Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON DECEMBER 13, 2017 AT 6:30 P.M. IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Chairman Mark DeFruscio Ms. Stephanie Couture Mr. Bob Bucher Mr. Joseph Nadeau Vice Chairman Jack Carroll ALSO PRESENT: Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM THE NOVEMBER 13th, 2017 MEETING Chairman DeFruscio opened the meeting at 6:30pm and asked the recording secretary to take roll call. Member Nadeau moved to approve the minutes. Member Couture seconded the motion which passed three to one. YES NO Bob Bucher LATE Joseph Nadeau X Mark DeFruscio X Jack Carroll ABSTAIN Stephanie Couture X CONSIDERATION OF A SPECIAL USE PERMIT FOR A HOME OCCUPATION AT 307 COLUMBIA STREET The applicant, Ms. Phillips, requested permission to conduct her CPA business out of property she holds an ownership interest in as beneficiary of a trust at 307 Columbia Street, a single family home. She made application to conduct the business several months ago but missed the meeting due to health concerns. In the interim she has been in the process of moving into the home. She prefers working where she can sleep due to long hours during tax season which lasts approximately twelve weeks. The rest of the year she would travel or work in the field – picking up paperwork from clients. Her work would not require installation of any signage and would entail the occasional client dropping off paperwork. In the recent past she rented an office at 81 Mohawk Street and slept in the office during tax season. Chairman DeFruscio questioned whether the home was the applicant’s primary residence since she lives in another single family home on Western Avenue. The applicant does not own the Western Ave home, her husband owns the home which the couple may sell within the next year. Chairman DeFruscio questioned which address is listed on her license and voter registration form. Ms. Phillips was in the process of updating both when she fell ill. Neighbors of the proposal complained of cars parking in the driveway and across the sidewalk. School children rely on the pedestrian ROW, making the business use particularly unsafe. Higher traffic counts on Columbia Street and cars entering and exiting the property would add to the dangers. Generally all neighbors in attendance expressed concerns regarding traffic, parking, pedestrian safety, and altering the residential neighborhood character. The Chairman explained that the City’s first concern centers on the precedence of allowing a home occupation at a secondary home. The applicant’s primary residence appears to be on Western Ave, approximately 1 ½ mile from the subject property. A second home appears unnecessary under that fact pattern. Board members agreed that the business no longer appeared to be incidental to the primarily residential purpose of the structure since the owner would be sleeping in the building 12 weeks out of the year and has a property address within a mile and a half. Although the applicant could reapply once she resolves the question of primary residency, the neighbors’ stated safety and neighborhood character concerns also concern the Board. The purpose of a special use permit is to identify and prevent or mitigate nuisances. In this instance, the location makes mitigation of the foreseeable nuisances near impossible. Indeed, the inability to control clients’ parking patterns, the existing traffic conditions on Columbia Street and the need to preserve the residential nature of the property outweigh the hardship of the applicant’s need for an office where she can sleep 12 weeks out of the year. As a result, Member Nadeau moved to deny the special use permit. Member Boucher seconded the motion which passed unanimously. YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio X Jack Carroll X Stephanie Couture X Member Nadeau moved to adjourn at 7:30pm. Member Couture seconded the motion which passed unanimously.