, lives at 13 Sargent Street and owns a vacant lot at 15 Sargent Street. He originally proposed placing a garage on the property in July. However, at this time he asked for a special use permit to install a driveway with two parking spaces available for himself and his upstairs tenant. The properties are located in the MU-1 mixed use zone which requires a special use permit to build a parking lot or garage on a property as its primary use. The applicant was advised by the City Planner he could merge the properties. In that case he would not need a special use permit for the driveway. However, since he chose to apply for the special use permit, the Planning Board placed a condition on the approval’s resolution: the driveway cannot provide more than two spaces. The rationale behind the decision was to avoid the creation of an entirely paved empty lot. Member Dumesnil moved to approve the special use permit as amended. 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 Jake Dumesnil X CONSIDERATION OF A SPECIAL USE PERMIT FOR AN ABOVE GROUND SWIMMING POOL AT 1 DIVISION STREET The Bulk and Use table requires pools be placed 10’ from side property lines. Here the applicant proposed a placement of the 12’ swimming pool that does not meet setback requirements since the pool is equidistant from both side property lines. The property width is 30’. The Zoning Board of Appeals granted a 1’ variance from the side property line setbacks. The property is 30’X90’; the house is 720 square feet. The property width is the same as the house width, leaving the house at a depth of 24’. The pool will lie 50’ from the front property line since the house lies more than one foot from the curb. Given a depth of 90’ total, the pool lies 27’ from the rear property line. The drawing submitted by applicant shows the distance to a wall in the backyard, not the actual property line. Therefore, the front and rear setbacks meet code. Member DeFruscio moved to approve the special use permit. Member Dumesnil seconded the motion. Roll of call was taken and the motion passed by a majority vote. YES NO Edward Carboni X Joseph Moloughney ABSTAIN Clarence Badgley X Mark DeFruscio X Jake Dumesnil X CONSIDERATION OF COUNTY RECOMMENDATIONS FOR A PARKING LOT AT 3 MCELWAIN AVENUE The County Planning Board recommended the owner of 3 McElwain Avenue obtain approval for the proposed parking lot from the County Department of Public Works (DPW) due to its proximity to the bike path. In addition, the County expressed concerns about stormwater runoff flooding the path from the newly paved parking area. Vice Chairman Badgley moved to approve the Albany County Planning Board recommendations. 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 Jake Dumesnil X Vice Chairman Badgley moved to adjourn at 8:00pm; Member DeFruscio seconded the motion. Roll of call was taken and the motion passed unanimously.