Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON DECEMBER 8, 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 Mr. Mark DeFruscio ABSENT: Joseph Nadeau ALSO PRESENT: Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM THE NOVEMBER 10th, 2014 MEETING Member DeFruscio asked that heading for 250 Columbia Street’s subdivision, listed on the third page of minutes, be altered to reflect the actual subject. Member Gariepy suggested checking neighbor’s names in the City’s property files for correct spelling. In the alternative, the Board can ask speakers to sign-in which other municipalities use to determine speaker’s names. Regardless, Member Gariepy moved to approve the minutes as amended. Member Carboni seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau ABSENT Mark DeFruscio X CONSIDERATION OF A SUBDIVISION AT 250 COLUMBIA STREET Attorney Tom Shepardson represented the applicant, Columbia Green, in a request for a subdivision of property located at 250 Columbia Street and owned by Felthousen in the operation of a florist shop. The property totals 2.7 acres. However the subdivision would create a .8 parcel facing Columbia Street and retained by the Felthousens, while the remaining 1.9 acres would be purchased by Columbia Green LLC which operates the apartment complex behind the florist shop. CT Male created the survey and subdivision. At the last Planning Board meeting members had asked for neighbor’s names and information on any underground tanks. CT Male provided the neighbor’s names. Regarding the underground tank, DEC did not have a registered tank. However CT Male looked at the physical grounds, tested soil samples and researched records to determine the presence of an underground tank on the premises. Although the effort does not absolutely rule out the possibility of a tank on the grounds, the applicant performed the necessary due diligence and followed proper procedures. The Albany County Planning Board still has to make a decision on the subdivision which the City Planning Board can either accept and incorporate or reject for cause. In addition, Councilwoman Nolin would like the neighbors notified by a mailing rather than solely by the City’s notice requirements to publish in the newspaper, post on the webpage and post in City Hall. As a result, Member DeFruscio moved to table the application for subdivision. Member Gariepy seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau ABSENT Mark DeFruscio X 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 proposal involves merging six separate parcels totaling 1.26 acres. The convenience store would be constructed in a Colonial style with four gas pumps on site as well as bicycle and pedestrian friendly amenities such as a bike rack, sidewalks and picnic tables. 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. When questioned about the two entrances on Ontario Street, the design engineer explained that the configuration is typical of similar facilities, such as Sunoco, Stewarts and the current Cumberland Farms in Cohoes. The multiple entrances make entering and exiting safer. In addition, the applicant aligned the Ontario Street entrances/exits with the parking entrances for 31 Ontario Street for safety reasons. Board members suggested moving the entrances west. However, due to the grade of the land the adjacent property – which contains a large, three story residence - would block visual of the entrance. Acting Chairman Badgley asked if the developer plans to protect nearby underground water sources from the underground tanks which would be buried in the northeast corner of the property. The design team described mandated standards to install 20,000 gallon fiberglass double wall tanks with 25 gallon sump buckets for overflow from any minor spills. In addition, Cumberland Farms’ policy is to replace the tanks every 20 years while 30 years is the life expectancy for the product. Acting Chairman Badgley questioned whether the Stormwater conveyance would flow directly to the river or to a catch basin. The design team described two ponds flanking the Delaware Avenue entrance which contains an underdrain that will drain to a catch basin on Delaware Avenue south of the property. Prior to conveyance up to 12” of rain would remain in the ponds. Each pond will contain vegetation from a wetland seed mix. Member Carboni asked where the applicant would store snow. Cumberland Farms would push snow onto the green areas along the west and south property lines. However the west and south property lines are higher than the surrounding land. Therefore the runoff would be captured in the proposed Stormwater system which promotes sheet draining to the ponds. Member DeFruscio requested that the canopy and site lighting not interfere with neighbors. The applicant engineer explained that all lighting is downcast, with recessed lighting at the rear of the building. Submitted drawings show the foot candles at 0.1 along the property lines. Member DeFruscio stated that he lives 120’ from the Van Schaick elementary school and the lighting can be seen from within his home at night. Member Briggs questioned delivery site(s) and hours. The applicant would receive deliveries in the front and back door of the store. However the back door can only be accessed by handtruck up a walkway ramp from the south side of the building near the dumpsters. The retaining wall is 15’ higher along the Breslin Avenue side. Ms. Bitter suggested she would check with the client regarding delivery hours. The current store manager was in attendance and explained that gas deliveries had to occur at 3am because vehicles parked at the site during the day will block access. Councilwoman Nolin explained that other proposals in the City have restricted hours of operation, noise levels, delivery schedule and lighting. 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. Board members suggested that the current location is near rental property whereas the instant proposal might face more opposition from owner occupied property owners. In addition, the zoning code changed since the first store was constructed. Given development along Delaware Avenue the City of Cohoes anticipates an increase in traffic. Design engineers for the Cumberland Farms should speak with the design engineer for the intersection improvement which will include a traffic signal. Member Gariepy moved to declare lead agency. Member DeFruscio seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau ABSENT Mark DeFruscio X Member DeFruscio moved to make a negative declaration for SEQR purposes. Member Briggs seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau ABSENT Mark DeFruscio X 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 avers that the 68 apartments use 63 parking spaces because some occupants rely on public transportation while other occupants own two vehicles. Those occupants use the garages, leaving ample surface parking. The site contains 193 spaces, 122 of which are indoors. Mr. Kurzon estimates that the total number of cars will be 77. Regarding IDA and SHPO approvals, Mr. Kurzon explained that the PILOT was not based on the number of units, so no additional review is needed. Furthermore, SHPO will still approve and oversee any improvements. The applicant does not plan any additional exterior improvements. The applicant will submit updated drawings to reflect the additional units. SHPO will make recommendations that the applicant will follow. Noncompliance would result in the loss of historic credits. However, the additional apartments will not result in additional tax credits. Instead the credits are based on the expense of rehabilitating the buildings minus soft and acquisition costs. The tax credits were a one shot deal. Finally, Mr. Kurzon suggested that the applicant could install parking spaces behind the building if needed. Member DeFruscio thought that ample surface parking would accommodate the additional tenants. As a result, Member DeFruscio moved to approve the request as conditioned: 1) the applicant must continue to liaison with SHPO and the IDA to meet all guidelines; and 2) the applicant must bank the space behind the building for additional parking. That is, no construction should take place at that location. Then should parking become an issue the applicant would need to propose a striping plan submitted to the Planning Board for approval. Member Gariepy seconded the motion which passed unanimously. YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau ABSENT Mark DeFruscio X CONSIDERATION OF A CHAIRMAN FOR THE PLANNING BOARD Member Gariepy nominated Mark DeFruscio as Planning Board Chairman and Leo Badgley as Vice Chairman. Member Gariepy made a motion to approve the same. Member Carboni seconded the motion which passed unanimously.  YES NO Leo Badgley X Edward Carboni X Chris Briggs X Sharon Gariepy X Joseph Nadeau ABSENT Mark DeFruscio X Member Carboni moved to adjourn at 8:45pm. Member Gariepy seconded the motion which passed unanimously.