Planning Board Agendas and Minutes

MINUTES OF THE COHOES PLANNING BOARD MEETING HELD ON MAY 13, 2019 AT 6:30 PM IN THE COMMON COUNCIL CHAMBERS OF CITY HALL MEMBERS PRESENT: Chairperson Mark DeFruscio Vice Chairperson Jack Carroll Mr. Bob Bucher Mr. Joseph Nadeau ABSENT: Ms. Stephanie Couture ALSO PRESENT: Robyn King, Deputy Director of Economic Development and Planning CONSIDERATION OF THE MINUTES FROM THE APRIL 8, 2019 MEETING Chairperson Mark DeFruscio called the meeting to order at 6:30 pm and asked if any of the Planning Board members had any comments on the proposed minutes from the April meeting. There being no questions, Vice Chairperson Carroll made a motion to approve the minutes, which was seconded by Member Bucher and the motion passed unanimously. YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio X Jack Carroll X Stephanie Couture Absent CONSIDERATION OF A SPECIAL USE PERMIT FOR A PRIVATE SWIMMING POOL AT 16 HAVEN LANE Chairperson DeFruscio read aloud the application which detailed the installation of an in-ground private swimming pool at the property at 16 Haven Lane. Mr Comproski noted that he was looking to install a small in-ground swimming pool at his single-family home which he purchased six months ago and that the pool met all applicable setbacks as was noted on the plot plan. Chairperson DeFruscio noted they had the application, plot plan and that it did seem as though the proposal met all setbacks. Chairperson DeFruscio asked if the pool would be in the center of the lot and asked if there would be a walkway around the pool. Mr. Comproski noted that there would be a three foot apron and eight foot pad around the pool. Chairperson DeFruscio asked if the pad would be around the house as well as well as noting that Mr. Comproski did met the setbacks. Chairperson DeFruscio noted the importance of electrical inspections and proper grounding as well as the Board’s general concerns over drainage. Chairperson DeFruscio asked if this property was on a high point. Mr. Comproski said his property was at a higher point and that he assumed that the water would seep into the ground. Chairperson DeFruscio asked what kind of pool it would be, and Mr. Comproski noted it would be walled with metal material and vermiculite on the bottom. Chairperson DeFruscio asked if there were any other questions from the Board members and noted that with the new changes coming up with the zoning law, that Mr. Comproski would need to carry homeowners insurance. Mr.Comproski noted he did have homeowners insurance. There being no further questions, Member Nadeau made a motion to approve the special use permit for the private swimming pool at 16 Haven Lane, which was seconded by Vice Chairperson Carroll and the motion passed unanimously. YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio X Jack Carroll X Stephanie Couture Absent CONSIDERATION OF A PRIVATE SWIMMING POOL AT 6 DEERFIELD DRIVE Eric Yetto, representing the homeowner Jessica Torres approached the Board noting that he also lived at the home on Deerfield Drive and that they were seeking a special use permit for a private above-ground swimming pool that would measure 12 feet by 24 feet and would be installed by A- Frame Pools. Chairperson DeFruscio noted the need to make sure that the pool was setback from the front of the house where the roadway is and asked about potential seepage and where the deck or fence would be located. Mr. Yetto noted that they currently have a 6 foot vinyl fence and that they would be installing a 6 foot wooden stockade fence all around and that the pool would be hidden from view. Chairperson DeFruscio noted concerns about observing that the house had a steeply sloped backyard. Mr. Yetto noted that it is fairly level but there is a pitch towards the middle of the yard and it’s nothing significant. Chairperson DeFruscio noted that the Board is consistently concerned about where the water would run in the event that a pool broke and asked if the pool’s electrical components were being installed by the pool installer. Mr. Yetto noted that the electrical groundwork was already laid and he suspected a pool may have already existed on the property. Vice Chairperson Carroll asked if that had been inspected, and Mr. Yetto explained about his downstairs breaker and how this would be connected to the pool. Chairperson DeFruscio asked if there was going to be a deck around the pool, and Mr. Yetto noted that he would be pursuing this in the future and applying for all permits then. A neighbor spoke up, and Chairperson DeFruscio asked that the neighbor wait until the Board had finished asking questions. There being none, Chairperson DeFruscio invited the neighbor up to speak. The neighbor asked where the pool would be placed on the property as she lived at 43 McDonald Drive. Chairperson DeFruscio clarified the pool would be set back 24 feet from the rear property line. The neighbor noted she was concerned the pool would drain into her yard and Mr. Yetto clarified that he was purchasing a pump that would pump the water uphill and away from her yard and away from his house. The neighbor noted that she’s had significant drainage issues and did not want anything to add to this issue. Chairperson DeFruscio noted that if the special use permit and building permit are granted, they would be done with the stipulation that the pool would need to drain the pool away from her house. Chairperson DeFruscio also noted that the main concern of the Planning