Planning Board Agendas and Minutes
Regular MeetingCohoes, NY · July 13, 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 JUNE 8th, 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. Member Couture seconded the motion
which passed unanimously.
YES NO
Leo Badgley X
Edward Carboni X
Joseph Nadeau X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
CONSIDERATION OF SPECIAL USE PERMIT FOR A POOL AT 12 SIMMONS
AVENUE
Alisha Sala sought permission to install a 12’ round above ground pool in the backyard of 12
Simmons Avenue. Drawings reflect 10’ setbacks to the adjacent side neighbor and rear property
lines. The opposite side property line is 18’ from the pool. And the front property line is at least
50’ from the pool. Ms. Sala explained that drainage would spill into the backyard. Adjacent
neighbors’ yards contain a fence, shed and jacuzzi.
Member Nadeau moved to approve the pool per plans submitted. Vice Chairman Badgley
seconded the motion which passed unanimously.
YES NO
Leo Badgley X
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 352 NORTH
MOHAWK STREET
The applicant attended the meeting later; however she left before the Board considered the
application. As a result, Member Carboni moved to table the special use permit. Member Couture
seconded the motion which passed unanimously.
YES NO
Leo Badgley X
Edward Carboni X
Joseph Nadeau X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
CONSIDERATION OF A SPECIAL USE PERMIT FOR A POOL AT 417 VLIET BLVD
Paul Robison proposed installing a 34X16 inground pool in the backyard of 417 Vliet Blvd.
Chairman DeFruscio questioned whether the pool meets the rear setback because the fence is
installed at an angle. Mr. Robison explained the fence was installed at an angle, but the property
lines are squared and the lot is rectangular. He verified that the pool is 15’ to the fence and the
fence is installed within the rear property line.
Chairman DeFruscio questioned the flow of water. If the liner tears water would stay within the
pool area because of the clay soils. However, backwash will be directed to the street or within the
yard.
As a result, Member Carboni moved to approve the special use permit as described. Member
Nadeau seconded the motion which passed unanimously.
YES NO
Leo Badgley X
Edward Carboni X
Joseph Nadeau X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
CONSIDERATION OF SITE PLAN APPROVAL FOR A BOTTLE RECYCLING
PROPOSAL AT 94 REMSEN STREET
Leon Guilbeault proposes installing a bottle recycling center at 94 Remsen Street. He has operated
a similar business in Troy on 101st Street which he closed due to safety concerns. Chairman
DeFruscio asked for clarification on the location and whether the barber shop facing Remsen
Street would remain open. Mr. Guilbeault explained the barber shop would remain open and the
recycling would take place in the former Bike Barn behind the barber shop and next to the
Amerivape Smoke Shop which he owns and operates.
Mr. Guilbeault would pay customers for drink containers. A Tomra truck would pick-up bottles
once a week or every other week. Board members asked for a more specific pick-up schedule and
Mr. Guilbeault settled on once a week. Member Couture pointed out that the space is currently
vacant and it would be better to have a business occupy the storefront.
Board members questioned the amount of bottles hauled away weekly and the size of the truck
picking up loads. Mr. Guilbeault estimated 10,000 cans a week would be hauled away which
would fill ¼ of a semi’s trailer. Chairman DeFruscio asked the size of the space available for
collection and storage, which Mr. Guilbeault described as 1,000 sq ft including the basement.
The Chairman asked about odor nuisances from unwashed bottles and cans. Mr. Guilbeault
assured the Board he would turn away any unwashed containers. Member Couture asked if the
facility would include a sink for washing the containers. However, although Mr. Guilbeault
confirmed that the facility would have a sink he does not want to be in the business of washing
recyclables.
The Chairman questioned how the applicant would enforce container cleanliness and the proposed
storage of containers. The board was concerned with attracting pests to the location when the
neighboring properties contain residential. In addition, the odors of stale beer and soda would
impair the neighbors use and enjoyment of the residential spaces. Mr. Guilbeault would store the
containers in plastic bags until pick-up. He would refuse to accept unwashed bottles and cans. He
also used pest control sprays at the Troy store. Member Couture asked whether spraying was a
preventive measure or based on necessity, which Mr. Guilbeault described as preventive measure.
