Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON AUGUST 11, 2014 AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Mr. Edward Carboni Ms. Sharon Gariepy Vice-Chairman Clarence Badgley Mr. Mark DeFruscio Mr. Chris Briggs ABSENT: Chairman Joseph Moloughney ALSO PRESENT: Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM THE JULY 14th, 2014 MEETING Member Carboni moved to approve the minutes. Member Gariepy seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF A POOL AT 5 OXFORD CIRCLE Michael Lanahan proposed installing an inground pool more than 10’ from the side and rear property lines inside 6’ vinyl privacy fencing. No neighbor abuts the property at the rear property line. Member Briggs added that the Salt Kill is about 400 yds away. Mrs. Lanahan described the lot as sloped to the rear property line. As a result, Member DeFruscio 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 Chris Briggs X Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF A SITE PLAN FOR SHERWOOD FOREST James Easton, PE and Todd Curley represented the Sherwood Forest developer. Located at the intersection of Van Schaick Avenue and Delaware Avenue the developer is proposing 161 apartments. Mr. Easton submitted responses to the review engineer’s comments as well as environmental paperwork in order to address SEQR requirements. At this time the applicant seeks closure on SEQR so that the zoning board of appeals can consider area variances from height requirements and lot coverage. In response to neighbors’ concerns Mr. Easton altered parking ingress on Continental Avenue to one access point with a second on Van Schaick Avenue. Both entrances are 50’ or more from the nearest intersection in compliance with the City’s zoning code. In addition Delaware Avenue access was limited in response to neighbors’ concerns. With regard to SEQR compliance the developer retained Harken Archealogical for both Phase IA and Phase IB. Mr. Curley explained that Phase IA is a written assessment of the property’s historic attributes. Phase IB is the physical testing of the site. The applicant opted to conduct both concurrently rather than base Phase IB on the results of IA. Harken conducted soil borings of 18” depth which did not uncover any man made artifacts or human remains. Mr. Easton explained that 18” is the industry standard for testing a site as that is the depth where manmade articles are typically found. Next the applicant requested Army Corps of Engineers (ACOE) to conduct an assessment of the wetlands on the site. However, the isolated wetland was deemed nonjurisdictional. Mr. Easton explained that the low point on the property collected water, creating an eco-system of sorts, but not a naturally occurring wetland. As a result, the applicant does not need an ACOE permit to build on the wet area. Environmental concerns were explored through the NYSDEC regarding wildlife. DEC determined that the site is approximately one mile from an eagle breeding ground on Peebles Island. DEC also found a rare – not threatened or endangered - dragonfly on the property. The applicant submitted the full EAF to the City as well as a traffic review based on the Creighton Manning (CME) study of Delaware Avenue. The CME study concluded that installation of a traffic signal would convert the intersection from a C or D level of service to A or B level of service. Mr. Easton explained that traffic engineers base traffic projections on actual usage, layering in numbers of vehicles for each additional development. Once built-out, CME estimated that during peak usage – weekday mornings between 8am and 9am and weekday afternoons between 5pm and 6pm – would result in compromised levels of service. However the traffic engineers applied a traffic signal installation to the volume and determined that flow time would improve significantly. Member Carboni suggested an outlet on Bridge Avenue rather than Delaware Avenue. Mr. Easton responded that the applicant was trying to avoid additional traffic in residential neighborhoods. Delaware Avenue and Ontario Street are mixed-use waterfront and mixed-use zones respectively which permit commercial as well as residential whereas the rest of the Van Schaick Island is zoned R-2 residential. Melissa Cherubino added that Bridge Avenue access through Van Schaick Avenue was altered in response to neighborhood concerns regarding traffic. Regardless, Mrs. Cherubino offered that neighbors can apply for a traffic agenda item through the City’s Traffic Commission in order to address any proposed changes to traffic patterns. Furthermore, vehicles can still access Bridge Avenue by driving along the Van Schaick Country Club parking lot around the pond. Member Carboni asked if the developer would define that section of road. Although Mr. Easton confirmed that the road around the pond is public access, CME found that the curvature and lack of definition acted as a traffic calming measure. Member DeFruscio lives near the site and disagreed. Mr. Easton added that CME concluded speeds of vehicles by using black strips which count vehicles and document speeds, calculating average speeds based on all traffic. He suggested that traffic engineers’ recommendations should be sought and followed regarding the location. However, the applicant will be installing sidewalks in order to define pedestrian versus vehicle access to the pond. Neighbor John Sunkis questioned the traffic light removal at Bridge Avenue and First Street. He would propose altering which intersections on Bridge Avenue have traffic lights and which have stop signs. Again these proposals can be brought to the City’s Traffic Commission. However, Mr. Easton stated that the Bridge Avenue stretch lies outside the scope of the project. Yet, the developer will improve the pond by providing landscaping, grading to focus Stormwater, parking, walking paths and installing an amphitheater and gazebo. In addition, on the development site the applicant proposes colonial facades to match the Van Schaick Mansion. A neighbor suggested the façade change at a prior neighborhood meeting. The structures feature gabled roofs and brick accents with an historic color palette. Updated site plans also reflect the addition of a row of hedges to buffer the appearance of parking on Continental Avenue as well as tall trees to maintain the park appearance throughout the neighborhood. Member Gariepy asked the base elevation to Continental Avenue. Mr. Easton described a one to two foot grade difference. In addition, the parking lot is flush with the building’s second floor making both the garage level and first floor below grade from Continental Avenue. Mr. Curley added that the designer has reduced the overall building height by adding a third story with dormers. Residents questioned the height of Captain’s Lookout on the other side of Delaware Avenue, which