Board was where the water would drain if the pool broke, and that they want to make sure it wouldn’t flood her house. Mr. Larry Grandchamp of 59 McDonald Drive noted he was concerned that if the pool failed that the water would drain into his yard and asked if the applicant was installing the pool where the other pool had been located. Chairperson DeFruscio noted he wasn’t sure. Mr. Grandchamp noted that the yard did slope and asked if this was going to be placed right before where the yard started sloping downward. Mr. Yetto clarified the placement of the pool. Chairperson DeFruscio noted that when he went to look at the property it seemed like there was a significant downward slope and Mr. Yetto showed Chairperson DeFruscio a picture of his backyard and the flatness of the yard. Chairperson DeFruscio pointed out that he was technically on top of the hill and had concerns about where the water would go if the pool broke. Member Bucher asked if Mr. Yetto could move the pool closer to the house and Mr. Yetto noted that in that location, there was the same amount of pitch. Member Bucher noted he thought that with groundwater travel, moving it closer to the house would help with runoff. Mr. Yetto noted he had no problem with moving it closer to the house as there was plenty of room. Vice Chairperson Carroll noted that in the event that the pool broke, moving the pool ten or fifteen feet would not make a considerable difference. Chairperson DeFruscio noted that in the unlikely event that the pool does break, this would happen over time as pools typically have a 10-year lifespan and Mr. Yetto noted his pool had a 40-year guarantee. Chairperson DeFruscio noted that there would be the stipulation that the pool would need to pump to the front of the property and that Mr. Yetto needs to maintain homeowners insurance in the event that the pool breaks and asked if this mitigated neighbor’s concerns, which they answered affirmatively. Vice Chairperson Carroll made a motion to approve the special use permit with the condition that Mr. Yetto would drain the pool towards the front of the property and maintain homeowners insurance for the lifetime of the pool, which was seconded by Member Bucher and the motion passed unanimously. YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio X Jack Carroll X Stephanie Couture Absent CONSIDERATION OF A SPECIAL USE PERMIT FOR A HOME OCCUPATION AT 416 N. MOHAWK STREET Chairperson DeFruscio asked the applicant to approach the Planning Board to discuss the proposal. Mr. Kenneth Dame noted that repairing and cleaning guns was a hobby of his and that he wanted to have a space where he could fix and refinish stocks and barrels of guns and also pointed out that this was not going to be a conventional business but instead carrying on his hobby and that was why he wanted to ensure compliance with local requirements. Vice Chairperson Carroll asked if he would be buying and selling guns and parts from his home, and Mr. Dame noted that he can as he has a federal license to do so, but that his operations were going to be focused on helping people he regularly shoots with and that he would not be advertising. Chairperson DeFruscio asked where Mr. Dame currently shoots and Mr. Dame noted a couple of game clubs and that his clients would be people he is a part of these clubs with who were mainly duty-men. He noted that he does not expect anyone to visit his residence for his home occupation and that it would not have any material impact on the surrounding neighborhood. Chairperson DeFruscio noted that there were concerns voiced about the storage of weapons, security of weapons, storage of ammunition, and that as a Planning Board, they would like the information to understand the number of guns that he would have at his home at any point in time. Chairperson DeFruscio noted that there was a concern over advertisement that would make it known there were additional weapons at his home and stated that with New York State laws, anyone with a pistol permit can be FOIL’ed for this information, which makes it public. Mr. Dame noted he works for a security company and as such, his entire house has an alarm system with motion detectors. He noted he was planning on purchasing an extra safe for the guns he’s working on to keep them separate from his own guns. He noted he did not anticipate having a high volume of guns in his home at any given point in time and that he was creating a separate workspace for his work on guns. Chairperson DeFruscio asked if he had training as a gun smith, and Mr. Dame noted just his own lifetime training. Vice Chairperson Carroll asked if this would be a pastime or a full-time operation and Mr. Dame confirmed it was more of a pastime. Chairperson DeFruscio noted that it seemed like a hobby level but doing some work for acquaintances, which Mr. Dame confirmed. Chairperson DeFruscio asked if he would be registering a business name, and Mr. Dame noted it would be under his own name. Vice Chairperson Carroll asked if there was a DBA needed and whether or not there would be another safe, which Mr. Dame confirmed no DBA would be needed and he would have a separate safe for his client’s guns. Vice Chairperson Carroll asked if there would be a backlog of guns at his house as he takes orders, and Mr. Dame confirmed that he would only be working on one gun at a time. Chairperson DeFruscio noted that he would have to store and maintain the guns until such time as they were permitted and that