Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON FEBRUARY 9, 2009 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: Mr. Jake Dumesnil ALSO PRESENT: Ms. Melissa Ashline-Heil, Planner CONSIDERATION OF THE MINUTES OF THE JANUARY 12, 2008 MEETING Chairman Moloughney called the meeting to order at 7:05 p.m. Chairman asked the planner to take attendance call. Chairman asked the Board to decide whether to approve the minutes from the January 12, 2009 meeting. Member DeFruscio made a motion to approve the minutes of the January 12th, 2009 meeting. Vice Chairman Badgley seconded the motion, roll of call was taken and the motion passed unanimously. YES NO Joseph Moloughney X Edward Carboni X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X CONSIDERATION OF SITE PLAN REVIEW FOR A PARKING LOT AT 31 ONTARIO STREET The applicant did not appear before the Board. Therefore Vice Chairman Badgley moved to table the agenda item. Member Carboni seconded the motion, roll of call was taken and the motion passed unanimously. YES NO Joseph Moloughney X Edward Carboni X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X CONSIDERATION OF RECOMMENDING APPROVAL OF A PDD AMENDMENT FOR THE JAMES STREET PROJECT TO THE COMMON COUNCIL Jeremy Krug represented the developer. He requested the Planning Board recommend approval of a Planned Development District (PDD) amendment changing the proposed condos to townhouses. He also understood that the Homeowner’s Association (HOA) would take responsibility for maintaining the stormwater detention pond and related facility. Chairman Moloughney expressed reservations about the City of Cohoes owning the stormwater detention pond land. Member Gariepy asked for clarification on which lands the developer would deed to the City. Member DeFruscio pointed to undeveloped land north of the development. Chairman Moloughney indicated that the developer would also deed land south of the new street to the City. That portion contains the stormwater detention pond. In all, the developer would convey 7 acres to the City of Cohoes. Chairman Moloughney asked what would happen if the HOA disintegrated. Member Gariepy replied that the developer should add a covenant to the property deed so that a lien could be placed on the property if the owner fails to pay HOA dues. Member Gariepy asked what purpose the HOA would serve. Jeremy answered that the HOA would provide lawn care, landscaping, snow removal and stormwater maintenance services. Member Gariepy then asked what mechanism the City uses to ensure compliance with the recommended maintenance schedule. The City Planner suggested that the City could require a performance bond. Member Gariepy asked what would be a reasonable value on the bond. The city planner did not know. The members discussed their concerns about the developer deeding undeveloped land to the City of Cohoes. Member DeFruscio expressed misgivings about the City becoming responsible for the street and facilities when the original plan called for the condominium association’s responsibility for maintaining the street and facilities. Chairman Moloughney agreed that if presented for the first time he would request a different arrangement than the one proposed. He also emphasized that changing market forces alone, as argued by the engineer during the previous month’s presentation, did not warrant a Planning Board recommendation of PDD approval. Chairman Moloughney asked the other Board members whether the proposal constituted a proper use of a subdivision and PDD. He asked how the members felt about conveying the undeveloped land back to the City. He also questioned the wisdom of approving an amendment to the PDD that contradicted the previous site plan approval requirements. Member Gariepy stressed an interest in encouraging development in the City. However, she reiterated her desire to protect the City from unintentional consequences should the project developer or HOA fail to maintain the stormwater facilities. She emphasized the need for a performance bond or surety. Chairman Moloughney suggested adding a condition to the resolution requiring the Common Council to work out a surety with the developer. Member DeFruscio focused on the possibility that the units might not sell in today’s market. If the full 23 units did not sell, then 10 homeowners would be responsible for maintenance costs. Jeremy indicated that a model home containing two units would be constructed first. Then the structures would be built out one at a time. However, the street would be constructed in its entirety. Chairman Moloughney recommended the developer retain control until 70 or 80% completion of the project. Member DeFruscio concurred that a condition to the resolution could recommend that the Common Council negotiate the transfer of undeveloped lands when the HOA is financially viable. Member Carboni asked if the townhouses would impact the City’s schools. The City Planner replied that the one story townhouses would have only two bedrooms. An optional loft space could be purchased at additional cost. The loft space could provide a third bedroom; however the developer is catering more to empty nesters and young professionals than to families. Chairman Molougney summarized the concerns as requiring further research and discussion in addition to several conditions to the recommendation of PDD approval to the Common Council. Those outstanding issues include: creating a surety in case the project does not properly maintain the stormwater facility; negotiating the timing for the transfer of land so that the development can sustain an HOA; and another site plan review of the project with planning board engineer review of the stormwater system and infrastructure. Member Gariepy moved to approve the PDD as conditioned. Member DeFruscio seconded the motion. Roll of call was taken and the motion passed by a 3:2 vote. YES NO Joseph Moloughney X Edward Carboni X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X CONSIDERATION OF SITE PLAN REVIEW FOR AN APARTMENT BUILDING ON SARATOGA STREET The applicant did not appear before the Board. Therefore Vice Chairman Badgley moved to table the agenda item. Member Carboni seconded the motion, roll of call was taken and the motion passed unanimously. YES NO Joseph Moloughney X Edward Carboni X Clarence Badgley X Mark DeFruscio X Sharon Gariepy X Member Carboni moved to adjourn at 7:40pm; Member DeFruscio seconded the motion. Roll of call was taken and the motion passed unanimously.