Planning Board Agendas and Minutes
Regular MeetingCohoes, NY · June 8, 2015
Minutes
MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON JUNE 8, 2015
AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL
MEMBERS PRESENT: Mr. Edward Carboni
Mr. Joseph Nadeau
Chairman Mark DeFruscio
Ms. Stephanie Couture
ABSENT: Vice Chairman Clarence Badgley
Mr. Jack Carroll
ALSO PRESENT: Melissa Cherubino, Director of Building and Planning
CONSIDERATION OF THE MINUTES FROM THE MAY 11th, 2015 MEETING
Chairman DeFruscio opened the meeting at 6:30pm and asked the recording secretary to take roll
call. Member Carboni moved to approve the minutes conditioned on removing Member Couture’s
vote from approval of minutes. Member Nadeau seconded the motion which passed unanimously.
YES NO
Leo Badgley ABSENT
Edward Carboni X
Joseph Nadeau X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
CONSIDERATION OF SPECIAL USE PERMIT FOR A POOL AT 11 JEFFERSON
AVENUE
Mr. Brady requested approval to install a 27’ round above ground pool which meets all required
setbacks in his backyard at 11 Jefferson Avenue. However, the drawing did not list side setbacks.
Drainage would not impair neighbors’ properties. Both side neighbors also have pools.
Councilman Ricard confirmed the setbacks exceed the local requirements and both neighbors have
pools.
Member Nadeau moved to approve the pool per plans submitted with the condition that the
applicant provide side setbacks. Member Carboni seconded the motion which passed
unanimously.
YES NO
Leo Badgley ABSENT
Edward Carboni X
Joseph Nadeau X
Mark DeFruscio X
Stephanie Couture X
Jack Carroll ABSENT
CONSIDERATION OF A SPECIAL USE PERMIT FOR A POOL AT 1 SIMMONS
AVENUE
Ms. Connolly proposes installing a 21’ above ground pool in her backyard which abuts City land.
Two catch basins abut the rear property line. Plans show the pool installation will meet setback
requirements. Ms. Connolly installed a fence 10’ from the rear property line. The pool would be
installed within the fenced–in area. Chairman DeFruscio asked if the land grades to City property,
which Member Carboni confirmed from his site visit.
As a result, Member Couture moved to approve the special use permit. Member Nadeau seconded
the motion which passed unanimously.
YES NO
Leo Badgley ABSENT
Edward Carboni X
Joseph Nadeau X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
CONSIDERATION OF A SPECIAL USE PERMIT FOR A HOME OCCUPATION AT 71
WASHINGTON AVENUE
Jeff McAuley presented a proposal to make ice cream in an accessory structure at their primary
residence located at 71 Washington Avenue. The couple proposes an office within the principal
structure for bookkeeping and management of the business. Deliveries by dairy trucks would be
made via the alleyway with a proposed expansion of the existing window into a garage door. Mr.
McAuley upgraded the electrical service to accommodate the two storage freezers and two ice
cream machines. Customers would not be purchasing product at the home. Instead the produced
ice cream would be sold off-site.
Member Carboni asked whether the applicant will need to meet health department standards since
food is involved, which the applicants confirmed. In fact the couple will need to submit a floor
plan layout to the County Health Department for approval and pass an inspection. Member
Nadeau asked if the couple intends to hire any employees. However, the family members living in
the home will be the only employees.
Councilwoman Nolin questioned whether the couple also needs a variance to conduct a business at
the site. However, the code permits home occupation with a special use permit from the Planning
Board in the residential zoning district so long as 1) the principal structure’s primary use is as the
home occupation applicant’s residence; and 2) the proposed home occupation does not create
significant nuisances to the existing neighbors.
As a result, Member Carboni moved to approve the special use permit as described. Member
Couture seconded the motion which passed unanimously.
YES NO
Leo Badgley ABSENT
Edward Carboni X
Joseph Nadeau X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
CONSIDERATION OF FINAL SITE PLAN APPROVAL FOR A MULTI-FAMILY
PROPOSAL AT 24 AMITY STREET
Thomas Keaney of CK2 Properties reduced the proposed renovation of 24 Amity Street to 14 units
with 28 off-street parking spaces sized 9X18 in accordance with the Cohoes Zoning Code, four of
which are “banked” as recommended by NYSDEC green infrastructure practices as well as the
City’s Zoning Code. Trash will be stored indoors; snow over 6” will be removed from the site;
and the developer will install fixed blinds inside the bottom half of windows to preserve neighbor’s
privacy. The developer has been working with the neighbors to develop a plan that works in the
given location.
Chairman DeFruscio concurred, adding that the applicant increased the green space, installed car
stops in the south lot, and agreed to install a white vinyl fence at the rear property line along the
existing 6’ wood privacy fencing owned by the neighbor. Member Carboni asked that the banked
spaces would be assigned to apartments. Mr. Keaney added that the spaces would be paved should
the need arise. Councilwoman Nolin asked whether any approval could be contingent on a lease
restriction limiting parking to the site. Chairman DeFruscio pointed out that would be difficult to
enforce. In fact, residents currently park in the private lot. However, once constructed those
residents would be forced to park on-street and Chairman DeFruscio did not think the applicant
should be held accountable for existing residents. Mr. Keaney agreed to keep a list of license plate
numbers and car registrations for all tenants.
