Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON JULY 8, 2013 AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Vice-Chairman Clarence Badgley Mr. Mark DeFruscio Mr. Edward Carboni Mr. Jake Dumesnil Ms. Sharon Gariepy ABSENT: Chairman Joseph Moloughney ALSO PRESENT: Melissa Ashline-Heil, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM THE JUNE 10th, 2013 MEETING Member DeFruscio moved to approve the minutes. Member Carboni seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Jake Dumesnil ABSENT Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF A MINOR SUBDIVISION AT 1 WATERVLIET AVENUE Surveyor Fred Metzger requested approval of a three lot subdivision from two lots on Watervliet Avenue. One Watervliet Avenue extends to Witbeck Avenue. As a result the owner proposes subdividing the property to create a vacant building lot. The applicant purchased a vacant 40X90 parcel facing Watervliet Ave that shares a side property line. He proposes conveying 10’ of frontage in order to make the lot conform to the Local Code requirements of 50’ width. Finally, the owner obtained area variances from lot depths at the July 2nd Zoning Board of Appeals meeting. Member Gariepy moved to approve the subdivision. Member DeFruscio seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Jake Dumesnil X Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF A SPECIAL USE PERMIT FOR A POOL AT 328 COLUMBIA STREET Jennifer Lewis sought permission to install a 24’ round pool 20’ from the rear and 10’ from each side property line. Member Dumesnil asked what abuts the property at the sides and rear and where water would drain. The applicant indicated neighbor’s sheds and garages abut the property lines where the pool is proposed. She indicated that the water will drain to Columbia Street. As a result, Member Gariepy moved to approve the special use permit. Member Carboni seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Jake Dumesnil X Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF A SUBDIVISION AT 46 MANOR AVENUE Dariusz Figiel owns a 1.7 acre lot at 46 Manor Avenue that he would like to subdivide. He received area variances from the minimum lot widths for each lot conditioned on Planning Board approval of the subdivision. The existing home would have 61’ width whereas the newly created lot would have 55’ street frontage. The Code requires 70’. After receiving approval for the variances Mr. Figiel obtained an official survey of the existing lot lines as well as the proposed lot lines. The survey shows the newly created lot has a curved side lot line that places the existing garage with the first lot. However, this lot line also blocks street access to the garage because lot 2 will own the property in front of the garage. Melissa Ashline- Heil informed the board the purpose of the street frontage requirement is to prevent keyhole lots. Emergency vehicles have difficulty entering such properties. In addition they can appear unsightly in residential neighborhoods. At the shortest distance the garage is 24-25’ from the side property line. The Zoning Board was not made aware of this intention when the applicant obtained his variances. Member Carboni asked whether the applicant would need an easement to access the driveway as the door faces Manor Avenue. Member DeFruscio suggested squaring off the entrance so an easement would not be necessary. However the applicant would need a new variance as the current variance is for 55’ street frontage. Member Dumesnil asked if the side property line has a fence and what is located at that site. Mr. Figiel described the side property line as a 7’ hill with partial fencing. Member Carboni questioned the water and sewer hookups for lot 2. He would not want lot 1 serving lot 2. Mr. Figiel will connect directly to the main in the street. Member Dumesnil suggested tabling to request updated plans reflecting discussion items. He wanted to see a lot line that doesn’t create a problem for setbacks from the garage. He also wants to see the location for the home on lot 2. Instead Member DeFruscio moved to approve the subdivision with the condition that the applicant creates an easement for access to the garage. Member Gariepy seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Jake Dumesnil X Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF A SITE PLAN AT 8 SIMMONS AVENUE Oleg Smolovic and Sergei Bodnaruk submitted plans for a church parking lot, lighting and landscaping for site plan review. Two and a half years ago they purchased the church which had an addition with significant structural problems due to insufficient soils. The applicant then demolished the addition, amended the soils and reconstructed a 47,000 sq ft addition on the same footprint. In the fall piles of soil were placed on the property. Initially the proposed grading was for seeding the property. As additional piles were placed, the Building and Planning Department required submittal of a grading permit. A plan was approved. However additional amounts of fill were placed, requiring submission of an updated plan. In response to concerns about the growing work – tree removal, expansion of the parking lot, changing topography and the addition of lighting – the City required the proposal to reapply to the Planning Board for site plan approval. Oleg Smolovic explained that the grading and landscaping would be done by mid-September. He had proposed giant arbor vitae but would be willing to install deciduous trees instead. Arborist Jack McGuy recommended parking lot tree plantings to provide shade