Chairman DeFruscio questioned whether the applicant had conducted a study regarding the
viability of the proposal given that residents can recycle bottles at the Cohoes Price Chopper .8
miles away at 240 Congress Street. Mr. Guilbeault described his recycling center as devoid of the
crushing machines. Instead, the center would contain a series of boxes with a table for sorting.
Two employees would sort the bottles and pay customers for the deliveries.
Chairman DeFruscio asked about parking needs and truck pick-up timeframes. He is concerned
that the location is not conducive to high volume customer turnover and 10,000 cans sounds like a
significant number of people. Mr. Guilbeault anticipates mostly foot traffic of 10-12 people daily.
In addition, pick-up takes 15 minutes at most. He pointed out that the other businesses have
deliveries from large trucks – including the Bike Barn when it occupied the given space.
When questioned about the hours of operation Mr. Guilbeault stated Wednesday through Sunday
12noon to 8pm. His application described no lighting on the exterior. However, 8pm in the winter
is after dark whereas 8pm in the summer is still daylight. In addition the application states that
garbage would be driven to a dumpster at a different location. The Board would be concerned
about piling-up of garbage without regularly scheduled pick-ups with a reputable firm. The
situation could become an enforcement issue.
Member Carboni expressed reservations about the proposal and the proposed business in the given
location. Member Nadeau agreed that the location does not seem conducive to the proposed use
for several reasons: traffic, potential odor nuisances, lack of details and lack of compatibility with
the City’s Route 470 Corridor study recommendations. The proposed signage will be placed in the
same location the same size and shape as the Bike Barn. However submission did not include a
rendering of the proposed sign. Board members pointed out the Historic Board will need to
approve signage, lighting or any façade alterations.
Mr. Guilbeault’s attorney, Henry Glavin, was in attendance. He assured the Board that the
applicant runs several clean businesses throughout the area in Troy, Latham, Clifton Park, Burnt
Hills and Cohoes. In addition he points out that since the proposal is in the mixed-use zoning
district and qualifies as a service it is a permissible use. Furthermore, he questioned whether any
business would be allowed in the location given the parking and delivery concerns.
However, the Board requested additional details: renderings of the façade with signage; historic
approval; mock-ups of the signs including dimensions and placement on the building; an opinion
from the traffic commission regarding the proposed delivery schedule and traffic size and
frequency; viability of the business given proximity to another bottle return within a mile; and
objective business information on the proposed use in a similarly situated City.
As a result, Member Nadeau moved to table the plans pending additional details. Member Couture
seconded the motion which passed unanimously.
YES NO
Leo Badgley X
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
Joe Bianchine, P.E. represented developer Jerry Krug in development of 9 and 11 Surprenant Way
as a sixteen unit multi-family residential facility with 16 parking spaces. The eight row-houses
would each contain two units. The footprint of the building sits behind the existing single family
home at 9 Surprenant Way. The two unit reduction eliminated several area variances for setbacks.
In addition the applicant will merge the two lots so the parking lot is on the side of the building
rather than the front. However, doing so creates two principal structures on the property which
will require an area variance.
Member Couture commented that the noise level and configuration is out of character for the
neighborhood. Although the $1200 range is on par with Harmony Mills the multi-family
configuration is out of synchronization with the neighborhood. Neighbors commented that the
high rent might result in more adults occupying each unit, thereby increasing the number of cars.
Chairman DeFruscio explained that the size of the lot requires additional units; however the
frontage does not permit subdivision. Row housing is permissible as of right, but the row of two-
family homes creates a multi-family structure with firewalls. Neighbors countered that the
developer should have considered that problem prior to purchase. Other streets could better handle
traffic volumes.
Member Nadeau moved to declare an intent to act as lead agency. Vice Chairman Badgley
seconded the motion which passed unanimously.
YES NO
Leo Badgley X
Edward Carboni X
Chris Briggs X
Mark DeFruscio X
Jack Carroll ABSENT
Stephanie Couture X
Board members asked that a moment of contemplation be added to next month’s agenda to honor
the passing of longtime Planning Board member Ed Rigney.
Vice Chairman Badgley moved to adjourn at 8:30pm. Member Carboni seconded the motion
which passed unanimously.
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