a person with a federal firearms license cannot release to an owner unless it’s on their permit. Vice Chairperson Carroll asked how long Mr. Dame’s driveway was, which Mr. Dame noted it was 100 feet long. Member Nadeau confirmed there would be no signage, which Mr. Dame confirmed. R. King spoke to the process with the federal ATF and how the City of Cohoes had their own requirements for the home occupation. Member Bucher noted he was comfortable with this special use permit, and Vice Chairperson Carroll noted that responsible handling and ownership had been displayed. Chairperson DeFruscio noted the proximity to the Town of Colonie, and R. King noted the concerns from the Town of Colonie’s Planning Department which pertained to the storage of potentially hazardous materials. Mr. Dame spoke to the cold-bluing process noted that he would only be purchasing materials as-needed and that these materials could be purchased over the counter in 4-oz bottles. R. King noted there was a concerned neighbor who could not appear, but who submitted a letter. R. King read the letter aloud stating concerns about neighborhood safety, storage of materials, and incompatibility with neighborhood character. Chairperson DeFruscio noted that if the nature of the home occupation changed and it became more of a business, that Mr. Dame would need to re- appear in front of the Board. Mr. Dame noted that if this grew, then he would move to another location. Mrs. Dame stated that they also lived in the neighborhood and had their grandchildren in the neighborhood and they are not concerned. Vice Chairperson Carroll confirmed that there would be no shooting in the house, and Mr. Dame noted that he would be taking these guns to a range to test them, not in his house. Chairperson DeFruscio noted that his impression is that this would be work with friends that he shoots with in different gun clubs as opposed to a full business. There being no further questions, Member Nadeau made a motion to approve the special use permit for the home occupation for a gun cleaning and repair operation conditional upon the response from the Albany County Planning Board as well as submittal of information of the spec for the safe to be used to ensure safe storage of the guns being worked on, which Member Bucher seconded and the motion passed unanimously. YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio X Jack Carroll X Stephanie Couture Absent CONSIDERATION OF A SPECIAL USE PERMIT FOR A MICROBREWERY AT 122 REMSEN STREET Mr. Robert Newberry approached the Planning Board and gave a background on their proposed business which is a 2-barrell brewhouse producing up to 15 barrels a month with a tap house. Mr. Newberry explained that they are planning for 1,200 square feet in the front of the rental space to be used as a tap room with an estimated maximum capacity of 70 or 80 people. Mr. Newberry explained their goal would be to distribute to local bars and events and that their hours would be on Thursday night, Friday night, Saturday night, and Sunday midday. Mr. Newberry pointed out that they are not going to have a full kitchen on-site and that they were planning on using the parking in the back of the building. Mr. Newberry noted they expect to be able to open in October. Chairperson DeFruscio asked if they had a current operation. Mr. Newberry noted that they have been home-brewing for a number of years and they have a beer mentor from Ballast Point Brewery. Chairperson DeFruscio asked if they needed to have tours if they had a tap room and Mr. Newberry said they do not have to do this. Chairperson DeFruscio asked where they would store the mash and grains, and Mr. Newberry noted they would store this in the 3,000 SF that they have available in the location. Vice Chairperson Carroll noted this was marked out in the floorplan that was submitted. Vice Chairperson Carroll asked if they were only planning on one bathroom, which Mr. Newberry confirmed they were going to start out with one. Member Bucher noted he did not think this was compliant with code and Mr. Newberry noted they would comply with all applicable codes. Member Bucher noted that although the Planning Board did not have purview over the interior of the building, he knows they will need at least two bathrooms. Member Nadeau asked if the 70 parking spaces behind the building belong to the building, which Mr. Daniel Oh, the building owner, noted that they do. Chairperson DeFruscio noted that there was no one in the audience to ask questions about this application. Member Bucher asked if they were going to serve food though other restaurants, and Mr. Newberry noted that they do need to serve something for their State Liquor Authority requirements and that they are speaking with area restaurants now. Chairperson DeFruscio asked where their freezer would be located, and Mr. Newberry noted that they would have a small refrigeration unit for their hops, a walk-in cooler behind the bar, and that they would serve directly from the walk-in cooler. R. King noted the local support of the project from adjacent property owners. Mr. Newberry noted that when they are closed to the public, these will be production times and that he and his business partner will be the only two start-up employees. Chairperson DeFruscio asked about drainage, and Mr. Newberry pointed out where they had accounted for drainage on the floor plan. Member Bucher asked if there were any considerations for outdoor seating, and Mr. Newberry