Member Carboni asked about lighting as he would recommend replacing the existing lights with a
shoebox or downcast product to preserve neighbors from glare. Chairman DeFruscio remarked
that lighting will be installed over the doors – at two locations – on the building. He questioned
whether the second egress would be on the south rear side of the building. Mr. Keaney will need
to configure apartments first, but believes that to be the location. Installed lighting will be
downcast and he is willing to convert outdoor lighting in the rear to motion sensor lighting after
11pm.
Tim Ryan of 49 Amity Street disagreed with the unknown location of the second form of egress.
He is also concerned that the applicant might build apartments with more bedrooms. As a result
the board decided to condition approval on the south side back corner location for the second form
of egress. Any change would need planning board review for approval.
Member Nadeau moved to approve the final plans as conditioned. Member Couture seconded the
motion which passed unanimously.
YES NO
Leo Badgley ABSENT
Edward Carboni X
Joseph Nadeau X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
CONSIDERATION OF A SITE PLAN FOR A MULTI-FAMILY AT 9 AND 11
SURPRENANT WAY
The applicant proposes constructing a 10 unit multi-family with a 20 space ancillary surface
parking lot in front of the buildings. Jerry Krug constructed Eagle’s Nest development off James
Street as well as twin homes on Masten Avenue. He purchased 9 and 11 Surprenant Way; 9
Surprenant Way contains a single family home his foreman would occupy and 11 is a vacant “L”
shaped parcel where he proposes the 10 unit structure.
Luigi Palleschi, P.E. drafted the plans and described the proposal as five two-family rowhouses on
roughly .64 acres. The applicant will landscape the property, particularly with arbor vitae to block
the garage on the north side next to the entrance. The applicant will disconnect roof drains to meet
NYSDEC green infrastructure requirements. In addition, the applicant will make a lot line
adjustment to broaden the frontage for 11 Surprenant Way. Finally, the application will require a
use and several area variances the applicant will seek from the ZBA. However, at this meeting Mr.
Krug seeks Planning Board’s intent to act as lead agency.
Mr. Palleschi suggested that the proposal would include 1-2 bedroom units. The applicant will be
adding green infrastructure practices and creating recreation area behind the building. The
applicant will place totes at the curb for each unit, to be handled by his foreman who will live in
the single family home. Although the proposal will require a use and area variances, the planning
board also has latitude to approve the parking lot in the front property. Finally, the facades would
be setback at different locations in 4’ increments with varying finishes to give the appearance of a
little village.
Neighbor Bill Murphy of 106 Vliet Street is concerned about the number of units for the location.
The proposal is removing significant amounts of green space, adding lighting and does not fit the
neighborhood character. He also questions whether the proposal can accommodate snow storage.
Therefore he opposes the development.
Councilwoman Nolin agreed that the proposal includes too many units. She finds the proposal
inappropriate for the neighborhood. The parking lot, too close setbacks, number of units, type of
structure, drainage and proximity to ravine all seem problematic for the neighbors. Yet the
applicant can make economic use of the land with permitted uses of single, two-family or
rowhouses.
A neighbor added that so many variances are needed that one cannot argue that the proposal fits
the neighborhood. She also pointed out that the property is not so unique or unbuildable that the
variances are required. Member Carboni agreed and suggested that the ZBA take lead agency.
Chairman DeFruscio questioned whether 6’ residential carriage lighting would create glare. He
also questioned the lot line adjustment as it would create a side setback out of compliance.
Although he appreciates the development Mr. Krug has constructed in Cohoes, he would like to
see elevation drawings to determine whether the proposal retains the residential feel of the
neighborhood.
Member Couture thinks the proposal will increase noise pollution and negatively impact the
character of the neighborhood. Member Nadeau questioned the 4’ drop in back of the buildings
and whether the area would be usable for recreation. The applicant will install decks on both
stories with a foundation poured at the base. Building footprint would equal 20X50 with a 8X15
deck within the 60’ behind the buildings.
Member Nadeau moved to table the application. Member Carboni seconded the motion which
passed unanimously.
YES NO
Leo Badgley ABSENT
Edward Carboni X
Chris Briggs X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
CONSIDERATION OF A SITE PLAN FOR 3 MCELWAIN AVENUE
The applicant failed to show. Therefore Member Carboni moved to table. Member Couture
seconded the motion which passed unanimously.
YES NO
Leo Badgley ABSENT
Edward Carboni X
Chris Briggs X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
CONSIDERATION OF A SITE PLAN REVIEW OF 330 SARATOGA STREET
Third Ward Councilman Bill Ricard is concerned about a use car sales business because the street
is narrow. The applicant failed to appear. Therefore Member Couture moved to table. Member
Carboni seconded which passed unanimously.
YES NO
Leo Badgley ABSENT
Edward Carboni X
Chris Briggs X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
Vice Chairman Badgley moved to adjourn at 8:10pm. Member Carboni seconded the motion
which passed unanimously.
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