is five stories for a total of approximately 70’. Member Carboni asked about snow storage. Mr. Easton described the area near the dumpsters and retaining wall as snow storage locations. Neighbor Jill Daniels asked about Stormwater removal because water ponds along the bike path creating icy conditions and breeding mosquitoes. She is also concerned about vehicles crossing the bike path or entering the path. Mr. Easton agreed that the developer will install bollards to block traffic from entering the bike path – the developer installed the same product at Watersview on the north end of the Island. He also explained that the developer will install a swale to convey Stormwater to catch basins. Ms. Daniels appreciated the reduction of driveways crossing the bike path and entering the already congested Delaware Avenue. Neighbor Gary Bauer is concerned about pedestrian safety around the pond. Mr. Curley agreed and described the plan to install sidewalks to improve pedestrian safety. Member DeFruscio moved to declare lead agency for SEQR purposes. Member Gariepy seconded the motion which passed unanimously.  YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Mark DeFruscio X Member Gariepy moved to make a negative declaration for SEQR purposes. Member Carboni seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF A DISTILLERY AT 65 CONGRESS STREET Jason Von Guinness and Dan O’Neill proposed installing a distillery in the 1200 sq ft three bay cinder block garage at 65 Congress Street. The building has electricity and gas connections; however the applicant will need to connect to the City water and sewer system. He will need two parking spaces for himself and the one other employee. Alterations to the exterior will include adding clapboard and a small sign in order to play up the historic look of the building. He will also need to replace the doors with a steel product. The only garbage removal required will be for cardboard. Deliveries to the facility would take place once a month in a small truck. Shipping would occur once a week in a small biodiesel truck. The two employees would bottle the product. Member Carboni asked about odor nuisances and waste product storage. Mr. Von Guinness explained that the vapors evaporate without creating any odor. The grain used from farmer’s cast- offs boils down so that no waste product remains. Vice Chairman Badgley asked whether the applicant would use gas to heat the grains, which the applicant confirmed. Member DeFruscio questioned snow storage and lighting. Mr. O’Neill, the property owner, will remove the snow when plowing 65 Congress Street parking lot. Street lighting is available. Member Carboni asked if the applicant would filter the water. Mr. Von Guinness can use tap water because distilling boils the water. Councilwoman Diane Nolin is concerned that these parking spaces were part of the calculation for the principal structure and the applicant is reusing parking spaces marked for the Venue. The application will need a use variance from the zoning board as well as an area variance from parking requirements. However, the Zoning Board cannot act until SEQR is closed. Therefore, the applicant will need to complete SEQR requirements with the Planning Board before returning to the Zoning Board for consideration. In order to start that process Member DeFruscio moved to declare an intent to act as lead agency for SEQR purposes. Member Carboni seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF A PARKING LOT AT 326 COLUMBIA STREET John Farrell proposes a parking lot on a 30X125’ strip of land behind 320 Columbia Street. He has proposed several configurations in order to accommodate concerns. The most recent is perpendicular spaces starting 30’ from Elaine Court with a 10-19’ aisle width. The Traffic Commission will consider the proposal at its Monday August 18th 2014 meeting. Thomas Kiely lives at 5 Elaine Court which is adjacent to the proposal. He disputes the location of the land, claiming the garage is on the property. In addition, he avers that the applicant cannot claim any hardship for variance purposes because funeral attendees will park on Columbia Street by virtue of its proximity to the entrance. In addition he stated that the funeral home has reduced its business, making off-street parking unnecessary. Then he argued that the 10’ aisle for the proposed lot isn’t wide enough for two way traffic. Elaine Court is only 30’ and cannot accommodate cars exiting from the proposed parking lot driveway. Finally he thinks that a parking lot will change the character of the neighborhood. Member DeFruscio suggested that an off-street parking area would relieve street parking on either Elaine Court and/or Columbia Street. He also pointed out that the Planning Board isn’t concerned with the variance issues or standards. Instead the Planning Board considers the lot site plan and whether any impacts can be mitigated. Councilwoman Nolin suggested that a parking lot would negatively impact the R-1 residential neighborhood. She also finds the lot too small to meet setbacks without a significant variance. Therefore she questions whether the application is worth the effort. John Greco of 309 Columbia Street spoke in support of the application. He finds that the funeral home doesn’t interfere with the residential character of the neighborhood. Furthermore, the proposal is convenient to attendees without creating any noise or environmental nuisances. Member DeFruscio moved to declare lead agency. Member Gariepy seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Mark DeFruscio X Member Carboni made a motion of negative declaration for SEQR purposes. Member Gariepy seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Mark DeFruscio X CONSIDERATION OF AN AMENDED SITE PLAN AT 55 MOHAWK STREET Engineer Matt Hoffman presented the final site plan for 55 Mohawk Street that incorporated the Planning Board’s request for a lighting plan, snow storage, number of spaces and Stormwater solution. The applicant provided each on final drawings. The lighting plan shows 19 cone shaped lamps as well as the foot candles at various locations throughout the parking lot. Snow storage will be located at the end of the lot. Finally the developer negotiated with the City to replace the 12” pipe on New Cortland Street with a 24” pipe. The design engineer complied with the City Engineer’s request; however the City Engineer has requested that any approval be contingent on his final approval. Therefore, Member DeFruscio moved for final approval conditioned on the City Engineer’s final approval. Member Carboni seconded the motion which passed unanimously. YES NO Joseph Moloughney ABSENT Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Mark DeFruscio X Member Carboni moved to adjourn at 9:00pm. Member Gariepy seconded the motion which passed unanimously.