and reduce runoff. He also suggested using trees currently found in the neighborhood. Finally he finds that a mix of tree types creates a better buffer, landscaping aesthetics, runoff absorption and a healthier environment for the plants. Board members expressed concern about the amount of fill, the topography and the potential for runoff. As a result, Board members required the applicant to submit a SWPPP for review by the Planning Board engineer, Thomas McGrath. Mr. Smolovic asked if the property could connect to the City system, which would be better answered by a design engineer. Member Carboni asked where the property currently drains. Mr. Smolovic explained that the parishioners had created a pond with the land sloped to drain to that low point. Member Carboni thought a swale along the property line would direct water away from the neighboring properties. Member Dumesnil added that the next submission should separate out the various issues and provide greater detail: a site plan sheet for the lighting and a detail sheet. The same applies to grading, the parking lot and yet another for landscaping. Member Gariepy asked the building’s occupancy to determine parking needs. Mr. Smolovic described space adequate for 300 people per the number of seats available. The City’s code requires 1 parking space per three seats. Therefore 100 spaces would be required and the parking lot does not provide that many spaces. Member Carboni asked the size of the proposed parking spaces. Mr. Smolovic oversized the spaces to 10X20 rather than the required 9X20. The Board suggested that the applicant will need a variance for the number of spaces available. Member Carboni questioned the snow storage location as well as the plan for garbage removal. Mr. Smolovic finds sufficient grassy areas to store snow. However, Member DeFruscio cautioned against causing flooding as a result of plowing activities. Therefore, Member DeFruscio reminded the applicant that no additional work should commence without approval from the Board. The church is proposing five acorn shaped lights on 10’ poles for a total of 13’ height throughout the parking lot. Member Dumesnil asked for the foot candle readings of the proposed lights and what lights were previously on the property. Mr. Smolovic described lamps on the roofline of the building. Member DeFruscio explained that given the residential zoning district the proposed lights may shine into neighbor’s homes. As a result, neighbors questions the hours lights would remain on. Member Carboni recommended downcast or shoebox lighting to prevent glare. Neighbors added that with the landscaping buffer gone the lighting could create more problems. SusanYavaniski of Masten Ave contends that the church building is beautiful. However, the site work concerns the neighborhood. The parking lot is larger than originally planned. Moreover, the proposed lighting has potential to create a nuisance. Finally, the stormwater runoff issues created by the removal of trees, filling and grading activities impact the neighborhood significantly. The slopes created by the applicant are not stabilized and erode with every rain storm during a season of 17 ½ inches of rainfall over a two month period. Water ponds throughout the site and creates a perfect condition for breeding mosquitos. Sediment runs off into the neighboring properties. Mrs. Yavaniski further avers that the removal of trees alters the view significantly. Tom Surprenant of 5 Surprenant Way concurs. The storm sewers back-up and flood his driveway now because his home is at a low point. He contends the changes at 8 Simmons Ave exacerbate this existing condition. Dan Clark of 2 Masten Ave is concerned about the parking lot lights creating a nuisance. Charles Cuddey of 3 Masten Ave expressed concern about the increase in mosquitoes and drainage problems. Sean of 4 Masten Ave agrees. Overall, neighbors are concerned that the alterations changed the neighbor’s view and created a drainage problem. Mr. Smolovic apologized for any inconvenience. He explained that parishioners raised the funds for the work and perform the work themselves. The Church is only open three times a week for services. Sunday services are from 10-12noon and 7-9pm. On Wednesdays and Fridays the Church offers a service from 7-9pm. He offered to keep the lights off at night; however, Member DeFruscio thought that one or two lights would make the parking lot safer. As to garbage, since the church doesn’t generate much trash he hadn’t planned to install a dumpster. Member Gariepy moved to declare an intent to act as lead agency for SEQR purposes. Member Carboni seconded the motion which passed unanimously. Member DeFruscio moved to table the subdivision and final site plan. Member Gariepy seconded the motion which passed unanimously. Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Jake Dumesnil X Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF A SPECIAL USE PERMIT FOR A POOL AT 49 CONTINENTAL AVENUE The applicant proposes installing a 10X18 pool in his 30X60 backyard. The pool would sit 20’ from the rear and 10’ from both side property lines. His home is flanked by open land and the pool would drain to the sides and rear of the property. Member Gariepy moved to approve the special use permit. Member Dumesnil seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Jake Dumesnil X Sharon Gariepy X Mark DeFruscio X Member Dumesnil moved to adjourn at 8:20pm. Member Gariepy seconded the motion which passed unanimously. Please note the next meeting will take place August 12th, 2013.