Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON NOVEMBER 10, 2014 AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Mr. Edward Carboni Ms. Sharon Gariepy Mr. Chris Briggs Acting Chairman Clarence Badgley ABSENT: Mr. Mark DeFruscio ALSO PRESENT: Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM THE OCTOBER 8th, 2014 MEETING Member Gariepy moved to approve the minutes. Member Carboni seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau X Mark DeFruscio ABSENT CONSIDERATION OF A SPECIAL USE PERMIT FOR A HOME OCCUPATION AT 114 SIMMONS AVENUE The applicant, Norm Durkin, proposed conducting massage therapy at his apartment on the first floor of 114 Simmons Avenue. He operates his practice out of an office in Ballston Spa and has been looking for a second office in the Latham or Clifton Park area. In the interim he seeks permission to continue seeing 1-3 clients a day at his apartment between the hours of 11am and 6pm. Neighbors voiced opposition due to the residential nature of the street as well as the existing traffic and parking congestion which the proposal would exacerbate. The applicant would not provide off-street parking. However, he argued that he would see one client at a time during neighbors’ work hours. Member Carboni questioned the property owner’s approval of the proposal as well as what happens when the property sells as it has been on the market for seven years. Mr. Durkin indicated that he intends to purchase a home and lease a second office in either Clifton Park or Latham in the next year, so the proposed use is temporary. According to the City, the special use permit expires when the occupant leaves the premises. Ward Councilwoman Diane Nolin as well as neighbors Renee Davin, Lin Dearstyne, Alice Salamati, Ed Polowski, Ed Dwyer, Lisa LaForest and Rachel Sciolino all concurred that current parking and traffic flow are congested and the proposed business use does not fit in with the residential nature of the street. Attendees encouraged the business owner to pursue space in the downtown Remsen Street area. Therefore Member Gariepy moved to deny the application for a special use permit. Member Carboni seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau X Mark DeFruscio ABSENT CONSIDERATION OF A SPECIAL USE PERMIT FOR A HOME OCCUPATION AT 352 NORTH MOHAWK STREET The applicant requested permission to open a barber shop at her home. She has applied for but not received her barber license; however she has a current cosmetology license. Board members questioned the availability of parking. Furthermore it was suggested that she obtain her license first and provide more information to the board prior to the next meeting. Therefore Member Carboni moved to table the item pending more information. Member Nadeau seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau X Mark DeFruscio ABSENT CONSIDERATION A DISTILLERY AT 65 CONGRESS STREET Jason Von Guinness proposes installing a small scale distillery in the three-bay garage at 65 Congress Street. The Planning Board closed SEQR by negative declaration at its October 8th meeting. The Zoning Board of Appeals approved a use variance for the project at its October 22nd meeting. Questions from the last planning board meeting regarding lighting and signage were answered with an elevation drawing showing existing lighting under the eaves and a 2’X3’ wall sign on the face of the structure. As a result of the foregoing information, Member Carboni moved to approve the final site plan. Member Briggs seconded the motion which passed four to one abstention.  YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau ABSTAIN Mark DeFruscio ABSENT CONSIDERATION OF NINE ADDITIONAL APARTMENTS AT 100 NORTH MOHAWK STREET Bob Kurzon, architect for Harmony Mills, proposed adding nine apartments to the west side of the site. The applicant proposes four units above the Salon and five behind Mendoza’s Autobody. Mr. Kurzon explained that the west side building contains 68 units and the site has 224 parking spaces. Member Nadeau asked about dedicated salon parking. Mr. Kurzon avers that the salon has four dedicated spaces. He also claimed that 68 apartments require 60 parking spaces. Member Gariepy requested that the applicant provide parking details for the whole development as well as the total number of apartments, and pedestrian access paths for the apartments and retail spaces. The Planning Board has to reopen SEQR considerations before making a determination. Additional information is needed for both steps in the process. As a result, Member Carboni moved to table the request. Member Gariepy seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau X Mark DeFruscio ABSENT CONSIDERATION OF SEQR FOR A SUBDIVISION AT 250 COLUMBIA STREET Tom Shepardson, Esq. presented a minor subdivision of property at 250 Columbia Street. The subdivision will create two lots: one at 2.7 acres to be conveyed to Columbia Gardens and the other 1.7 acres to be retained by Felthousen’s florist. The applicant submitted a short EAF form for the subdivision. The potential buyer does not have a definite plan for subdivided portion of land except to remove the existing greenhouses. However, the subdivision alone does not significantly impact the environment. Therefore the applicant requests the Planning Board submit the proposal to the County Planning Board in order to begin the approval process. Member Briggs asked if the applicant completed a phase I site assessment. The phase I was completed without incident. Member Carboni recalls at least a 500 gal underground oil tank. The project surveyor suggested the Felthousen property might contain the tank. Member Carboni moved to table the request. Member Gariepy seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau X Mark DeFruscio ABSENT CONSIDERATION OF INTENT TO DECLARE LEAD AGENCY STATUS FOR SEQR PURPOSES REGARDING A CUMBERLAND FARMS CONVENIENCE STORE ON THE SOUTHWEST QUADRANT OF ONTARIO STREET AND DELAWARE AVENUE Stefanie D. Bitter, Esq. presented a proposal to construct a Cumberland Farms convenience store with gas pump facility at the southwest corner of Ontario Street and Delaware Avenue. The only variance for the proposal involves a standalone business sign proposed on the site. Located in the MU-1 mixed use zone, the proposal requires site plan review as well as a special use permit for the gasoline facilities. Acting Chairman Badgley asked if the developer conducted test drilling and where the applicant would place the tanks. Ms. Bitter described the site as mostly shale. However, the underground tanks would be buried in the northeast corner of the property. The existing site is leased but Cumberland Farms will remove the tanks during relocation. Acting Chairman Badgley asked about drainage. The design engineer explained that the topography of the land sheet drains to Delaware Avenue where the applicant proposes installation of rain gardens. Water in the retention areas would slowly drain. Member Carboni asked the location of snow storage which the design engineer confirmed would be along the green areas including the rain gardens. Councilwoman Nolin asked the applicant to prepare hours of operation, noise levels, proximity to residential, delivery schedule and lighting for consideration during subsequent meetings. Ms. Bitter explained that the grading puts the residential uses above the proposed store. In addition the store would prefer to remain open 24 hours. Member Briggs moved to declare an intent to act as lead agency. Member Nadeau seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau X Mark DeFruscio ABSENT CONSIDERATION OF AN ALTERNATE FOR THE PLANNING BOARD Member Briggs requested appointment to alternate status for the Planning Board and made a motion to approve the same. Member Gariepy seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau X Mark DeFruscio ABSENT Member Carboni moved to adjourn at 8:20pm. Member Gariepy seconded the motion which passed unanimously.