noted that due to State Liquor Authority laws, there are some limitations for outdoor seating at this moment, but they are open to the idea. Chairperson DeFruscio noted that the approval was for the microbrewery to be open to the public four days per week with the limited hours discussed and that if there are plans to expand they would need to reappear in front of the Board. There being no further questions, Vice Chairperson Carroll made a motion to approve the special use permit for the microbrewery, which was seconded by Member Bucher and the motion passed unanimously. YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio X Jack Carroll X Stephanie Couture Absent CONSIDERATION OF A SITE PLAN AT 122 REMSEN STREET AND 130 REMSEN STREET FOR MIXED-USE BUILDINGS WITH COMMERCIAL, OFFICE SPACE, AND MULTI-FAMILY Chairperson DeFruscio asked for an overview of the project and Mr. Daniel Oh explained that he was in the process of rehabilitating these properties. Mr. Oh noted that at 122 Remsen Street, the plans were to host a microbrewery on the first floor, with fourteen apartments on the second and third floors. For 130 Remsen, Mr. Oh noted that there would be retail on the first floor, offices on the second floor, and eight apartments on the third and fourth floors. Vice Chairperson Carroll asked how large the apartments would be, and Mr. Oh noted they would range from 700 square feet to 1,000 square feet. Chairperson DeFruscio asked if there would be an elevator, which Mr. Oh confirmed. Mr. Oh noted the concern over adequate parking and pointed out the 70 spaces in the rear. Chairperson DeFruscio asked about garbage and lighting. Mr. Oh noted that there would be motion-sensor lighting installed on the building for the parking areas. Chairperson DeFruscio asked if they were box lights or flood lights and Mr. Oh noted he was planning on flood lights. Chairperson DeFruscio noted concern about the flood lights, and asked about what was planned for the front of the building. Mr. Oh noted that there were limitations on what could be changed as the buildings were in the Historic District. Chairperson DeFruscio asked if he was planning on doing anything to the courtyard area, which Mr. Oh noted that he did not have any particular plans and nothing that would require additional lighting. Chairperson DeFruscio asked about front, rear, and side lighting and about entrances. Mr. Oh noted there were front and rear entrances. Chairperson DeFruscio asked if the parking area was lined, and Mr. Oh noted he was going to be doing this and that while it was paved, lining is still needed. Chairperson DeFruscio asked about garbage removal and Mr. Oh noted he had a contract and as soon as they had approval for the apartments that they were planning on one single dumpster in the back of the building. Chairperson DeFruscio noted the need for a variance for 122 Remsen due to the number of apartments planned in that building, and R. King confirmed. Chairperson DeFruscio asked about the lighting in the parking lot and Mr. Oh said that there were no plans for lighting, just cleaning and fixing. Member Nadeau noted that the parking spaces were all intended for the uses at the buildings, and R. King noted the availability of municipal parking in the area which added to the number of spots available. Member Bucher asked about the flood lighting, and Mr. Oh noted it was planned for the rear of the buildings projected out for general lighting. Vice Chairperson Carroll asked if it was high-level or low-level and if it was going to focus downwards, which R. King provided clarification that the parking area abuts Congress Street. Chairperson DeFruscio noted he would like to see a lighting plan as he does not want to inhibit future development as a result of the lighting of this building. Mr. Oh noted that the streetlighting did contribute a good amount of lighting in the parking area. Chairperson DeFruscio asked about the dumpsters as there would be more of a need after the rehabilitation of the buildings. Member Bucher noted that a lighting plan does not seem necessary and that with a dark-sky compliant fixture the light could be diffused so it would be out into the parking lot. Chairperson DeFruscio asked Mr. Oh to consider this type of fixture when selecting lighting. Chairperson DeFruscio asked if there would be one dumpster or two, and Mr. Oh confirmed there was one dumpster planned on the far side to start. Member Bucher asked if the dumpster was planned to be enclosed, and Mr. Oh noted that there was nothing drawn up at this point and it may eat up several parking spaces. Chairperson DeFruscio asked how many handicap accessible parking spaces were needed, and there was an estimate from the Board that perhaps four for that amount of space. There being no further questions, Member Bucher made a motion to approve the site plans conditional upon the Zoning Board of Appeals approval of the required variance for 122 Remsen Street, dark-sky compliant building mounted fixtures for parking lot lighting, the enclosed dumpster, and the implementation of the required handicap accessible parking. The motion was seconded by Vice Chairperson Carroll and the motion passed unanimously. YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio X Jack Carroll X Stephanie Couture Absent ADJOURNMENT There being no further business, Member Nadeau made a motion to adjourn the meeting at 7:50 pm, which was seconded by Member Bucher and the motion passed unanimously.